02/02/2006
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Interoffice Correspondence Sheet
To: Mayor and Council members
From: Cyndie Goudeau, City Clerk
CC: Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin,
Asst. City Manager; Pam Akin, City Attorney
Date: February 02,2006
RE: Agenda Packet for 02-02-06
The following changes/additions are provided:
· Item 6.1 - Minutes for 01-19-06 Council Meeting. Paperwork provided.
· Item 6.1 - Exhibit A to 01-19-06 Minutes. Paperwork provided.
Memo to Council for 02-02-06 CC Mtg - revisions. doc
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Interoffice Correspondence Sheet
TO: Mayor and Councilmembers
FROM:
Cyndie Goudeau, City Clerk ~
SUBJECT: Follow up from January 30, 2006 Work Session
COPIES: William B. Horne, City Manager
DATE: January 31,2006
Aaenda City Council Meeting 02-02-06: Agenda provided.
Minutes 6.1 Minutes from City Council Meeting 01-19-06: Item added to agenda. Paperwork will
be provided as soon as available.
Item 11.8 Re-appoint Thomas Coates to the CDB and continue appointment to fill seat currently
held by Alex Plisko to 03-02-06: Revised item memo provided.
1 of 1
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City Council Agenda
Date: 02/02/2006 6: 00 PM
Location: Council Chambers - City Hall
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior
to the meeting if you require special accommodations at 727-562-4090. Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting
devices during the meeting.
1 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards
5 Presentations:
5.1 Nagano Students/Teacher with short greeting to the Council
5.2 Proclamation - National 2-1-1 Day - February 11,2006
5.3 Proclamation - American Legion Auxiliary's Poppy Day
6 Approval of Minutes
6.1 January 19, 2006
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 Continue Ordinance 7546-06 on second reading, making amendments to Beach By
Design: A Preliminary Design for Clearwater Beach and Design Guidelines; by
amending Section II, Future Land Use, Subsection A. The "Old Florida" District by
revising the uses and building heights allowed in the district; by amending Section II,
Future Land Use, Subsection C, Marina Residential District by deleting the reference to
a live/work product to March 16,2006.
10.2 Adopt Ordinance 7565-06 on second reading, annexing certain real property whose
post office address is 2380 Northeast Coachman Road, into the corporate limits of the
City and redefining the boundary lines of the City to include said addition.
10.3 Adopt Ordinance 7566-06 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 2380 Northeast Coachman Road upon
annexation into the City of Clearwater as Commercial General.
10.4 Adopt Ordinance 7567-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 2380 Northeast Coachman
Road, upon annexation into the City of Clearwater as Commercial (C).
10.5 Adopt Ordinance 7575-06 on second reading, annexing certain real property whose
post office address is 2190 Northeast Coachman Road, into the corporate limits of the
City, and redefining the boundary lines of the City to include said addition.
10.6 Adopt Ordinance 7577-06 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 2190 Northeast Coachman Road, upon
annexation into the City of Clearwater, as Institutional.
10.7 Adopt Ordinance 7578-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 2190 Northeast Coachman
Road, upon annexation into the City of Clearwater, as Institutional (I).
10.8 Adopt Ordinance 7579-08 on second reading, annexing certain real property whose
post office address is 1551, 1555, and 1559 Union Street, into the corporate limits of
the City, and redefining the boundary lines of the City to include said addition.
10.9 Adopt Ordinance 7580-06 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 1551, 1555, and 1559 Union Street, upon
annexation into the City of Clearwater, as Residential Low Medium.
10.10 Adopt Ordinance 7581-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 1551, 1555, and 1559 Union
Street, upon annexation into the City of Clearwater, as Medium Density Residential
(MDR).
10.11 Adopt Ordinance 7568-05 on second reading, approving a Settlement Agreement
regarding National Advertising Company v. City of Clearwater, Circuit Court Case No.
00-003844-CI-011, consolidated with Lamar Whiteco Outdoor Corporation v. City of
Clearwater, Consolidated Circuit Case NBo. 00-001939-CI-020.
10.12 Adopt Ordinance 7576-06 on second reading, approving amendments to the
Community Development Code by amending Article 2, Zoning Districts, tables 2-803
and 2-803, and amending Article 3, Development Standards, Section 3-1202.0, to
implement revisions to the Old Florida District on Clearwater Beach. (TA2005-11004)
City Manager Reports
11 Consent Agenda
11.1 Authorize payment of not to exceed $100,000 to settle the claim of Andrzej Rutkowski
for damage to his motel and its contents resulting from a city sewer backup.
11.2 Approve an election in a Federal Class-Action lawsuit to permit the Clearwater Police
Department to receive a merchandise credit in the amount of $105,391 from Armor
Holdings, Inc. toward the purchase of additional body armor, representing the
settlement of a Class-Action suit instituted in the District Court of Oklahoma
11.3 Approve a Contract For Sale of Real Property with John Boshoff and/or assigns, to sell
property legally described as PLAZA PARK, Block H, the South 50 feet of Lots 1 and 2,
for the sum of $37,750, less estimated closing costs not to exceed $200, and authorize
appropriate officials to execute same, together with related instruments required to
effect closing.
11.4 Accept a Fire Hydrant and Utility Easement containing 4,737 square feet, more or less,
over and across a portion of a tract of land lying in the Southeast % of Section 19,
Township 29 South, Range 16 East, conveyed by Highland Properties Gulfcoast, Ltd.,
a Florida limited partnership, in consideration of receipt of $1.00 and the benefits to be
derived therefrom.
11.5 Accept a Water Main & Utility Easement containing 1679 square feet, more or less,
over and across a portion of Lots 1 & 2, Block A, BAYSIDE SUB. NO.5, conveyed by
Dalton Clearwater, LLC, a Florida limited liability company, in consideration of receipt of
$1.00 and the benefits to be derived therefrom.
11.6 Award a contract to Accelerated Technology Laboratories, Inc., (ATL) of West End, NC
in the amount of $104,483.75 in response to the City of Clearwater Water Pollution
Control Laboratory's Request for Qualifications #31-05 including the purchase of one
Sample Master Pro Laboratory Information Management System (L1MS) and award a
purchase order to McKim & Creed (EOR) in the amount of $32,200.00 to provide L1MS
software installation support and that the appropriate officials be authorized to execute
same.
11.7 Approve the final plat for "CLEARWATER MALL PHASE II" located at the Southwest
corner of Gulf-to-Bay Blvd. and Sky Harbor Drive at 520 Sky Harbor Drive.
11.8 Re-appoint Thomas Coates to the Community Development Board with the term
expiring on February 28, 2010 and continue appointment to fill seat currently held by
Alex Plisko to March 2, 2006.
12 Other items on City Manager Reports
12.1 Adopt Resolution #06-07 certifying that the Homeless Emergency Project, Inc. is
consistent with local plans and regulations,
12.2 Adopt Resolution 06-08 establishing the intent to reimburse certain Beach Walk project
costs incurred with proceeds of future tax-exempt financing.
12.3 Approve the Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation (FDOT) for the relocation of existing potable water and
sanitary sewer facilities impacted by the FDOT's SR 55 (US19) from north of Sunset
Point Rd. to south of Countryside Blvd. Project, at an estimated cost of $635,000.00,
adopt Resolution #06-02, and that the appropriate officials be authorized to execute
same.
12.4 Adopt Resolution 06-14 supporting the continued presence of Pinellas County
Government offices in Downtown Clearwater and requesting and authorizing the City
Manager to engage the administration of Pinellas County in discussions regarding
shared opportunities for building location, parking, or other needed spaces in
Downtown to facilitate County retention in Downtown Clearwater.
12.5 Approve the City of Clearwater Community Vision which includes the vision statement,
mission statement, and list of priorities.
13 City Attorney Reports
13.1 Pass Ordinance 7599-06 on first reading, amending Ordinance 6779-01 as amended
by
Ordinance 7350-04, and as amended by Ordinance 7400-05 vacating the 60 foot
right-of-way of Third Street (AKA Third Avenue), bounded on the east by the westerly
right-of-way line of Coronado Drive and bounded on the west by the easterly
right-of-way line of South Gulfview Boulevard; subject to special conditions; amending
the special conditions.
13.2 Pass Ordinance 7600-06 on first reading, amending Ordinance 6780-01 as amended
by Ordinance 7351-04, and as amended by Ordinance 7401-05, which vacated the
east 35 feet of the 70 foot right-of-way of Gulfview Blvd., bounded on the north by the
westerly extension of a line parallel to and 20 feet north of the northerly lot line of Lots
57 and 104 of L1oyd-White-Skinner subdivision, as recorded in Plat Book 13, page 12
of the Public Records of Pinellas County, Florida, and bounded on the south by the
westerly extension of the south lot line of Lot 59, of said L1oyd-White-Skinner
subdivision, subject to special conditions; amending the special conditions.
14 City Manager Verbal Reports
15 Council Discussion Items
15.1 Working Waterfronts Legislation
16 Other Council Action
17 Adjourn
City Council
Agenda Cover Memorandum,~_.~~,._
Tracking Number: 1,845
Actual Date: 02/02/2006
Subject / Recommendation:
Continue Ordinance 7546-06 on second reading, making amendments to Beach By Design: A
Preliminary Design for Clearwater Beach and Design Guidelines; by amending Section II, Future
Land Use, Subsection A. The "Old Florida" District by revising the uses and building heights
allowed in the district; by amending Section II, Future Land Use, Subsection C, Marina
Residential District by deleting the reference to a live/work product to March 16,2006.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/02/2006
01/23/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006
14:25:46
Cvndie Goudeau
01-19-2006
12:05: 10
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ORDINANCE NO. 7546-06
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 II. FUTURE
LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT
BY REVISING THE USES AND BUILDING HEIGHTS ALLOWED
IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND
USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY
DELETING THE REFERENCE TO A L1VEIWORK PRODUCT;
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 the Old Florida District of 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 amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, on (Date) and (Date) the City Council of the City of Clearwater reviewed
and approved Beach by Design; now therefore,
Ordinance No. 7546-06
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 II. Future Land Use, Subsection A. The "Old Florida"
District, is amended as follows:
A. The "Old Florida" District
The area between Acacia and Rockaway is an area of transition between resort uses in
Central Beach to the low intensity residential neighborhoods to the north of Acacia.
Existing uses are generally the same as the balance of the Beach. However, the scale
and intensity of the area, with relatively few exceptions, is substantially less than
comparable areas to the south and the intention is that the area remain at this lesser
intensity.
The mix of uses in the District favors rosidential more than othor parts of Cloarwater
Be3ch tourist and overniaht accommodations as well as aM retail uses that are
primarily neighborhood-serving uses. Given the area's location and existing conditions,
Beach by Design contemplates the renovation and revitalization of existing
improvements with limited new construction where renovation is not practical. New
single family dwellings 3nd townhouses Overniaht accommodations and multi-family
dwellinas are allowed throuahout the district. with retail/commercial permitted alona
Mandalay Avenue. are the proferred form of development. Densities in the area should
be gener311y limited to the density of existing improvements and building height should
be 10'# to mid rise in accordance with the Community Devolopment Code. Special
heiaht restrictions apply to three areas located in the District. The area located north of
the centerline of Somerset Street shall not exceed 35 feet in heiaht. The area located
south of the centerline of Somerset Street. measured for a distance of 60 feet south
from the north property boundary. shall not exceed 50 feet in heiaht. The area
measured from the southern boundary of the 60 feet demarcation line to the
southernmost portion of the Old Florida District shall not exceed 65 feet in heiaht. Lack
of parking in this area may hinder revitalization of existing improvements, particularly on
Bay Esplanade. A shared parking strategy should be pursued in order to assist
revitalizations efforts.
* * * *
Section 2. 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 3. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
2
Ordinance No. 7546-06
Section 4. 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 5. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7546-06
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City Council
Agenda .~_over Memoran~~
Tracking Number: 1,846
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7565-06 on second reading, annexing certain real property whose post office
address is 2380 Northeast Coachman Road, 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 Hearinq: Yes
Advertised Dates: 01/21/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006 14:25:03
Cvndie Goudeau
01-19-2006 11 :56:09
ORDINANCE NO. 7565-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHEAST COACHMAN ROAD AND ON
THE WEST SIDE OF OLD COACHMAN ROAD, AT THE
NORTHEAST COACHMAN ROAD AND OLD COACHMAN ROAD
INTERSECTION, CONSISTING OF METES AND BOUNDS 24/01
AND 24/02, A PORTION OF SECTION 7, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2380
NORTHEAST COACHMAN ROAD, 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:
See attached legal description.
(AT A2005-1 0001 )
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7565-06
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City Council
Agenda, Cover Memora~dum
Tracking Number: 1,847
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7566-06 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 2380 Northeast Coachman Road upon annexation into the City of Clearwater as
Commercial General.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/21/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006
14:24:09
Cvndie Goudeau
01-19-2006
11:57:01
ORDINANCE NO. 7566-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHEAST COACHMAN ROAD AND ON
THE WEST SIDE OF OLD COACHMAN ROAD, AT THE
NORTHEAST COACHMAN ROAD AND OLD COACHMAN ROAD
INTERSECTION, CONSISTING OF METES AND BOUNDS 24/01
AND 24/02, A PORTION OF SECTION 7, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2380
NORTHEAST COACHMAN ROAD UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS COMMERCIAL GENERAL;
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 attached legal description.
(AT A2005-10001
Land Use CateQorv
Commercial General
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. 7565-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attomey
Cynthia E. Goudeau
City Clerk
Ordinance No. 7566-06
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City Council
,_, Agenda Cover Memorand~m
Tracking Number: 1,848
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7567-06 on second reading, amending the zoning atlas of the City by zoning
certain real property whose post office address is 2380 Northeast Coachman Road, upon
annexation into the City of Clearwater as Commercial (C).
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/21/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006 14:23:30
Cvndie Goudeau
01-19-2006 11:57:53
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ORDINANCE NO. 7567-06
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 NORTHEAST COACHMAN ROAD AND ON THE WEST SIDE
OF OLD COACHMAN ROAD, AT THE NORTHEAST COACHMAN
ROAD AND OLD COACHMAN ROAD INTERSECTION,
CONSISTING OF METES AND BOUNDS 24/01 AND 24/02, A
PORTION OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESS IS 2380 NORTHEAST
COACHMAN ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL (C); 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 attached legal description.
(AT A2005-10001
Zonina District
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, contingent upon
and subject to the adoption of Ordinance No. 7565-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7567-06
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City Council
Agend!..~over Memorandum
Tracking Number: 1,849
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7575-06 on second reading, annexing certain real property whose post office
address is 2190 Northeast Coachman Road, 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: 01/21/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006 14:22:21
Cvndie Goudeau
01-19-2006 11:58:49
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ORDINANCE NO. 7575-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHEAST COACHMAN ROAD
APPROXIMATELY 180 FEET WEST OF NORTH BELCHER
ROAD, CONSISTING OF A PORTION OF LOT 16, PINELLAS
GROVES, WHOSE POST OFFICE ADDRESS IS 2190
NORTHEAST COACHMAN ROAD, 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:
See attached legal description (LUZ2005-09011)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7575-06
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Proposed Annexation Map
Owner
Diocese of St. Petersburg
Site:
2190 Northeast Coachman Road S.R. 590
Case:
Property Size
(Acres) :
Land Use
Zoning
From
CG (County)
C2 (County)
To:
I (City)
I (City)
Atlas Page:
LUZ2005-090 11
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PIN: 12-29-15-70182-400-1600
280B
~.-Jl9
\O.lo
City Council
AQ.!,,!1daCover _Memorandulll."
~~
CI~
Tracking Number: 1,850
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7577-06 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 2190 Northeast Coachman Road, upon annexation into the City of Clearwater,
as Institutional.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/21/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006
14:20:53
Cvndie Goudeau
01-19-2006
11:59:41
~: c.A-u
ORDINANCE NO. 7577-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHEAST COACHMAN ROAD
APPROXIMATELY 180 FEET WEST OF NORTH BELCHER
ROAD, CONSISTING OF A PORTION OF LOT 16, PINELLAS
GROVES, WHOSE POST OFFICE ADDRESS IS 2190
NORTHEAST COACHMAN ROAD, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS INSTITUTIONAL; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateaorv
See attached legal description (LUZ2005-09011)
Institutional
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. 7575-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7577-06
RM
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Site:
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2190 Northeast Coachman Road S.R. 590
Case:
Property Size
(Acres):
LUZ2005-090 11
1.95
Land Use
From:
CG (County)
To:
I (City)
Zoning
C2 (County)
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Atlas Page:
PIN: 12-29-15-70182-400-1600
280B
'~~~:J City Council
;~
u~ . ~~,_~~~"Afl!.l1da COV~~ ~emorandul!I__..~___
~~(
\0.(
Tracking Number: 1,851
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7578-06 on second reading, amending the zoning atlas of the City by zoning
certain real property whose post office address is 2190 Northeast Coachman Road, upon
annexation into the City of Clearwater, as Institutional (I),
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearina: Yes
Advertised Dates: 01/21/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006
14:20: 18
Cvndie Goudeau
01-19-2006
12:00:39
~: <:A.~
ORDINANCE NO. 7578-06
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 NORTHEAST COACHMAN ROAD APPROXIMATELY 180
FEET WEST OF NORTH BELCHER ROAD, CONSISTING OF A
PORTION OF LOT 16, PINELLAS GROVES, WHOSE POST
OFFICE ADDRESS IS 2190 NORTHEAST COACHMAN ROAD,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
INSTITUTIONAL (I); 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
Zonino District
See attached legal description (LUZ2005-09011)
Institutional (I)
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. 7575-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 7578-06
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Site:
2190 Northeast Coachman Road S.R. 590
Land Use
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To:
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Property Size
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PIN: 12-29-15-70182-400-1600
Atlas Page:
280B
;. ~~.~_tatJ.'..'... City Council
:~
u~ . _., ~genda cO'!!I"MemorandL!m
CA--fs'
\D.~
Tracking Number: 1,852
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7579-08 on second reading, annexing certain real property whose post office
address is 1551, 1555, and 1559 Union 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 Hearinq: Yes
Advertised Dates: 01/21/2006
Financial Information:
Review Aporoval
Pam Akin
01-13-2006
14: 19:35
Cvndie Goudeau
01-19-2006
12:01:35
ORDINANCE NO. 7579-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF UNION STREET BETWEEN POWDERHORN
DRIVE AND HIGHLAND AVENUE, CONSISTING OF METES AND
BOUNDS 21/01, 21/03 AND 21/02, TOGETHER WITH THE
ABUTTING SOUTH ONE-HALF OF THE RIGHT-OF-WAY OF
UNION STREET, WHOSE POST OFFICE ADDRESS IS 1551,
1555, AND 1559 UNION 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:
Legal description attached (ANX2005-09034)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7579-06
Cj\-q
\D,q
~.~._.. ..........,...............,......,...J....._...........!.~...,.~.......,.........,.....,._.rJ.......
U~~,
, "",' ",,' ,', ~, "",,', ,',','" , , ,
City Council
Agenda Cover Memor~"ndu!!t.
Tracking Number: 1,853
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7580-06 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 1551, 1555, and 1559 Union Street, upon annexation into the City of
Clearwater, as Residential Low Medium.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/21/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006
14: 18:59
Cvndie Goudeau
01-19-2006
12:02:31
ORDINANCE NO. 7580-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF UNION STREET BETWEEN POWDERHORN
DRIVE AND HIGHLAND AVENUE, CONSISTING OF METES AND
BOUNDS 21/01, 21/03 AND 21/02, TOGETHER WITH THE
ABUTTING SOUTH ONE-HALF OF THE RIGHT-OF-WAY OF
UNION STREET, WHOSE POST OFFICE ADDRESS IS 1551,
1555, AND 1559 UNION STREET, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL LOW MEDIUM;
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
Legal Description attached (LUZ2005-09012)
Land Use CateQorv
Residential Low Medium
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. 7579-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7580-06
~~ _ ~~:d~:~~e~~emOrand~
Tracking Number: 1,854
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7581-06 on second reading, amending the zoning atlas of the City by zoning
certain real property whose post office address is 1551, 1555, and 1559 Union Street, upon
annexation into the City of Clearwater, as Medium Density Residential (MDR).
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/21/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006 14: 18: 11
Cvndie Goudeau
01-19-2006 12:03: 19
e.F\ -\, D
\D. \D
ORDINANCE NO. 7581-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF UNION STREET BETWEEN POWDERHORN DRIVE AND
HIGHLAND AVENUE, CONSISTING OF METES AND BOUNDS
21/01, 21/03 AND 21/02, TOGETHER WITH THE ABUTTING
SOUTH ONE-HALF OF THE RIGHT-OF-WAY OF UNION
STREET, WHOSE POST OFFICE ADDRESS IS 1551,1555, AND
1559 UNION STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR);
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
Zonina District
Legal description attached (LUZ2005-09012)
Medium Density Residential (MDR)
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. 7579-06.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7581-06
~~I
ll.~
....C...... ."-
City Council
Ag!tnda Cover Memor!.ndu!!!
CJ\~\\
\D.\\
Tracking Number: 1,882
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7568-05 on second reading, approving a Settlement Agreement regarding
National Advertising Company v. City of Clearwater, Circuit Court Case No. 00-003844-CI-Oll,
consolidated with Lamar Whiteco Outdoor Corporation v. City of Clearwater, Consolidated Circuit
Case NBo. 00-001939-CI-020.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: No
Financial Information:
Review Approval
Pam Akin
01-20-2006
10:30:45
Cvndie Goudeau
01-20-2006
10:35:08
~: c..P--\, \
ORDINANCE NO. 7568-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING FINDINGS; AUTHORIZING THE MAYOR OF THE CITY
OF CLEARWATER TO EXECUTE A SETTLEMENT
AGREEMENT WITH NATIONAL ADVERTISING COMPANY AND
ITS PARENT COMPANY, VIACOM OUTDOOR, INC.,
REGARDING LITIGATION OVER THE REMOVAL AND
PLACEMENT OF OUTDOOR ADVERTISING STRUCTURES
COMMONLY REFERRED TO AS BILLBOARDS; PROVIDING
RECITALS; PROVIDING DEFINITIONS; PROVIDING FOR
REMOVAL OF CERTAIN IDENTIFIED BILLBOARDS OVER A
DEFINED PERIOD OF TIME; PROVIDING FOR MAINTENANCE,
REPAIR AND RECONSTRUCTION OF THE IDENTIFIED
BILLBOARDS SUBJECT TO CERTAIN REQUIREMENTS;
PROVIDING THAT IN THE EVENT DEVELOPMENT OR
REDEVELOPMENT OF THE PROPERTY UPON WHICH A
BILLBOARD IS LOCATED OCCURS, NATIONAL SHALL BE
ENTITLED TO RELOCATE AND RECONSTRUCT THE
BILLBOARD ON SAID PROPERTY IN ORDER TO
ACCOMMODATE THE DEVELOPMENT OR REDEVELOPMENT,
AND PROVIDING FOR ISSUANCE OF PERMITS FOR SAID
RELOCATION AND RECONSTRUCTION, AND PROVIDING
THAT THE RELOCATED AND RECONSTRUCTED BILLBOARD
SHALL SATISFY SETBACK REQUIREMENTS FOR
FREESTANDING SIGN STRUCTURES IN EFFECT AT THE
TIME OF RELOCATION, AND THAT ANY RELOCATION AND
RECONSTRUCTION SHALL NOT INCREASE THE SIZE OR
HEIGHT OF THE BILLBOARD; PROVIDING THAT THE CITY
SHALL NOT IMPOSE A REQUIREMENT THAT SAID
BILLBOARDS BE REMOVED FOR DEVELOPMENT OR
REDEVELOPMENT OF THE PARCEL DURING THE REMOVAL
PERIOD; PROVIDING FOR THE FORWARDING OF CERTAIN
ASSURANCES CONCERNING THE SETTLEMENT
AGREEMENT TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING FOR RELOCATION PERMITS
IN THE EVENT OF AUTHORIZED RELOCATION; PROVIDING
FOR VESTED RIGHTS TO OPERATE, MAINTAIN,
RECONSTRUCT AND RELOCATE THE BILLBOARDS IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
SETTLEMENT AGREEMENT; PROVIDING FOR MUTUAL
RELEASES AND WAIVERS AND PROVIDING THE SCOPE
THEREOF; PROVIDING FOR NOTICE; PROVIDING
REPRESENTATIONS AND WARRANTIES AS TO THE
PARTIES' AUTHORITY TO ENTER INTO THE SETTLEMENT
AGREEMENT; PROVIDING FOR ENFORCEMENT; PROVIDING
Ordinance No. 7568-05
THAT SAID AGREEMENT IS THE ENTIRE AGREEMENT
BETWEEN THE PARTIES; PROVIDING FOR BINDING EFFECT;
PROVIDING FOR THE FILING OF A JOINT MOTION FOR
STIPULATED FINAL JUDGMENT IN THE LITIGATION AND FOR
THE ENTRY OF DISMISSALS WITH PREJUDICE IN CERTAIN
APPEALS OF CODE ENFORCEMENT BOARD ACTION;
PROVIDING THAT IF THE AGREEMENT IS INVALIDATED BY A
THIRD PARTY, THE PARTIES SHALL BE RETURNED TO
THEIR RESPECTIVE LEGAL POSITIONS AS EXISTED ON THE
EFFECTIVE DATE; PROVIDING THAT THE AGREEMENT IS IN
COMPROMISE OF DISPUTED CLAIMS; ATTACHING EXHIBITS
"A" THROUGH "J"; PROVIDING FOR OTHER MODIFICATIONS
THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT
THE PUBLIC HEARINGS AND WITH RESPONSIBLE
AUTHORITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted certain Ordinances regulating signs
within said City, including Ordinance Nos. 4035-85, 4753-88,5257-92,5334-93, and 6348-
99; and
WHEREAS, Notices of Violation pursuant to said Ordinances were issued to
National Advertising Company and Lamar Whiteco Outdoor Corporation regarding certain
signs owned by them; and
WHEREAS, National Advertising Company filed suit against the City of Clearwater,
Case No. 00-3844-CI-11, challenging the adoption and effectiveness of said Ordinances,
asserting vested rights and rights to the continuance of allegedly lawful nonconforming
uses, challenging the City's actions on state and federal constitutional grounds and as
impairment of contract, alleging inverse condemnation, and seeking declaratory and
injunctive relief and damages, and Lamar Whiteco Outdoor Corporation filed suit with
similar allegations, Case No. 00-1939-CI-20, and during the pendency of the litigation the
subject sign owned by Lamar Whiteco Outdoor Corporation was acquired by National
Advertising Company or its parent company, Viacom Outdoor, Inc.; and
WHEREAS, National Advertising Company and the City of Clearwater entered into
mediation discussions in the course of the litigation, the result of which is the settlement
agreement attached hereto; and
WHEREAS, the Community Development Board as Local Planning Agency of the
City of Clearwater has reviewed and made recommendation to the City Council consistent
with Florida Statutes Section 163.3174, and the City Council has conducted two public
hearings consistent with Florida Statutes Section 166.041 and Chapter 163 in anticipation
that certain provisions of the settlement agreement could represent a waiver of provisions
of the City's land development code or modification of said code; now therefore,
2
Ordinance No.7568-05
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Mayor of the City of Clearwater is authorized to execute the
Settlement Agreement with National Advertising Company and its parent company,
Viacom Outdoor, Inc., which is attached as Exhibit A to this Ordinance and which
consists of the text of the Agreement and three signature pages with eleven Exhibits
labeled "A" "B" "C" "D" "E-1" "E-2" "F" "G" "H" "I" and "J,j
, , , , , " , " .
Section 2. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
3
Ordinance No.7568-05
~..~
u~
City Council
___ A~nda Cover Memorandum___
Tracking Number: 1,901
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Ordinance 7576-06 on second reading, approving amendments to the Community
Development Code by amending Article 2, Zoning Districts, tables 2-803 and 2-803, and
amending Article 3, Development Standards, Section 3-1202.D, to implement revisions to the
Old Florida District on Clearwater Beach. (TA2005-11004)
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/21/2006
Financial Information:
Review Approval
Pam Akin
Cvndie Goudeau
01-26-2006 10:58:32
01-30-2006 08:32:22
CA-\~
\D. \ ~
ORDINANCE NO. 7576-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, TABLES
2-802 AND 2-803, TO AMEND USE, MAXIMUM HEIGHT AND
MINIMUM SETBACK REQUIREMENTS; AND BY AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202.D,
TO AMEND PERIMETER BUFFERS FOR THE OLD FLORIDA
DISTRICT IN BEACH BY DESIGN, WHICH ARE GOVERNED BY
THE PROVISIONS IN BEACH BY DESIGN: A PRELIMINARY
DESIGN FOR CLEARWATER BEACH AND DESIGN
GUIDELINES, WHICH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development
Code on January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code,
the City of Clearwater has reviewed numerous development proposals in all of the new
zoning districts in all parts of the City that utilize the Minimum Standard, Flexible
Standard and Flexible levels of review, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the City of Clearwater desires for the Community Development
Code to function effectively and equitably throughout the City, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 2, Zoning Districts, Tourist District ("1"), Section 2-802,
Flexible standard development, is amended as follows:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Ordinance No. 7576-06
Table 2-802. 'T' District Flexible Standard Develooment Standards
Use ill Min. Lot Min. Lot Max. Height Min. Setbacks (ft.) ill Density Min. Off-
Area (sq. ft.) Width (ft.) (ft.) ill Street
Parking
Front Side Rear
Accessory nla nla nla nla nla nla 30 unitslacre 1/unit
DwellinQs
Alcoholic 5,000 50 35 10-15 10 20 nla 5 per 1,000
Beverage GFA
Sales
Attached 10,000 100 35--50 10-15 10 10--20 30 unitslacre 1.5 per unit
Dwellinas
Government 10,000 100 35--50 10--15 0--10 10--20 nla 3--4/1,000
alUsestt-} GFA
(2)
Indoor 5,000 50 35-100 0-15 0--10 20 nla 10 per 1 ,000
Recreationl GFA
Entertainme
nt
Medical 10,000 100 30--50 10--15 10 20 20 2--3/1 ,000
Clinic GFA
Nightclubs 5,000 50 35 15 10 20 nla 10 per 1,000
GFA
Non- nla nla nla 25 5 10 nla nla
Residential
Off-Street
ParkinQ
Offices 10,000 100 35--50 10--15 0--10 10--20 nla 3--4 spaces
per 1,000
GFA
Outdoor 5,000 50 35 10-15 10 20 nla 2.5 spaces
Recreationl per 1,000
Entertainme sq. ft. of lot
nt area or as
determined
by the
community
development
director
based on
ITE Manual
standards
Overnight 20,000 100-150 35--50 10-15 0--10 10--20 40 1 per unit
Accommoda roomslacre
tions
Parking 20,000 100 50 15-25 10 10--20 nla nla
Garages
and Lots
Parks and nla nla 50 25 10 20 nla 1 per 20,000
Recreation SF land area
Facilities or as
determined
by the
community
development
coordinator
based on
ITE Manual
standards
3
Ordinance No. 7576-06
Public n/a n/a 10 n/a n/a n/a n/a n/a
Transporta-
tion
Facilities~
(3)
Sidewalk n/a n/a n/a n/a n/a n/a n/a n/a
Vendors
Restaurants 5,000-- 50--100 25--35 10--15 0--10 10--20 n/a 7-15 spaces
10,000 per 1 ,000
GFA
Retail Sales 5,000-- 50--100 35-50 10--15 0--10 10--20 n/a 4--5 spaces
and 10,000 per 1 ,000
Services GFA
Social and 5,000-- 50--100 35--50 10--15 0--10 10--20 n/a 4--5 spaces
Community 10,000 per 1 ,000
Center GFA
Utilityllnfrast N/a n/a n/a 25 10 10 n/a N/a
ructure
F acilities~
L41
(1) Specific standards for the Old Florida District that supercede the above
reaulations are set forth in Beach bv Desion: A Preliminary Desion for
Clearwater Beach and Desion Guidelines.
(41 m Governmental uses shall not exceed five acres. Any such use, alone or
when added to contiguous like uses which exceed five acres shall require
a land use plan map amendment to Institutional which shall include such
uses and all contiguous like uses.
~ ill Public transportation facilities shall not exceed three acres. Any such use,
alone or when added to contiguous like uses which exceed three acres
shall require a land use plan map amendment to Transportation/Utility
which shall include such uses and all contiguous like uses.
~ ill Utilitylinfrastructure uses shall not exceed three acres. Any such use,
alone or when added to contiguous like uses which exceed three acres
shall require a land use plan map amendment to Transportation/Utility
which shall include such uses and all contiguous like uses.
***********
Section 2. Article 2, Zoning Districts, Tourist District (''1''), Section 2-803,
Flexible development potential, is amended as follows:
Section 2-803. Flexible development.
The following uses are Level Two permitted uses permitted in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable
provisions of Article 3.
4
Ordinance No. 7576-06
Table 2-803. 'T' Flexible Develooment Standards
Use ill Min. Lot Min. Lot Max. Height ill Min. Min. Side Min. Rear Density Min. Off-
Area (sq. ft.) Width (ft.) (ft.) F~~~) (ft.) m (ft.) ill Street
(ft. Parking
Alcoholic 5,000 50 35--100 0-15 0--10 10--20 n/a 5 per 1,000
Beverage GFA
Sales
Attached 5,000- 50--100 35--100 0-15 0--10 10--20 30 units/acre 1.5 per unit
Dwellings 10,000
Comprehens n/a n/a n/a n/a n/a n/a 30 Determined
ive Infill units/acre; by the
Redevelopm 40 community
ent Project rooms/acre development
f=4 coordinator
m based on
the specific
use and/or
ITE Manual
standards
Limited 5,000 50 35--100 0--15 0--10 10--20 n/a 4--5 spaces
Vehicle per 1,000
Sales and GFA
Display
Marina 5,000 50 25 10--15 0--10 10--20 n/a 1 space per
Facilities 2 slips
Nightclubs 5,000 50 35-100 0--15 0--10 10--20 n/a 10 per 1,000
GFA
Offices 10,000 100 35-100 0--15 0--10 10--20 n/a 3--4 spaces
per 1,000
GFA
Outdoor 5,000 50 35 5--15 0--10 10--20 n/a 2.5 spaces
Recreation/ per 1,000
Entertainme sa FT of lot
nt area or as
determined
by the
community
development
coordinator
based on
ITE Manual
standards
Overnight 10,000-- 100--150 35--100 0--15 0--10 0--20 40 1 per unit
Accommoda 20,000 rooms/acre
tions
Restaurants 5,000-- 50--100 25--100 0-15 0--10 10--20 n/a 7--15
10,000 spaces per
1,000 GFA
Retail sales 5,000- 50-100 35-100 0-15 0--10 1 0--20 n/a 4--5 spaces
and services 10,000 per 1,000
GFA
ill Specific standards for the Old Florida District that supercede the above
reoulations are set forth in Beach bv Desion: A Preliminary Desion for
Clearwater Beach and Desian Guidelines.
(4) {21 Any use approved for a Comprehensive Infill Redevelopment Project shall
be permitted by the underlying Future Land Use Plan Map designation.
5
Ordinance No. 7576-06
***********
Section 3. Article 3, Development Standards, LandscapinglTree Protection,
Section 3-1202.D, Perimeter buffers, is amended as follows:
Section 3-1202.D. Perimeter buffers.
Except in the downtown or tourist districts. excludinQ the Old Florida District where
landscapinQ requirements are defined in Beach Bv DesiQn: A Preliminary DesiQn for
Clearwater Beach and DesiQn Guidelines. or in designated scenic corridors with
approved special plans, landscaping shall be installed in a perimeter buffer in
accordance with the standards in this division and the following table:
***********
Section 4. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 5. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 6. Should any part or provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 7. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
6
Ordinance No. 7576-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
7
Ordinance No. 7576-06
rIN-\
(~\J\Sed ')
\ \. \
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City Council
Ag.!!!da Coy~_r Memorandum,_.."._
Tracking Number: 1,858
Actual Date: 02/02/2006
Subject / Recommendation:
Authorize payment of not to exceed $100,000 to settle the claim of Andrzej Rutkowski for
damage to his motel and its contents resulting from a city sewer backup.
Summary:
. On January 3, 2006 grease in a city sewer line allegedly caused the line to back up and flood
the motel owned by Andrzej Rutkowski, 2431 Gulf to Bay Blvd., with raw sewage. The raw
sewage allegedly caused extensive damage to the motel structure and its contents.
. Any liability the city may have for Mr. Rutkowski's damage is limited to $100,000 as provided
under Section 768.28. FI. Statutes.
. Mr. Rutkowski incurred approximately $64,854 in cleanup costs, and an estimated $20,000
for damaged contents and loss of revenue, The motel rooms allegedly flooded by the sewer
were inhabitable until they were cleaned and repaired.
. Although the city does not admit liability in the case, the city's Claim Committee and Risk
Management Division recommend payment of an amount not to exceed $100,000 to Mr.
Rutkowski for settlement of his liability claim for sewer damage to his property.
Originatinq: Finance
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Insurance Claim
In Current Year Budget?
Yes
Budget Adjustment:
No
;.~.. ..'.. .... ....te'....... .. City Council
:: a r
c;.~ _,__~gen~!..,C9ver Memorand~.~
Current Year Cost:
$85,000.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$85,000.00
Not to Exceed:
$85,000.00
Appropriation Code(s)
0590-07000-545900-519-000
Review Approval
Maroie Simmons
Cvndie Goudeau
Bill Horne
Tina Wilson
Garrv Brumback
Pam Akin
Bill Horne
Amount
Comments
Self Insurance Fund
01-13-2006 11 :02:09
01-25-2006 13:29:02
01-25-2006 16:27:33
01-25-2006 13:39:38
01-25-2006 14: 16: 14
01-17-2006 13: 19:09
01-20-2006 15:41:10
~h!
u~
City Council
~genda Cover Memoran~,um
~-\
\ \. ':}
Tracking Number: 1,906
Actual Date: 02/02/2006
Subiect / Recommendation:
Approve an election in a Federal Class-Action lawsuit to permit the Clearwater Police Department
to receive a merchandise credit in the amount of $105,391 from Armor Holdings, Inc. toward the
purchase of additional body armor, representing the settlement of a Class-Action suit instituted in
the District Court of Oklahoma
Summary:
1. Beginning in 2001 through 2005, Second Chance Body Armor Inc. has been the Clearwater
Police Department's (CPD) vendor for the purchase of "TriFlex" body armor (a hybrid vest). The
composition of this bulletproof vest was a mixture of three materials, Araflex, Zylon PBO and
Goldflex. In November 2003, Second Chance Body Armor, Inc. discontinued selling their Ultimax
vest, which was comprised solely of Zylon. Second Chance tested one of the police department's
143 "TriFlex" vests and determined that the vests purchased continued to ensure officer safety.
However, during 2004, the police department switched to the Monarch vest, which did not contain
Zylon. In June 2005, Second Chance Body Armor, Inc., announced a recall of all vests containing
Zylon.
2. During the month of August 2005, an article appeared in newsprint concerning problems
associated with body armor containing Zylon fabric, which CPD and other law enforcement
agencies had purchased from Second Chance. The announcement was also made, via this article,
that Second Chance Body Armor, Inc., had sold all of its assets minus liabilities to Armor
Holdings, Inc. in a Chapter 11 bankruptcy case.
3. As a result, a class action lawsuit was instituted against Second Chance Body Armor Inc in the
District Court of Oklahoma. Police Legal Advisor Rob Surette registered the Clearwater Police
Department with the Zylon Class Administrator.
4. The class-action lawsuit was recently settled in the amount of $29 million and offered the
member plaintiffs the following elective options:
Option #1 provides for a reimbursement check in the amount of $670 times the number of vests
purchased (CPD purchased 143 vests), thus the total of this option, if selected by Clearwater
would be $95,810.00,
Option #2 provides for an Armor Holdings Merchandise Voucher worth the cash value in Option
#1, plus an additional amount representative of 10% of the pro-rata share per vest, or $737
times the number of vests purchased (143 vests purchased by CPD) for a total of $105,391.
The Armor Holdings Voucher is valid through October 23, 2010, and may be used for any Armor
Holdings law enforcement product sold through the local distributor to include body armor, duty
gear, batons, less lethal products, gloves, etc.
It is estimated that over the next five years, Clearwater Police Department will be replacing
approximately 250 vests, which also takes into consideration potential hires during that period of
time. The current State Contract price for each vest is approximately $510. Thus, the current
cost to replace 250 vests at $510 would be $127,500.
Orig i nati ng: Police
Section: Other items on City Manager Reports
~~
u~
City Council
Agenda Cover Memorandum
Categorv: Other
Number of Hard Copies attached: None
Public Hearina: No
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Impractical to Bid
In Current Year Budaet?
No
Budget Adjustment:
No
Review Aooroval
Sid Klein
Garrv Brumback
Cvndie Goudeau
Sue Diana
Bill Horne
01-26-2006 16:37:08
01-27-2006 08:36:22
01-26-2006 17:09:46
01-27-2006 11 :02:30
01-27-2006 10:54:51
CJ.JG\- \
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~~J _-=:~~:i~emOrandUm_
Tracking Number: 1,824
Actual Date: 02/02/2006
Subject / Recommendation:
Approve a Contract For Sale of Real Property with John Boshoff and/or assigns, to sell property
legally described as PLAZA PARK, Block H, the South 50 feet of Lots 1 and 2, for the sum of
$37,750, less estimated closing costs not to exceed $200, and authorize appropriate officials to
execute same, together with related instruments required to effect closing.
Summary:
On November 16, 2005, Council declared the subject vacant parcel as surplus for the purpose of
offering for sale by advertising for bid with a minimum bid amount of $35,000, and requiring the
successful bidder to construct affordable housing for qualified buyers with household income
under 80% of area median income.
On November 21, 2005, Invitation For Bid 01-06 was issued. At bid opening on December 7,
2005, two bids, one for $37,000 and the subject bid were submitted in response to and in
compliance with the Invitation For Bid.
The subject contract is conditioned upon Mr. Boshoff, and/or his assigns ("Buyer") qualifying for
and securing third party financing not to exceed $150,000 to fund the lot purchase and
construction costs.
The Buyer has 45 days following the effective date of contract to secure financing; and is
required to close the transaction within 60 days of the effective date.
The City acquired title to the subject property by Certificate of Title dated August 14, 1998,
issued by the Clerk of Court in settlement of a judgment in favor of the City's suit to foreclose
uncollected balances of a CDBG housing rehabilitation loan, demolition lien, unpaid interest,
attorneys' fees and court costs totaling $18,761.59.
CDBG Program Funds provided the rehabilitation loan and expenses the City filed suit to
foreclose in 1998. In accordance with Section 570.500 of the Program, the gross income
generated by Program Funds, including all sale proceeds from this transaction, will be returned
to the CDBG Housing Rehab 2005 fund 99422.
A copy of the agreement is available for review in the Office of Official Records and Legislative
Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
___~_I'i"*"l<!oI>IIil>_'!mI~~!I!'III~Il!"i__tm~.._
~~
u~ __,_..Agenda Cover Memorandum.~,"_.
Michael Quillen
Garrv Brumback
Laura Lioowski
Bill Horne
Cyndie Goudeau
City Council
01-17-2006 13:27:49
01-19-2006 13:24:28
01-19-2006 10:25:17
01-20-2006 14: 13:26
01-20-2006 14:31 :25
~: ~6,,~\
CQNTRACT FOR $ALE OF REALPRdPERTV
..... . ..... BY
llU:ClrvOF CLEARWATER, FLORIOA
PARriES: The CITVOF CI..EAAWATER,FLO$U:~~a Municipal Corporation ol~~~of Flt>t((:la (harein'Seller" or "Ci!Y");
p'. O.Box .4748, ClearWater, Florida 33758.474!kATTENTION:Clty Manager, Phone: (727) 562-4Q50,andJOHN
BOSHOFF, a married man, andlor as.tlll1$ (herein "Buyer"), of 509 North Pre~ Avenue, Clearwater, A. 33755 Phone:
(7:27) 442-4984. (coBectively 'Parties"),heteby <lg~ Ihallhe Seller. shall seUand Buyer shall buy the followin{l real property
('Real Property"} and personal pr~rty 1"P9~~~I1~ly"J (COllectively 'Property') upontf'1e follOWing terms and conditions.
THE "EFFECTfVEDATE" OFrHISc;:p~TRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIA1,.S:T1Me:1S Q.F THE ESSENCE IN THIS CONTRACT.
Time periods of5 davsor ~&ljIhallbecomputed without Including Saturday, $unday, or
nattonallegal hOli~y.andanYUmll!f'l"1od ending on a saturday, Sunday or natlonallegal
holiday shall be extendlki unU1S:00P;M. of the next business day,
1,1 F~AI m=SCRIPTlmJ PLAzAPAAK,BlockH, the South so teet of Lot$l~~d2,~srit~ordedlh Pial
Book H5,Page 53, Public Records of PlnellasCounty. FIl)rl~,
stREET ADDRESS (CltylSlatelZip): 501 Pennsylvania Avenue, Clearwater, Fl. 33755
2. FtJI.1 PI JRCHASE PRiCE.,................."",.......................,. ....... ..........,... ....,..., .,n "........ ,...;... ;.,$37,550.00
3; MANNER OF PAYMENT
Totalam(junt to be paid ~tC;lqsinginU,.S.ful1d~.cash. certified or cashier's check,subjeclto
adjulllmentsand pror~ions.(ilnq finaocinQ~stipulatecl in paragraph 5 hereafter) ........' ..,. .......,,$37.550.00
4,TIME FOR A~CFPTANCE
Following execlrtlon of thls< contrli\Ct by Btlyer,lhe price; lerms and conditions~c()rilajned t1er~lnshaU remain unchanged
ardbe held unconditionally open for a petiOcl of 45 days followlng deUvery In du(.)lleatliloriginalloEarl Barrett,Real Estate
Services Manager of the CilyoICle8J'lNat!ilrfl:lr~eptance. and approval. or rejeClionl)y<actionoltheClearwalerCityCOul1cil
("Co\Jncil'). If tf'1ls agreernentjsaocejJtedandapWov~bY the Council, .~. will be llxecutEKf ~ydulya:uthorized City official!; and.
dE;JHverEKfto Buyer within 10 dayslhereilf1er.'f IheCOuncll upon initial presentation rejects this contract,this conlractshall bl!
null and void in all respeclS and Buyersh.allpeso informEid in writing within 5 days of such action.
5, FINANCIN~
.~~yer's pbligatipnto close under tefl-ps and ~CmcJitionsofttlis contract iaexplicitly conditioned uponBuyerObtainin911.~~ri
loaO(:ommitn19nl Iroma recognJzedlendin\iJ.lnslilL.ltion of BI.I)'8r'schoice in the total amount of construction and permanent
firaocing no~ to exceedS150;0OOwithln4S,daysoftheEffectiva Date. Bl.I)'8r agrees totimeJy apply lor, and if qUalified,accept
~lJchljnancing atcurrentmarket ratesitermsandcon!:iitiotlS, Buyer shaD pay aU costs associated with securing the financing
aSherQindescribed, including but not limited toapplicatlonand appraisal lees. loan origination fee and discount point. l1Ue
insurance, statedocumllntary stamp feasand loanclo&ing expanses. If Buyer, afler all dUigent effort. faUs to obtain a writtl:!l1
toancommltment as. above. described, or fails 10walveBuyw's rights under this paragraph within the time aUowectror
oblalning Jhe.loaflcommltment, Ihen Buyer, at Buyer option, may withdraw fromlhiscontraCl withoul penalty upon. providing
writlenNoticelolheCity, in which event..!his contract shall thereafter become null.andvoid in all respect. .
6.IlIl..E
Seifer shall convey marketable ~.tott!e Property by Special Warranty. ()eed.subjaCl only to matters conlainediO
Par~9raph 7 and those otherwise accepted by Buyer. Otherwise title shall be Ireeol liens, easements and sncumbr8/1cesof
record or known 10 Seller, but subject to property taxes for the year of ~osing, II any; covenants, reslrictions and public utilily
easementS ot record; and no others; provided there exists atclo$ing no violation 01 the foregoing and none or them prevents.
Buyer's. intended use of the Property for inlill residential development cQnsislent with City of Clearwater Medium Density
Residential (MDR) zoning requirements, and in comptiance with requirement of Invitation For Bid 01-06.
7. TIT! F FVlnENCF
Buyer may,alBuyer expense and within 10 days prior tt> closing dale obtain a title insurance commitment issued by a
Aorlda licensed title insurer agreeing tofiens. encumbrances, exceptions or qual~icatlons set forth in tf'1is Conlract,and tf'108e
which shall be discharged by Seller. at or before clo&lng. Seller sha. convey marketable title subject only to Ii!lns,
encumbrances, exceptions orquaJilications set lath in Ihis Contract Marketable tlUe shad be determined al:C9rdin{J 10
applicable TItle Slandards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving
evidence of title to examine it If title is found defective, Buyer shaU, within 3 days thereafter, notify SeIer [n writing specifying
defect(s). If the defecl(S) render title unmarketable. Seller will have 120 days from receipt of notice within which to remove.lhe
defeCI(s), failing which Buyer shafl have tf'1e option of either accepmg the IiUe as it then Is or withdrawing from this Contract.
Seller will. iftille iSlQund unmarketable, make diligent effort to correct delecl(s) in titlEI within thetimeprovidedtheretore.
lflclu<ling the bringing 01 n~essary suits,
1
a.CERTAIN Ri~HTS RfOSERVED
As required by Seclion270.11, F:loti~~tlll\.!le$,th~SBllar reseflieS untO Its~al'ld .~~L1eCellSol'llan<lJrldlvid$dthree-fourths
(314) interest in, and tittoinaJ'1~lo~n Ui'lClJVidecl tl:1retfoUrth& (314) Interest in, aU tl1ephosphlite, minerals, and metals that are
or may be in, on or under the real proPElrt:ide~~ib~ herein, and an undivided one,.half (1 (2) interest in all the petroleum that
is or may be in, on, or under saidpropeny~ithi~ ~rivllegeto mlneand develop the same; If lhemal prQS)A~ halnD col)vaytill;l
MrAuooer iR If:lSs than 2p contlguolJs8~rA~l!IIplJ'l!'l~nt~ develqpad and/or there exl~ls future dllvelopmAllt plaM llndtl1ere is
little IikAlihnndof the DI"A!'l~nq~of llnl'ofthe I)'11nB(l'dRor patro/BUm conlllmplated by SP.ct1on 27011 Flnrlda$llltutesinlltl
~l.ICh iMtanr.Al; t~CitY expressly rAleasA,<ltnAlloove de!ll:rlhAd rVtIlI 8ll~r lletition for such mlease l!l ~cSdW
A~Ar.I~inn of this contmct
9. SURVFY
Buyer,at Buyers expense, within time allowed to .deliver evidence of litIe and to examine same. may have Aeal.Property
surveySdand certified to the Buyer,Seller and closing agent by a registered Florida land surveyor; .If .survey shows any
encr08chmenton Real Property, or thallmprovements located on Real Property encroach on setback fines,easements,I~~
or others, or violate any restrictions, contract covenants or applicablegovemmental regulation, thssltme shall constituteati*,
detect.
to,Cl nSINGPL ACEANO DATE
Buyer sllalldesignateclosingaganl andthiS,,"~sactionShall be cIoS$d in the QIIicespfthe~esignatedcloSingagenf in
PJneUas County, . Florida. on. or before. 60da~f()lIowlng ..the Effective Date, unl~sextendedbyother provisions ollhis
coniracllfeithar party isunabtetocompl~withan~provlslonol this contract wilhin thetlme.allowed, and be prepared. to close
as sel forth i\lbOVe, alter making all reasonableard(jilfQenl efforts to comply, then upon gi\lingwrittennotlce to the other party,
lime of closing may be extended up to 45 da}'lilWlthoutelfect upon any other tei'm, covenantor condition contained In this
cootract.
11. r.10!;ING DOCUMENT!;
~Uershl:llllurnishdeed,bill of sale. mechanic's lien affidavit, assignments of leilses, tenant and mortgage estoppel18lte!'s.
N9le.Mortgage and other instruments 01 security, and any corrective instrumentsasappli~IEltolhis transaction. BuyershaU
tUmist) clOSing statement.
12.r.ln!;IN~ FXPF;N!;F!;
State. documentary stamps required on th~rnort~~geanddeed. togelherwitl1 r9con;latl(il"loftrn:lrl1ortgage and deed shall be
paid by the Buyer: Seller shallpaythecosts'of~rdir'lganycorrective instruments.
13.~RnRATlnN~; CRfOOIT$
Ulhereshouldexist anYtaxe~.. a.l\S~srmlijtS. r~llH1d01her revenue specifiC to the ProPElrty,aIl of such eXP8Nlesand
ravenueShaUb9p.roratedth/"pughtl1edaYbato,..~10$k19.llthe amounl 01 taxes and assessments forlhecurrent.yearpannot
ba~rtainedl I"iltesfor If'Ie previous year shall be used with due allowance being made for improvements and exemptions.
Any deposilSheldbY Sellerlntrusl for third parties in occupancy 01 the Property shall be credited to Buyer at lims.of closing,
,A,ssElssmentsJor anY improvements that. are substantially complete at time of closing shall be paid in fuU by Seller.
t4.< PROPERTY n(')NnITION
$IlUer $hall deliver the Property to Buyer at time 01 cIo5ingln lts presenl "as is' cOndition. ordinary wear and tear excepted,
and shall maintain the landscaping and 9f'O.UIldsIn a comparable condilion. Seller makes no warranties other than ~~
disclosed herein and marketability oftille. Bum.r'scoVf!!lClnt to putchase tl1e Property "as is. is more specificaUy "'p~en!e<i
Ineithersubparagr~ph a. or b.as markeq[X]. .
a. [1As Is: Buyer has Inspected the Property or waives any right to Inspect and acc:eplS the Property in Its pre$eot"as Is"
condition.
b. [Xl As Is With Right of Inspection: Buyer may, at Buyer expense and within 25 days from Effective Date
("lnspeclionPerlod"), conduct inspections. tests, environmental and any other investigations 01 the Property Buyer
deems necElSsary to determine suitability lor 8uye(s intended use. Seller shall granl reasonable access to tl1e
ProPEl~ to Buyer, itsagenls, contractors and assigns for the purposes of conducllngtl1e inspectiol'is pro~,
however, tl1at all such persons enter the Property and conduct \he inspections and inves1!gations at their own risk.
Seller will. upon reasonable notice, provide utilities services as may be required lor Buyer's lnsp&l:tfQnsand
investigations. Buyer shilll not engage In any activity that could result in a mechanics lien beingflledagelnst the
Property witl10ut Seller's prior written consent. Buyer may terminate this contract by written notice to SeDer prior to
expiration of the. Inspection Period if the inspections and'or invesligalion~revealCQtlditions that are reasonably
unsatisfactory to Buyer, unless Seller elects 10 repair of oIherwiseremedy such conditions to Buyer satisfaction; II
this transaction does nalclose, Buyer agrees, at Buyer expense, to. repair all damages \0 the Property
resulting fromlhelnspectionsand investigations and retum the Propertytoitspr~tcoriditlon.
2
15;. SEll FR HEI nHARMrF~s
Buyer .agrees to indamnifyand hold harrnl9$s. the . SeUer withQut. timlt!tiOnfrOmlU\YlQsil$sidamag~icosts, lncl1Jdln!!
attomeys fees, claims of inJUI)I t~or rielltholMV person(s). any tIarnage to proparty(lf Buyer, or the Property, and fr()l1l and
aS1sinstany and every liabilltY~OanYpersQn a~~jng from Buyer conduct Of InspeCtions, investlgatkms.and any.othflrwprk
performed pursuant to Paragrap~ 9 andt4.~,
16, PROCEEDS Of: ~AI Ejel (,)!:,;I~G PRnr.Fnt IRE
Tne deed shall be recorded uporit'~(anCeOI'Und$. Proceeds of sale shall be hf)f~in escro/iby SeUer's attomlilyo~by
such other mutu;;ifyaoceptableeSl;rOWagent Jor a period of notiongel' than 5daysfr?mand aftercloslng, during whlph lI!nlil
eVidence 01 tilleshall be continuenjatBuyer's expense. to show tItJe In Bu~r, wi1h()(ltanyenClJm~rancesor change \'A\ich
would .renderSeller'stitle unrnarketablelrom the date of the last title evidence.I~,~l!Ullr's~tle fs rendered unmarketable
through no fault of .lhe Buyer. Buyer shan,~ithinthe5-day period, notify the Seller inwritingofth\i! defect and Seller shall have
30 days fromthEl dale 01 receiptofsuehn()tificatiQntoCi.lre the defect. If Seller fails to timeIYcure'thedelect,allfund$paldby
or on behallof the Buyer shall, uponwrltt9l'\~and made by Buyer and within 5 daynflerdemand, be returned 10 Buyer
andsimullatleolJSly with such reJ:)aymenl, BuyerShaU retumPersonaJty and vacate RealPropertyandreconvey It to.Seller~y
~pecial warrantydEl.;ld. ffBuyecfailslO make ,Imely demand lor relund,Buyer shall take title'asia", waMng aD rl9htsll9ainal
Sellelra~ 10 any lnlEllYeningdelecl elCCeptas may bElavallablelo Buyer by virtue. ofwarrantiescontajned in the deed Thff
e$910"~ anl:l~losing P<<:JCedure 'ff;flUlredbY"",,sproviSk)n may be waived if tllle agent insuresadverss matters pursuant t.o
!?eClion627.7841, F.S~(lsa7),8li amended.
17',OFFAIIIT
If Buyer failS 10 perform this comractwilhlnthe tlTl!i llPecilied (including payment 01 all deposit(s)), the~poslt(s) paid by
Buyer may beretain~d by or forthea(:Coul"lt~IS~llilfallagreed upon rlqlJidated damages, conalderationfor tt1eexeclJllon of
Ihiscontractand in. f!A1I settlement of 'lilnyc~irn$:Whereupon, Buyer and. Seller shall be relieved. of all obligations under this
contract; or Seller( aISelleroption,malproce.~dinequity to enforce Seiler's iight!lunderlhiscontract. If, forllf1)' rea~onothffr
thanlailure of Seller. 10 make Sslfer'stmEt~etabl$ after diigenteffort,Sellerlails,nSQlectsor . refuses to ~9rrTrthis
contract. the Buyer may seek specific: perlQrmsnce.or e1~ to receive the return of. Buyerdeposlt(S) Without .IhSreQywa,iving
any action for d;images. resultlng from S$lle(s br~ach.
18; .RAnoN GA~NOTlFlCATlON
flAOqN . GAS: Radon is.ll naturally Ol;curi'lng radioactive gas that, When it ha~a*cllfilulaled in a building
irt~uffici~nlquanlides; may present health rlsksto persons who are expoS9cltolt?ver time. Levels()f
radon that exceed lederal and state Qcuide1ines have been lOU'ld in buildings In Florida. Additional
information regardmgradon and radonlesting may be obtaiTed from your county public health unit.
19. CONTRACT NOT RFCORn~Au:;,p!;~filONS l!lOLlNO
Neither this contract nor any notjci!pl II shall tie recorded in any public records; This contract shall bind and inuriltothe
benelltofthe parties and theirsU(:C&S$of$: Ininlerest Whenever the context permits, singularshaU include plural and one
gander shall include all.
20. tlDI.1CE
All notiqesproviOOdfor herllinshall be deemed to have been duly given if and when deposiled ihthe United States Mail,
Pfoperlystampedand addressed to the respective party to be notified, irlc1udlnglhepartiesto thls conlact, the parties
atlo[r\ElYS' escrowagenl, inspectors, contractors and aU others who WIll in any way act at the behest of the parties to satisfy all
larmsand conditions of this contract
21, A~~IGNABlll"V' PFRSONS BOliN!)
This conlr~t Is assignable al Buyflr option, The terms "Buyer", 'SeIler', and "Broker" (if any) may be singUlar or plurl1l.
This Conlractls binding upon Buyer. Seller, and their successors. heirs and personal representatives.
22. ATTORNFV FEES' COSTS
In any Ii ligation arlsinQoul.ol this contract, the prevaJrlnQ party shall be entiUed 10 recover reasonable attomey'sfees and
costs.
23. No RROI(FR
SeUer and Buyer represent and. agree they have dealt with no . Broker orfindar in . connection.. wilhlhe . \nln,Sa9IionS
contemplated hereby. Seller and Buyer furthSf' agree 10 indemnify the other from any damage, liability or expense either may
suiter .asa result 01 any claim 01 a Broker or IInder witIl Whom it is determined thal.tt1e other party has dealt. with In
contravention of this agreemenl; except, however, thai kltal Cityobllgatlons under this provision shall besUbjecUo the limitS
.."d restrictions of the Florida sovereign immunity stalule, F,S. 768.,28.
24. TVPFWRITTFN OR HANDWRITTt;N PROVlSION~
Typewritten Or handwritten prov~j(]nsshall COI1trol all printed provisions 01 contractinconllict with therri.
3
25. !;J:I=F=CT OJ: PARTIAIIIiIVAIIOITV
The invalidity OI!lllypro"i~l~h~fthjll?OIlI!~~tWinrl(llandShall.not be deemed to effectthe\lalldi!YotanY9lh$t~r9"isiOn.111
theaVent thatsny provis~!'lpfJhjscontr~ctlsheld lobe invaiid. the parties agree thai the remaining provi$ions Shallb~
dl'1Bmed 10 be infutl forcs al'1<J..ftlf~la.slflh8Y had bean executed by both ~rties subsequent 10 the ~xpungem8mofthEl
irWalid provision.
26. GOVF=RNING t AW
Iris agreed by and between the Pa~li~~~1'~9that this contract shaH be gO\lernedby, construed,andanforced in
accordance with the laws of the State of FloriQa;
27.CntINTF"RPARTS; F=ACSIMIlI=. c(')P"t
Thiscontracl may be executedif'l~1)9rfl'l()re~Linterplllt&, each of which shan bedeemedanorigioaland a/lpfWh~h
togelher shall .constitute one. instr"\lli)~h.~ facsimile copy 01 this contract,includinganyaddendUrn, altachmlHll$ .aI1dlillY
written mO(lificalions hereof, and BI'1y./riftia,lspr $ignalurlil thereon shall be deemed an originaL
28.SPFCIAl CI AIlSFS
r ..l NOlapplica.ble,OB:I) An AddenduiTl containing special clau$eslhatC?n$tituteagrQelTls~~andcovenantsbelw8ef:l
lheparties is attached toandanlnt~ralpa~O'tIlisCOl'ltract and without.rurthElrlll:;~~oWfedSmantilitconfirmed and accepted
by the parties. When any specialclallsE!I In ttj~A.ddendum is in conflict with anY provislQ!'lcCl1tained elsewhere in . thjscpnlr~CI!
lhenthespectal clauseshaUgQvern, .
2St.. MERGFR BV DEED
A.I!c()vElna~l$, warranties. and repre$ll(It~tiori~coot~ined herein shall mergeyJl'tjl/l8 <!9~at~mElotclosing. llPC!fj
~~liVll'ryAfdE!edbylheCity. andacceptanpelhElreQ(bySuyer, the Buyer shan holdtheCily{9'fElVElrha~Sll thereafter.
3C!.> I';NTIR~ AGREEMFNT
U~QneX~uiionby Seller and Buyer, thjs>cp~traClsha. COnstitute the entlre,,"~i#Mel'l(beo/'eenthe parties,shall
SUPE!rsedeany.and all priorandcontsmpors.l'\EIQ!;Ill>~ittan and oral promises.. represeol$tlonsorcon(litiol'l. in respect thereto.
All prior negOlialfons,agreemlHll$'":lernorandaa.ndwritings shall be. merged herlillit/l.tiYChanges.lobe made In this
agr:ell'mentshall only be valid\yh~r\. ~r~edin wrili!'lg, acknoWledged by .the partiesandincorporaled herein or attached
"erelo. ..
THIS IS INTENDEDTOBl$~~e~Au..YBINDlNG CONTRACT.1FNOlFUL.lY UNDERSTOOD,
t)EEKTHE AOVIC~OF AIiI~I:'~~9PRI,4.TEPROFESSIONAL FOR LEGAJ."TAX,ENVIRONMENTAJ.
/l.ND OTHERSPECIAqZe:D,AQVICE PRfOR TO SlGNING.
Date;
{2 . lq ,
,~~
Buyer:
4.~............'.....................'............................~
holf
~"':--_....,-.."'~:........---:-'~'..'......~....:--............_.;............_-_._--...-_....._..__.._-_........._.-..........._'"'.~--:---..~:o<,..'"'joO'"!'~~.;.............~,j;,......;.~.__~..,.........._;..:
APPROVED AND ACCEPTED THI$.'----'--'~yol
,2006.
Countersigned:
Seller:
C1TVQFClEAAWA,TSl=l, FLORIQA
Frank V. Hibbard, Mayor
By:
WllUam B. Home, II, Cily Manager
Approved as 10 fonn:
ATTEST:
Laura Lipowskl,Assislant City Attorney
Cynthia E. Goudeau, Ci!Y Clerk
4
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FYI AGENDA ITEM #1824 - LOCATOR MAP
VACANT PARCEL- 501 PENNSYLVANIA AVENUE
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City Council
Agend~..C~ver Memorandum_,,~",
Tracking Number: 1,794
Actual Date: 02/02/2006
Subject / Recommendation:
Accept a Fire Hydrant and Utility Easement containing 4,737 square feet, more or less, over and
across a portion of a tract of land lying in the Southeast V4 of Section 19, Township 29 South,
Range 16 East, conveyed by Highland Properties Gulfcoast, Ltd., a Florida limited partnership, in
consideration of receipt of $1.00 and the benefits to be derived therefrom.
Summary:
Highland Properties Gulfcoast, Ltd. ("Grantor") has leased property it owns at 18940 U. S.
Highway 19 North to Crown Eurocars, Inc. ("lessee") for redevelopment as a new Audi
automobile dealership.
Construction of the new showroom and service facility required installation of two fire hydrants,
one along the northerly boundary and one near the property's south boundary.
The subject easement conveyance grants the City perpetual authority to maintain and replace
the referenced hydrants and appurtenant facilities.
The Lessee has consented to and joined with the Grantor in granting the easement, and has
subordinated its lease estate to the conveyance.
A copy of the easement documentation is available for review in the Office of Official Records
and Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearin9: No
Financial Information:
Review Approval
Michael Quillen
01-17-2006
13:29:30
Garrv Brumback
01-19-2006
13:22:44
Laura Lioowski
01-19-2006
10:29:37
Bill Horne
01-20-2006
14: 14:48
Cvndie Goudeau
01-20-2006
14:30: 12
"''I<t!'_"""""",,,,~_,''~''",W>i''''!>1''~__;~i'!~~*'I~~~_...-,,,,~,,.I.~J$
;.~~'~_I...... City Council
::~.
~.~.i ..____,_ A9.enda,~r Memorandum"",..."~,__~,,....~ ~_
tJ0En- ~
\\.S
Tracking Number: 1,860
Actual Date: 02/02/2006
Subject / Recommendation:
Accept a Water Main & Utility Easement containing 1679 square feet, more or less, over and
across a portion of Lots 1 & 2, Block A, BAYSIDE SUB. NO.5, conveyed by Dalton Clearwater,
LLC, a Florida limited liability company, in consideration of receipt of $1.00 and the benefits to
be derived therefrom.
Summary:
Dalton Clearwater, LLC ("Grantor") is the developer of the new 55-unit Harborview Grande
condominium at 530 South Gulfview Boulevard.
In compliance with a condition of site plan approval, Grantor has conveyed the subject easement
giving the City perpetual authority to maintain and replace as necessary a 16-inch water pipe
that crosses a portion of the condominium property just northerly of the South Gulfview
Boulevard right-of-way line.
The easement to the City contains the correct legal description. The Consent to Easement given
by Wachovia Bank and the Grantor's Affidavit of No Liens has had a minor scrivener's error
corrected with the written consent and permission of the respective signatories.
A copy of the easement documentation is available for review in the Office of Official Records
and Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Michael Quillen 01-17-2006 13:23:58
Garrv Brumback 01-19-2006 13:25:48
Laura Lioowski 01-19-2006 09: 19: 15
Bill Horne 01-20-2006 14: 14: 13
Cyndie Goudeau 01-20-2006 14:30:50
(Z.Q: wGt~6..............-
Helurnlb:
EMIBarreu
Eflglnee riflgOepl;irtmenl
qityof qlElarWal~r
P,Q,Box4748
Clearwatet, H 33758-4748
Parcel J. D, NO. 17 .29~1 S~O$004"OO1.001 0
W~"ER MAIN & UTlUTY EASEME
FOR. AND I~CONSIDeRATIONOf Ihe sum of One Dollar(Sl.00) inhandpaidto them,. the rec!'liptof
whjc~l$hereby.acknowledged,andthe benefits to be derived therefrom, Dalton Clearwat.,r.,LLC, a Elorida
IimltQc:l Hatlllitycorrlpany.2840 West Bay Drive, Suite 135, Belleair Bluffs,Rericla 33nO-2620 (~Grantor")doe~
herebygrantandCAnvay to the CITV OF CLEARWATER, FLORIDA, a Florida MunicIpal Corporati(ln("Grafltee..).
aryo!1"exclus\ve, limIted purpose easement over. under and across the (ollowingdescribed land lying and being:
sltuatein.thl:;t Coun\yofPinellas, State of Rorida. to wit:
AWA'reFtMAlNANDUTILITIES EASEMENT to encumber a 1679 square foot portionofl.ots1and
2. Block A; SA YSIOESUBDIVtSION NO.5. accordlna to the plat thereof as recorded In Plat Baak98. . Paqes
38 & 39. Public Records .OfPinellasCnuntY1F1orlda. as mar.speclficallV described and .depfctedJn
EXHIBIT "A" appended heretoandaDsrt hereof ("Easement Premises")
This easement is forwater>mainandutiUty installation and maintenancaonlY. The CITY OF
CLEARWATER, FLORIDA,. shaH have . thEil. right.tQ.. entsr upon lheabove-described premises.. t()~on~lruct,inst~lI
andnlainteinlllereinwater lines. af1dfapHities~and to inspect and altersuchstormwater n"esandfaCilitiElsfrom
tjmatotime.~ranteeshall be solely responsible for obtaining all governmental and reguIEltoryperrnits'r~quirefJ.()
exerclse,therlghts.granted herein.
TheCITVOFCLEARWATER~ FLORIDA covenants and agrees with GrantorthatJt~haJlm~hita.ih
reasonable access to Grantor's facilities at all times during the ex~ci$eJ)1 rightsgrantep h6rl:;tinfor Gral'lt?r~l:1~
the general public, and thai it shall promptly restore the Easement Premises and ~nyarf~ot~fJa,eassurr()unc1in~
the Easement Premises upon completion of any project undertaken in the.exeroi~El()fth!:lSa.rightst9a.t.l~tllth~
same quarrty of condition thai existed as of the date Grantee first exarclsed anY.Qf Us rights hereul"I~ElJ~ Ui~
expressly understood that Grantor reserves all rights of ownershlpofth.eeasement prlil'mises not lnconsist~nt~~
the easement rights granted herein. Grantee further represents~n.qwarrantsthatit. shall(1iligentlypurslJ~t~~
completion of all work related to this project and complete all matter in a timely manner,
Grantor warrants and covenants with Grantee that it is the owner of lee simple title to the herein de$cribed
easement premises,and that Grantor has full right and lawful authority to grant and convey this easement to
Grantee, and thai Grantee shall have the non~exclusive, limited purpose quiet and peaceful possession. uSl:;tand
enjoyment of thiseasemenl.
Grantee, to the extent permitted by applicable law, agrees to indemnify and held harmless Grantor from
and against any and all claims, demands. actions, judgments, injuries, damages. costs andexpenses,inOIl,.ldlrlQ
attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents an<:lIorinviteesuse()r
occupation of the eas.ementpremises, However. nothing contained herein shall be construed to waive or modify
the provisions of Florida Statule.7f)8.28or thedoctrine of sovereign Immunity as to any party hereto. lnaddftlon;
nothing contained herein Shall be construed as consent by the Grantee to be sued by third parties in any manner
arising from this grant of easement,or as a waiver of sovereign immunity.
u:\eusementsIDAL TONCLWWM &UeAS12os;00c
I
In the event Grantor, itssUetess()nsor assigns, ShOuld everdetermlneltnecess.arytoreloca~UlIil!~tillty
9O~~truC1ed within the easementp:telYliseSto facllitate further deveIOp:rnentorredeveJopmentoftheprcpert.y
encumbered hereby: then Grantor, its$!-iocessors or assigns, in consultllltion with and upon reasonable approval of
Grantee,
Pag~2- Water Msin & Utility BJsement
GrclOtor:Oalton CleafWater. llC
Grantee:. efty of Clearwater
RI2:Lot 1 t Blk, A, BAYSIOE SUB NO.5
shall provide analtemateealiiemefltfoftfJeCOn$b1.1cted utility, and shall at its soJecoatan<iexpenserecof1strvqt
the utility. within thealternateeasemQt1~. ....llpon completion of the utility reloeation Grantee ..shall...C8use . this
easement tobevacatedandeviden~ofvacatiOn dUly recorded in the public records of Pim!llasC(:l1Jnty, FlOrida.
Gr~mtOr.<~!1all. hold harmle$$anql~demnifyGrantee if the Grantors secured mo~ee,WactLovia~arlk.
Natlonal.Associatlon, shoUld fail.to. timely consent to. and join with Grantor In conveyance. of easementdesCtl~
hereln,andfuMersubordinate Its right, title and Interestthereinto said easement
Thiseasernentisbinding upon the Grantor, the Grantee. their heirs, successors aodsSsigns, ThenghtS.
grantedhereinsh8l1.be non-exclusive. limited in purpose and irrevocable (subj~tothe termincttlon Pf~ory~
pro\lid~.forh~f~inabovel and shall run with the land, except by the written mutual agreement of bOth<parti$~kor
byaban~onmElntofthe' eaS8mElnt premises by Grantee_
,.A IN WITNESS WHEREOF,thCit undersigned grantor has caused these prE*ientstobedulyexeCtJte<I this
? if.. day of -"Q e~~A. ..~~OOiL. .
:signed. .~eClledand deliye~ .
inth~ presen~ of;
#r~ "b · ~-----
Wi NESS signature
&.l-e'7> ' t1.~*"'/
Print Witness.Name
l~1 J'h,u'ka-t.J
WITNESS Sig~.
f'1fA..r~ 1fl.4'!.-' . fl ~ I"Q. rI
Print Witness Name
DALTON CLEARWATER, LLC,
a Florida limited liability company
By: SIMDAG INVESTMENTS.LLC,
By~llablUlya"np;>t)Y
Pnntname .. ~- (yOlt'S
Managing Member
STATE OF FLORIDA
COUNTY OF P1NElLAS
:ae
Before me, the undeJ$igned.authority, personally appeared j
Managing Member of Simdag Investments LLC, a Florida limited liability company, Managing Member of Dalton
Clearwater, LlC, a Florida limited liability company, who executed the foregoing instrument onlhe aforementioned
::'. and who acknowledged th~e execution thereof to be his free act and deed far he use and purposes herein set
_ A""",- ~ .. .. .... - Mcommlssion expires:
Notar/'PCblic - State 0 Florida AL&IM D. COWAN.
TY~~~~:/} .C,..,,w ; .. ...=~:=:..
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t.~G.AL DES~Iq~
tt1'ILITY EASEMENT
COMMENCE .../t't... WffltSOtlTHWEST CORNEl\ OJl'L()T l~BLOClC 04"
BA YSmE$Ua~lV1s~()N)if(l..S AS RECORDED INPLATQOOl(:3~.PAGE 38,
PUBLIC RECqItJ)S()FPlNI~AS COUNTY, FLO,lUD~ SAmC()RNER ALSO
BElNGTHE~IN'fOF8E(nNNING. THENCE N. U'3S~.8"E;AI.ONGTIfE
WESTERLY~INEO)rSJ\lI)LOT 1,BWCK ~ BAYSmESUBDIVlSlON" NO.S
A DISTANCE OF~O,I}Dn:ET; THENCE S. 51' 55'31" E, A DISTANCE OF
147,10 FEETTpT1lE:NORnmRLYRIGHT-oF~WAY LINE OF GULFVIEW
BOULEVARD. THENCE ALONG SAID RIGlIT-OF-WA Y LINE BY A CURVE
'f0 THE RIGHT HAVIN(6 A RADIUS OF 674.16 FEET. CHORD BEARING OF
N...60.23' 44" W.. CHORD DISTANCE OF 140.00 FEET; RUN ALONG THE ARC
OFSAlD c:tJRVE 140.~FEET TO THE POINT OF BE(;INNING.
CONTAJNING1679 SQ. Fr. MORE OR LESS.
EXHIBIT "A"
PAGE 1 OF 1
PREPARED BY
1.. R. PENNY AND ASSOC., INC.
DATE: U-19~10OS
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Retum.lo:
E~rt Barrett
Engineering. Department
,City 0' Clearwater
P,O.Box4748
Clearwater,.. Fl. 3337584748
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RE: Parcel.. No. .17 ~29-15-05004-001.oo1 0
II CONSENT TO EASEMENT & SUBORDINATION OF INTEREST II
f-!
:z: THE UND~$IG~~D.belflgduIYClUthOrlZed on behalf of the owner of a 1ienonor secured
~ lnt~estin the fOllowing oeSQrlbeCfprerrnses:
z:
g Lo11~/Efr:c<t k,oSA.fSIDESUB.DIVIS10N NO. 5,according to the map or pl.t
thereof as recorded In Plat Book 38, Pages 38 & 39, Public Records of Pinelhl~
County,Florida,
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~sajd Jlenbeing evidenced by that certain Mortgage and Security Agreement and other instruments()fs~curjw
~ dateci March 15, 2004 given by DALTON CLEARWATER, LLC, a F10ridalimited liability company
tJ ("Mortgagor') in favor of WACHOVIA BANK, a national banking association organiz~ and~f<istingunderthe
~ la~st::lftheUnjtedStates of America (NMortgagee~). as recorded in Official Records Bppk 13436, Pages 1585
~ -1e.o~' Public Records of . PinenasiGpunty, Florida, and that certCiin Second Mortgage and .. Security
tJ A~r~lT1ent and other lnstfl.lrn~.n~ c:>f. ~~rl.tydaled November 15,2004,a5 recorded in OfficiaL Records
~. Book 13967, Pages 118l......11~t.PyQli~8eC?rds of PlneUas County. Florida, . also given in favor of said
.~ Mortgagee, does herebyc99~.l'l~tAandJoinSirrthegrant and encumbrance of that certain Water Main &
=: U~lity EasementoveranCl~q~s.safdnealproperty as depicted in EXHIBIT "An append~..h.eretO.said
Io;:l e~sementbeing datedth(#:~ d.el~9f2>.ecem 6eot. 2005 given byMortgagwtotheCrrX
= pFCLEARW ATER. FLORIDA,s Florida Municipal Corporation. Mortgagee does herebyfUrthersubordinat~
z its above described lien interest and all of the right, tiUe. interest and daimtheret.lnto~ruing h"lsaid
~. premises to said easement grant and thedrafnage utilities to be constructed therein.
~ ~ =~s W~~~~~~nder$igned has ca""odlheo<ll'fOSen.lllt~be signed thiS.~d.Y
Signed,sealedand delivered
in the presence of;
WACHOVIABANK.NA.tIONAt. ASSOCIATION
By:
!U ~ cl )71 ~..~
Print name IC 4'11 A c) ,/Vl '-".).~
Title ji f
Ct\temp\notcsA6A1AA\DA1.TON C1.W t.LC "''101<< tTrIL SUBORD 1205 t--)--06.doc
ACKNOWLEDGMENT:
E;)Sp.mp.;nt Crln~ent 8. $Hb()rdlna~IQq
~.lqtl.Blk.A,BAYS'DeSV~f\JPi$
Qranl(lr:Qalton Clearwater. LLC
$rantee,: C.tyofCI~rwater, FI.
Counly.of.Hlllsborough
:ss
Stale of Florida:
-!,~RlOM~. U1.~hQ"~rw~'~~~on~~1~,~.g \~:~~
\3~~cuteolhEl for-egoinginstrum~l1t on behalf 'Of said bank, wh'O acknowledged theex.ecuUon thereqf to . b~
~___ freesct.a{ld deed for U1e.u.ses and purposes described therein. and who [ ..1 is. personallyknownt()~
QfwHo [ ldldprovide~~ as identitiCCltion;
~v~~.~~
~D\s,()L. '10('T'\.~ . Notary Public
PrintName
My Commission~~pires:
FIOBI~ L YOI8
.. _ MVCOMM~'OD~
. : EXPIRES: ~,g.~
1la'ad 111II "'*' N1k1hllrllllilrl
C:\temp\notesA6A1AA\DAL'rON.Cr,WJ;1.C ...li'M" tITtb SUBORD 1:105 h3-0.6.doc
AFFilDAVIT OF NO LIENS
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STATE OF FLORJDA
COUNTY OF PINELLAS
:ss
BEFORE ME, the undersigned authority, personaUyappeared
Rc~;;a.TE I .(Y{)I>J~.. .,.. . ,,' Managing Me!,"ber OfSimdag
Investm~nts, tLG..~"Flonda'hfTlited liability company, Managing Member of
paltonClearw~tE)",t..LC,a rlC)ri~alimited liability company, whom, being firstc;iuly
sworn, de>es d~pQ$e an(Jsay;
1. That Dahon Clearwater, LLC is the owner of legal and equitabletitletoJht!
following described property inPinellas County, Florida, towit:
* and Lot 2
Lot 1{ Block A, BAYSIDE SUB NO.5, according to the mape>>r.plat
thereof as recorded In Plat Book 38, Pages 38 &39, Public Recol'd$
of Pine lias County, Florida.
3. That there has been no labor performed or materials furnished on said
propertyfo!yv'hiR~there~reunpaid bills for labor or materials againstsaiQ
property, otherthattl)osewhich will be paid during the normal course of
busjnes$te)(oep~:{li$torjf.,one, insert "NONE")
NDf\Jt=:'
4, That there are no liens or encumbrances of any nature affectingthe.ti~of
the property herein described, except easements and restrictiOns ..of
record, any encroachments, overlaps or other rights of third parties which
would be shown by. a current survey, and:
The ~ncurnbrar~lUel1and obligations imposed by that certainMQrtgage
& security Agreement dated March 15. 2004 given in favor of Wachovia
Bank, National Association (hereafter, 'Wachovia") as recorded in O. R.
Book 13436, Pages 1585 - 1608, Public Records of Pinellas County,
Florida, and that Second Mortgage & Security Agreement dated
November 15, 2004 also given in favor of Wachovia,as recorded in O. R.
Book 13967, Pages 1181 - 1191, Public Records of Pinellas County,
Florida.
5. That no written notice has been received for any public hearing regarding
assessments for improvements by anygovemment, and there are no
unpaid aSsessments against the above described property for
#F: QallQn CIw U.C.1205,~
Page 1012
improvement$ .ther~tobY any govertlR1ent,wneth~rotnotScaid
assessment$ .appearof record,
6. That there:. are nqOl.lt~tanding sewer servicecnarges or assessment$
payable toany.govemment
7. That therepr~$en~~~()p$ embraced herein have been requested by the
CITY OF Cl..EARWATER. its agents. successors and assigns to rely
thereoninconn~c.ti9hwith the granting of a water main and utility
easement to encumber the above-described property.
Signed, sealed and delivered
lnthe presence of:
~~7J ~-
WI NESl:; signature
.4 {..,~N b. &...J~
Print Witness Name
DALTON CLEARWATER, LLC.
a Florida limited liability company
/~/~
WITNESS.. ..Signaturesj;.
f"i,.. t'i J 4!..tz" P ,:::., i. M c::t. N
Print Witness Name
By: SIMDAG INVESTMENTS, LtC.
a Florid. limited liability company
By. '~'
Print Name ~lyD6
Managing Member
STATE OF FLORJDA
COUNTY. OF PINELLAS
:88
Theforegoihgl~strume.otwas acknowledged before methis d.;idJ....dayof
7>OL..~.gQO~by ...t?~0l"'" E. LvtJA.J c;... . .. . ManaginQ
Memper of Simqag .lnv~stml1)ntsJ LLC. a Florida limited liability company,
Managing Memberof.Daltor-ClealW8ter, LLC. a Florida limited liability compc:IflY,
WOo executed theforegQinginstrument on behalf of said entity ,and who
acknowlEKigedtheexecutionthereof to be his free act and deed for the uses and
purposes therein expressed.
NiJ~~ ~~
Nota Public - State . Florida
R II CJ1 D ~ wa.rJ
TypelPrint Name
m Personally Known
[ ] Produced Identification
Type of Identification Produced
My Commission Expires:
["-'
;fiiND:COWAH............ '
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AFF: Calton CIw LLC1205.doc
Page 2 of2
~-~
\ \.lP
~~J ~~d~~e~i~emorand~
Tracking Number: 1,822
Actual Date: 02/02/2006
Subject / Recommendation:
Award a contract to Accelerated Technology Laboratories, Inc., (ATL) of West End, NC in the
amount of $104,483.75 in response to the City of Clearwater Water Pollution Control
Laboratory's Request for Qualifications #31-05 including the purchase of one Sample Master Pro
Laboratory Information Management System (UMS) and award a purchase order to McKim &
Creed (EOR) in the amount of $32,200.00 to provide UMS software installation support and that
the appropriate officials be authorized to execute same.
Summary:
The City of Clearwater's Consolidated Laboratory is located adjacent to the Marshall Street
Advanced Water Pollution Control Facility on Harbor Drive in Clearwater. The Lab is responsible
for recording precise measurements in a wide variety of applications for reporting compliance
with permit constraints, local, state and federal regulations applicable to the City owning and
operating both potable water transmission and distribution systems, collecting, treating and
discharging treated wastewater, and operating a re-use system for irrigation uses (reclaimed
water).
To increase the level of accuracy and efficiency at the lab, it has been determined that a
Laboratory Information Management System (UMS) should be purchased and installed.
The City advertised a Request for Qualifications (#31-05) to product vendors specializing in
Laboratory Information Management Systems July 25th, 2005 and received two responses
August 26th, 2005. A selection committee reviewed the submittals and recommends award to
Accelerated Technology Laboratories, Inc. by virtue of a higher graded submittal.
McKim & Creed is one of the City's Engineer-of-Record and will provide professional services
assisting staff and ATL with the UMS installation on a new server. McKim & Creed will also be
tasked with assuring compatibility with the City's existing system components and configured to
communicate with the City's Supervisory Control and Data Acquisition (SCADA) server.
Sufficient budget and revenue in the amount of $45,283.75 are available in 0315-96645,
Laboratory Upgrade and $91,400.00 are available in the 02 Water and Sewer Construction Fund
project 0343-96645, Laboratory Upgrade. A first quarter amendment will transfer $91,400 of
revenue and budget for 02 Water and Sewer Construction bond proceeds from 0343-96685,
WPC Master Plan III.
A copy of the RFQ and contract documents is available for review in the Official Records and
Legislative Services office.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: No
~&~ater
u~
City Council
Afjenda Cover Memorandum
Financial Information:
Type: Capital Expenditure
Bid Required? Yes
Bid Numbers: RFQ 31-05
In Current Year Budget?
Yes
Budget Adjustment:
Yes
Budget Adiustment Comments:
see summary section
Current Year Cost:
$136,683.75
Total Cost:
$136,683.75
Appropriation Code(s)
0343-96645-564300-535-000
0343-96645-552500-535-000
0343-96645-565400-535-000
0315-96645-565400-535-000
0315-96645-561300-535-000
Review Approval
Glen Bahnick
Brvan Ruff
Garry Brumback
Michael Ouillen
Georae McKibben
Bill Horne
Tina Wilson
Amount
$77,155.00
$2,995.00
$11,250.00
$13,083.75
$32,200.00
Comments
see summary section
see summary section
see summary section
see summary section
see summary section
12-20-2005 09:32:00
12-21-2005 12: 12:21
01-23-2006 09:55:49
12-21-2005 10:29:39
01-12-2006 11:37:08
01-23-2006 16:04:37
12-21-2005 10:41 :00
~l-.
Cyndie Goudeau
City Council
Agenda Cover Memorandum
01-24-2006
__I>Ioi<itlll"~____.~_,,,__m~
08:04:34
Nt: ~-L.\
~: \.\.CD
CONTRACT
This CONTRACT made and entered into this _ day of ,2006 by and between the
City of Clearwater, Florida, a mwricipal corporation, hereinafter designated as the "City", and
Accelerated Technolol!V Laboratories. Inc., of the City of West End. County of Moore and State of
North Carolina, hereinafter designated as the "Contractor".
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
. WITNESSETH:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost. and expense perform all labor, furnish all materials, tools and equipment for the
following:
Supply and install a Laboratory Information Management System (LIMS) in accordance with
the terms and conditions included in the City of Clearwater Request For QuaUfications #31-05
for $104,483.75.. This includes the base price items ($101,488.75) plus an optional item
($2,995.00). .
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings ifany, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
IftheContractor should fail to comply with any of the tenos, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER mIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
LJMSContract.doc
Page 1
Revised: 12/05/05
CONTRACT
(2)
OR EMPLOYEES RESULTING FROM ACTMTIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time . stipulated
herein, .it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of 51.000.00 oer day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of 51.000.00 oer
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this .contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adeqUate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City~ If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
LIMSContractdoc
Page 2
Revised: 12/05/05
CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:
William B. Home, IT
City Manager
(Seal)
Attest:
Countersigned:
Cynthia E. Goudeau,
City Clerk
By:
Frank Hibbard,
Mayor-Councilmember
Approved as to form and
legal sufficiency:
Bryan D.Ruff
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
(Contractor)
By:
(SEAL)
(The person slgnmg shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
LlMSContract.doc
Page 3
Revised: 12/05/05
CONTRACTOR'S AFF1DA VIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the
(TITLE)
. a Florida Corporation, with its principal place
(herein, the "Contractor").
of
of business located at
That the Contractor was the general contractor under a contract executed on the day of
, 2006, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, . and that the Contractor was to perform the construction of:
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me
AFFIANT
This ~ day of
.2006.
BY:
. NOTARY PUBLIC
PRESIDENT
My Commission Expires:
LIMSContract.doc
Page 4
Revised: .12105/05
('
APPENDIX "An
AFFADA vrr
NON-COLLUSION CLAUSE
BID FORM
L1MS-RFQ.".13.05.doc
Page 28
Revised: 7125/2005
NON-COLLUSION AFFIDAVIT
tJC!..
STATE OF PI OIUDA )
. COUNTYOF~MP~ )
by; cn,.,',s-IJ'r)e Po.sz.ko being, first duly sworn, deposes and says that he is
V' c.e P/l81DEAlf of A-~l.Ft.eI"MlTSt) -rEt:JWQJ:Jfi,'j LA8ae.A7b~es.. 2JVc.
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder
on the Same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or
indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from
bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to
fIx any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
cOntract; and that all statements contaiJ1ed in said proposal or bid are bue; and further, that such bidder
has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data
relative thereto to any association or to any member or agent thereof.
(~
Sworn to and subscribed before me this ~ day of flu ~_U) _H
, 2005.
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Notary Public
...
LIMS-RFQ.7 .13-05 .doc
Revised: 712512005
BID FORM
PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
SAMPLE. 1\.iAS1Ui) ;?,(o LI/tI1l ( L~go,lA70q :rJJ~~l1rW MI1AJI46EN1EAJT
.s)lS1EtYl~ I/JSf'RjJMfNT .IJJre&RATlo)J (q litst.......I>J Rl}"eb P.4LIt'1 u/J IT tAl,."'" AJJ
'IJ1D6J!A.7fil) SCNJNefl.J P.escJL.T Pot/llT' we8 ~. cw~.sil5 :oJS1Ir.lAnOJJ. 7AAINIAl6 AND ATLGoLt) S&.JII~
and doing such other work incidental thereto, all in accordance with the contract documents, marked
SA"2fLE JIM.sn:~i) I.Aes;:Ju.Tbfl.Y ':DJ~A17(JJJ ~SMEAlT ,SJr.J7eM FOA ntE
Dry OF rJ r:.d4.wA7F12. \A.lA~ Pou....U71OAJ
t1D~TflDL LAdli$"/DIl.'I - REli>U6ST"
.
FDA.. tfJU4LIFiU1T1QJ.)S #,3/- OS
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract
without a certificate from the Finance Director that funds are available to cover the cost of the work to
be done, or without the approval of the City Attorney as to the fonn and legality of the contract and all
the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is
hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefully examined the
Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications,
General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such
investigation as is necessary to detennine the character and extent of the work and he proposes and
agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the fonn.
of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or
. apparabJs, do all the work required to complete the contract within the time mentioned in the General
Conditions and according to the requirements of the City of Clearwater, Florida, as herein and
hereinafter set forth, and furnish the required surety bonds for the following prices to wit:
UMS-RFQ-7 -13-05 .doc
Page 31
Revised: 712512005
PROPOSAL
(2)
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satislBetory contract as stated in the Advertisement herein attached, then the City may,
at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to
become the property of the City of Clemwater, Florida, and the full amount of said check s~ll be
retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the
City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this
Proposal; or the amount of said check, shall be returned to the undersigned as specified herein.
Attached hereto is a bond or certified check qn Au jllr f 2 2, 2OC~J ~
Firs,f Bank, for the sum of /61 -fhoUSti.t1 J.
oneJ,l.JY1tkeJ O4I1J ~u -e/ It! dolla,s ,"8 ro ($/~ Itff. 88 )
(being a minimum of 10% ofContracto s total bid amount).
The fulJ names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. Iffirm or partnership, the
names and addresses of the members or partners. The Bidder shall list not only his name but also the
name of any person with whom bidder has any type of agreement whereby such person's improvements,
enrichment, employment or possible benefit, whether sub-contractor, materiabnan, agent, supplier, or
employer is contingent upon the award of the contract to the bidder),
NAMES:
/t4,.. '})opAt./J KoWA . P.E:) MCP
M r: Th~M4.S ,(,te.Lur1
ADDRESSES:
(~lJfJoJT)
( 5Etn.E~/l.t)
/2",3 saiWU'll.etu.~ Or.iJc. . ~ L~~ 1Jc. 2.:r.37&
I/O Gr6lfl1 S~L~ ~ LAkt'.\ Ale.. 27J7l.
. . S~OfB~da:~r
. L
(The bidder must indicate whether~~PartnershiP, Company or Individuai).
LlMS-RFQ- 7 -i3-0S.doc
. Page 32
Revised: 712512005
PROPOSAL
(3)
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice-President, he must, by
. affidavit, show his authority, to bind the corporation.
By: ~ Ilr. C/IflJs_ MSz,to Title: ~I<E PflE,s/ /J&VT
Busi~ess Address of Bidder: 49~ tJou..'I clt.oVE SC#1QDL. ~O.A~
City and State: WEsr ENtJJ AU;..
Zip Code 1.7371;:,
Dated at
1/.'00 Am
,this ~~nd day of
Iru.JLl.S t
, A.D., 2005
L1MS-RFQ-7 -13-0S.doc
Page 33
Revised: 7f2Sl2OO5
CITY OF CLEARWATER
ADDERDUII SHEET
PROJECT:
Acknowledgment is hereby made of the following addenda received since issuance of Plans and
Specifications.
V"e PA;:sItIlYJr
(Title of Officer)
~/~/oS
(Date)
LIMS-RFQ-7-13-05.doc
Revised: 712.512005
F. Proposal Fee Sheet. (Appendix B)
BIDDER'S PROPOSAL
PROJECT: Laboratory Information Management Svstem (UMS)
ITEM
NO. DESCRIPTION
EST.
UNIT
UNIT
OTY.
PRICE
TOTAL
001 LIMS DeVeLOPMENT AND
DELIVERY COMPLETE
Sample MasterGll Pro LIMS Enterprise (SQL Server) Modules:
1. Sample Tracking
2. Data Entry
3. Sample Scheduling
4. QA/QC
5. Electronic Data Transfer
6. Chemical Inventory
7. Resource Management
8. Maintenance Modul.e**
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
$19,9SS.00* $19,955.00* I
$19,9SS.00 $19,955.00 ..,
,
$8,725.00 $8,725.00 ..;;
$12,415.00 $12,415.00 ~ i
$8,725.00 $8,725.00 ~.
$8,725.00 $8,725.00 k'
$8,725.00 $8,725.00 ..,
No Charge No Charge
$43,612.S0 -$43,612.50 '1
$43.612.50 .43.612.50
S-user concurrent user license discount
(Section lA. In the SCQDe of Work - Daae 1\
I LIMS Software cost with 5 concurrent user aDDlled:
Sample Master@ Pro UMS Result Point (web portal) .
(Section 4.0, section F,4 (emergency response) In the Scope of Work - page 22) Please note
that configuration of Result Point requires Microsoft US and It Is strongly recommended that
servers be configured with Secure Socket Layer with Electronic Server Certificates.
Sample MasterQi) Pro UMS Rugged Palm Field Unit
(Section 4.0, section E in the Scope of Work - page 22)
ITEM
NO. DESCRIPTION
UMS Software
Result Point (web portal)
Rugged Palm
EST.
UNIT
(8)
(1)
(1)
UNIT
OTY.
module
module
1 unit
PRICE
$43,612.50
$12,497.50
$1,450.00
TOTAL
$43,612.50
$12,497.50 q
$1,450.00 /1
002 PRODUCT SUPPORT
(Section 5.0, section A2 in the Scope of Work - page 23)
ATL Gold Support (1 year from Anniversary Date) - Includes LIMS account manager, Unlimited Technical
Support via a toll-free number, Programming Support (2 hours included at no charge), Dial-in Remote
Support (available at a reduced rate from Silver), Access to Web Site User Support Area, Software Service
Packs, Product Upgrades, Migration Credit, and Sample Master@ Solutions Newsletter
(ATL GOLD Support is 15% of the list price of the software).
ITEM
NO. DESCRIPTION
ATL GOLD Support
EST.
UNIT
year
UNIT
OTY.
(1 year)
PRICE
TOTAL
$13,083.75 $13,083.75:'
@1994-2005Accelerated Technology laboratories. Inc. All rights reserved.
SAMPt.E8rwrER"
003 TRAINING
(Section 6.0, .ectlon Alln the Scope of Work - pa"8 24)
On-site training on Sample Master(l!)
Pro UMS Software: The UMS training will be a minimum of three (3) days for each of two (2) groups' of
people plus two (2) additional days for managers, or sufficient additional time to assure that the staff is
well trained In every aspect of the UMS system.
Total on-site training (5 days to be broken down as' described in Scope of Work)
ITEM
NO. DESCRIPTION
LlMS Training
EST.
UNIT
(day)
UNIT
OTY.
5 days on-site
PRICE
$2,250.00
TOTAL
$11,250.00 It
004 INSTALLATION SERVICES.
On-site Installation of Sample MasterCBl Pro UMS Software on City of Clearwater's Server and client
computers for 5 concurrent users, however more than 5 computers can be Installed with the LIMS
software If desired.
ITEM EST. UNIT
NO. DESCRIPTION UNIT OTY. PRICE TOTAL
UMS Software Installation (day) 1 day on-site $2,250.00 $2,250.00 IJ
Instrument parser training (day) 4 days on-site $2,250.00 $9,000.00 '1
and Installation (on-site)
Reimbursement of Travel Expenses 10 total days on-site $2,745.00 $2,745.00 .(
005 INSTRUMeNT INTEGRATION SOFTWARE
(Section 3~O, section Al in the Scope of Work - page 20)
(ON-SITE INSTALLATION AND TRAINING OF INSTRUMENT PARSERS ARE INCLUDED UNDER INSTALATION
! COSTS ABOVE)
ITEM EST. UNIT
NO. DESCRIPTION UNIT OTY. PRICE TOTAL
(1) PE Optima 2000 ICP-OES (1) (1) $750.00 $750.00~)
(2) PE Aanalyst 600 , AA furnace (1) (1) $750.00 $750.00 (,
(3) Bran-Luebbe TRAACS 800 (1) (1) $750.00 $750.00 /"
(4) Dlonex ICS 2000, (1) (1) $750.00 $750.00 {
Ion Chromatograph "
(5) Man-Tech PC Titrator with
Man-Tech BOD Assay Plus (1) (1) $750.00 ' $750.00' .'
(7) Varian Saturn 2000 GC/MS (1) (1) $750.00 $750.00 : ,..
,
(8) PE FIMS 100, Mercury Analyzer (1) (1) $750.00 $750.00 ,.
(9) Any instrument with (1) (1) $350.00 $350.00 :
an RS-232 port
Optional Product Offerings:
006 Barcode Hardware and Software (Section E, .1 In the Scope of Work - page 8)
(Optional product offering- as sample labels fed into a plain paper laser printer can also print out sheets
of bar-coded labels on Avery label sheets; the 128 barcode font is included in the price of the UMS. This
special priced starter package is for laboratories that would like to begin utilizing barcodes on sample
bottle labels generated from their UMS.
· Eltron 300 DPI label printer and any required software
. 1 extra ribbon
@1994.2005Accelerated Technology laboratories, Inc. All rights reServed.
SIIIPIIQIWIEI'
· 2 rolls of standard labels (quantity per roll 1000)
· 2 hand-heldCCD barcode scanners
· All required cables
· Installation and training Included (when purcha~d with ATL's LIMS)
ITEM
NO. DESCRIPTION
EST.
UNIT
UNIT
OTY.
PRICE TOT~L.
$2,995.00 $2,995.00
Barcode Starter Package
(package)
(1)
*this is the price for an UNLIMITED site license, discounts apply for fewer licenses.
** Included free of charge with the Sample Tracking Module.
Sample Maste~ Pro UMS Software utilizes Microsoft Access as the report writing tool and the UMS
software cost Includes the LIMS report writing tool as specified in the City of Clearwater's Request for
Proposal. (Other report writing tools can be utilized as well, Including Microsoft Word, Microsoft E><cel,
Crystal reports, but since the canned reports in Sample Master are all Microsoft Access based those tools
are Included in .the proposal.
CONTRACTOR: Accelerated Technolol!V Laboratories. Inc.
BIDDER'S GRAND TOTAL $101.488.75 (Numbers)
BIDDER'S GRAND TOTAL One Hundred One Thousand Four Hundred EilZhtv-Ei2ht Dollars and Seventy-
Five cents (Words) .
THE BIDDER'S TOTAL ABOVE IS IDS TOTAL BID BASED ON IDS UNIT PRICES AND
LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED. TIDS FIGURE
IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL
MAKE THE TABULATION FROM mE UNIT PRICES AND LUMP SUM PRICE BID. IF
THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS
ONLY mE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN.
@1994-2005Accelerated Technology laboratories. Inc. All rilll1ts reserved.
1AMP118-r..
IAccelerated
Technology
WOUJlUIS IN(.
6fit:Iosott'.
CERTIFIED
~.rtnOr
(6\
,~
Emai~ i.ID@atlall,cIIII . WWW.IIIaIl.cam
496 Holly Grove School Road · West End. North C.ro1ill827376 eTelepun. 911-673-8165 . 1-880-565-L1MS (5467) . Fax: 910-673-8166
Name I Address
City of Clearwater
AUn: Maria De la Cantera
1605 Harbor Drive
Clearwater, FL 33755
Quotation
Date Quotation #
8/22/2005
11491
Description Qty Rate Total
Sample Master0 Pro Sample Tracking module 1 19,955.00 19,955.00
Sample Master@ Pro Data Entry module 1 19,955.00 19.955.00
Sample Master@ Pro Sample Scheduling module 1 8,725.00 8,725.00
Sample Master@ Pro QAtQC module 1 12,415.00 12,415.00
Sample Masler@ Pro Electronic Data Transfer module 1 8,725.00 8,725.00
Sample Master@ Pro Chemical Inventory module 1 8,725.00 8,725.00
Sample Master0 Pro Resource Management module 1 8,725.00. 8,725.00
Sample Master@Pro Maintenance module (included at no charge) 1 0.00 0.00
SpecialS-user License Discount. (50% off software only) -43,612.50 -43,612.50
* Includes an additional S-user license with participation in ATL's
Customer Spotlight Program
Sample Masler@ Result Point software (For Clieni Remote Web 1 24,995.00 24.995.001
Access - allows clients to access order/results status, analytical data I
and PDF reports directly from the Sample Master@ database) * .,
Includes support for 1 year (
"\
Special Sample Master@ Result Point Discount (50% Off software -12,497.50 -12,497.50 j
only)
Sample Master Rugged Palm Pilot with laser Scanner (includes Palm 1 1,450.00 1,450.00
Terminal, 2 MG ROM/2MB RAM, Slip Case, Stylus! and Software)
ATL Gold Support (1 year from Anniversary Date) -Includes L1MS 1 13,083.75 13.083.75
account manager, Unlimited Technical Support via a toll-free number,
Programming Support (2 hours included at no charge), Dial-in Remote
Support (available at a reduced rate from Silver), Access to Web Site
User Support Area, Software Service Packs, Product Upgrades,
Migration Credit, and Sample Master@ Solutions Newsletter
On-Sile Training of Sample Master@ Pro L1MS software. 5 days 5 2,250.00 11,250.00
This Quote shall be valid for 30 days Total
-z
'f
~
6
7
'i
"l
10
l!
rz
. ATl Terms & Conditions Shall Apply
~
Christine Paszko, Ph.D.
Vice President, Sales & Marketing
Accelerated Technology laboratories, Inc.
Leaders in Laboratory Inff11atJrob Management Systems
Accelerated
Technology
WIU11lIIES 1IIe.
MicIusDII'
CERTIFIED
PMtner
(i)
""....
Eni.iL intoChtlab.com · w_.atlab.clm
496 Holly GrovI Schaol Raad e West End. Marth Carolina 27376 e, Telephalll 911-'73-1165 e 1-8DO-565-L1MS 154671 · Fax: 910-673-1166
Name / Address
City of Clearwater
Altn: Maria De la Cantera
1605 Harbor Drive
Clearwater, FL 33755
Quotation
Description
On-Site Installation of Sample Mastel@ Pro L1MS software. 1 day
On-Site Instrument Parser Training and Installation - 4 days
Instrument: PE Optima 2000 ICP-OES
Instrument: PE Analyst 600 AA Furnace
Instrument: Bran-Luebbe TRAACS 800
Instrument: Dionex ICS 2000 Ion Chromatograph
Instrument: Man-Tech PC Titrator with BOD Assay Plus
Instrument: Varian Saturn 2000 GC/MS
Instrument: PE FIMS 100 Mercury Analyzer
Instrument: Any Instrument with an RS-232 port
Reimbursement of travel expeoses (airfare, hotel, rental car. meals,
parking)
Date Quotation #
8/22/2005 11491
Qty Rate Total
1 2,250.00 2,250.00 Il
4 2,250.00 9,000.00 . If
1 750.00 750.00', .
1 750.00 750.00 (
1 750.00 750.00 If.
1 750.00 750.00 j
1 750.00 750.00 "'\
1 750.00 750.00 l t7
1 750.00 750.00 i
1 350.00 350.00 ~
~
2,745.00 2,745.00 ,<
Optional Item not included in this quotation:
Barcode Starter Package (Includes 1 Eltron 300DPI Printer. 2
Hand-Held Scanners, 1 Ribbon, 1 Roll of Labels (1000), Barcode
Software and all required cables: $2,995.00
Out of State Sale: Exempt from North Carolina Sales Tax
0.00% 0.00
This Quote shall be valid for 30 days
Total $101,488.75
. ATL Terms & Conditions Shall Apply
Christine Paszko, Ph.D.
Vice President, Sales & Marketing
Accelerated Technology Laboratories, Inc.
Leaders in Laboratory Inlf1mGM6l1 Management Systems
Accelerated
Technology
U-.&1Nt
li'\
~'1DiJo..sGS.
Emai1: info@atlab.com . WWW.lItlab.com
AfbD8oIt.
CIRTIFIID
-
496 Holly Grove School Road. West End, North Carolina 27376. Telephone; 910.673.816S . 1.800,S6S.uMS (S467) . Fax 910.673.8166
TERMS AND CONDmONS
Customer orders and A TL agrees to fwnish the Equipment, Software and Services in accordance with the terms of
this Agreement This Agreement supersedes the terms and conditions of any purchase documents submitted by the
Customer.
I. EQUIPMENT
Customer agrees: (i) that any problem with the Equipment shall be the responsibility of its manufacturer; (ii) not to
hold A TL or its representatives liable for any problem such problem with any Equipment; (iii) to provide reasonable
access for installation of the Equipment, and use the Equipment in a manner consistent with the recommendations of
the manufacturer; (iv) to execute all documents as may be reasonably requested by the manufacturer in connection
with the purchase of Equipment; (v) not to relocate the Equipment to a different address, site or laboratory without
the prior written consent of A TL.
2. SOFTWARE
a) Provided Customer makes full and complete payment(s) to ATLas described in Section 5 below. A TL grants to
customer a non-transferable, non-exclusive, limited license: (i) for its employees and agents to use the Software in a
machine-readable form on the Equipment or other .computer hardware approved by A TL and at the site specified in
this Agreement solely for the Customer's internal business purposes and (ii) to make up to two backup copies of
machine readable code portions of the Software and printed listings thereof, for backup or archival purposes only,
which copies shall be subject in all respects to the terms and conditions hereof.
b) Customer agrees and understands: (i) that no title to the Software, its copies or to its intellectual property is
transferred to Customer (ii) that the Software is derived in part and may contain portions of software code
proprietary to others; (iii) that it shall not disassemble or decompile the Software; and (iv) that it shall not publish
any results of benchmark tests run on the Software.
c) Customer shall have no rights to any modifications, enhancements or extensions with respect to the Software.
d) If the Equipment is not operative, Customer may transfer to and use the Software on other, approved equipment at
the Designated Site, provided Customer informs A TL of such transfer in writing.
e) The Software is not specifically developed, manufactured or licensed for use in the planning, construction,
maintenance, operation or use in any nuclear capacity or for the flight, navigation, or communication of aircraft or
ground support equipment.
f) Upon any termination of the license granted under this Agreement, Customer shall immediately cease use of the
Software, and either deliver to A TL the Software and all copies of the Software, and all documentation containing
the Software and other proprietary infonnation, or destroy such materials on the instruction of A TL.
g) Customer shall display all proprietary and copyright notices and legends to the extent and in the manner specified
by ATL;
h) Customer is aware that in the event Customer fails to pay all amounts due to A TL in accordance with the terms
and conditions of this Agreement, the software provided to the Customer by A TL will be disabled so as to prevent
the automatic generation of reports. In the event that the Software is disabled in this manner, Customer should
contact A TL immediately. CUSTOMER ACKNOWLEDGES AND AGREES THAT A TL SHALL NOT BE
Signature
Print Name
Date
Leaders in Laboratory Information Management Systems 1
Revision Date Code: 37502
Accelerated
Technology
IAIOIA18IIE5I1t
8t:toaoIt
. CIRTIFlID
Parfnao
(i\
'\>.__SGS.
Email: Info@lltlab com . www 811ab com
496 Holly Grove: School Road. West End, North Carolina 21316 . Tdepbane: 910.613.8165 . 1.800.565.LJMS (5461) . FIX 910.613.8166
LIABLE FOR ANY LOSSES OF TIME OR DATA, OR FOR ANY OTHER DAMAGES THAT MAY RESULT
IN ANY WAY FROM THE DISABLING OF THE SOFTWARE PURSUANT TO THIS SECTION.
3. SERVICES
In the performance of Services specified in this Agreement, A TL and any agent or employee of A TL, is acting as an
independent contractor, and not as an employee, of Customer.
4. PROPRIETARY INFORMATION
Customer shall hold in confidence, and make reasonable efforts to ensure that its employees and agents also hold in
confidence all technical, business or financial information of ATL and shall not disclose such.infonnation except
upon written authorization of A TL.
5. PAYMENT AND SHIPMENT
Invoices shall be due and payable prior to the date of installation in accordance to the terms stated in this
Agreement, unless otherwise specified by A TL. Amounts unpaid when due shall accrue late charges of 1.5% per
month or, iflower, the maximum: rate allowed by law. All shipments shall be FOB ATL's place of business, and all
shipping charges and insurance costs will be paid by the Customer. ATL shall have a security interest in any
Equipment purchased hereunder lDltil payment in full and Customer will cooperate fully in further evidencing and
perfecting such interest. All delivery dates specified by A TL are estimates only and shall not be binding. Equipment
modified by A TL to meet safety concerns or government standards shall be deemed conforming.
\
I
6. WARRANTIES AND LIABILITY
. (a) ATL warrants that the Software media and'associated documentation shall be free from defects in materials arid
workmanship for a period of ninety (90) days following date of delivery of such items (the "Warranty Period"). A TL
agrees to replace or repair any such media or documentation which is found defective during the Warranty Period
provided Customer notifies ATL during the Warranty Period or within ten (10) days thereafter.
(b) ATL does not, however, warrant that (i) operation of the software shall be uninterrupted or error-free, or (ii)
Software functions shall operate in all combinations selected by Customer.
(c) THERE ARE NO OTIlER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE)
FOR THE EQUIPMENT, SOFTWARE OR SERVICES, NO THIRD PARlY SUPPLIER OF SOFTWARE
WARRANTS THE SOFTWARE OR ASSUME ANY LIABILITY FOR ANY DAMAGES SUFFERED OR
INCURRED BY CUSTOMER.
(d) IN NO EVENT WILL A TL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OCCURRING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FOR DAMAGES IN
EXCESS OF THE AMOUNT RECEIVED UNDER THIS AGREEMENT.
7. MISCELLANEOUS
(a)ATL agrees to use reasonable commercial efforts to provide Equipment, Software and Services described in this
Agreement, provided, however, A TL is not responsible for the success or failure of the application performed by, or
Signature
Print Name
Date
Leaders in Laboratory Information Management Systems 2
Revision Date Code: 37502
Accelerated
Technology
lAIGIA1III5l1lC.
(i\
"io,~_
Email: infu@adab.com.wwwadab.com
...".
CIIlTIFIED
-
496 Holly Grove School Road. West End, North Carolina 27376. Teleplaonc:: 910.673.8165 . l.800.565.LlMS (5467) . Fax 910.673.8166
the conclusions drawn from, the use of the Equipment, Softwwe, or Services by the Customer or any other party.
Under no circumstances shall A TL be required to provide any Equipment, Software or Services creating or having
functionality not expressly described in writing(s) provided by Customer to A TL prior to the effective date oflhis
Agreement or any relevant Amendment thereto.
(b) A TL agrees to provide problem reporting procedures to Customer for reporting Software "bugs" I malfunctions,
programming errors and related problems. Upon notification of any "bug" in the Software pursuant to the procedures
set forth by A TL, A TL will investigate and if able to verify and reproduce the bug, use reasonable commercial
efforts to correct such "bug" or create a work around.
(c) Subject to Section 6(b) above, A TL shall indemnify Customer against costs and damages arising from claims of
infrirlgemeni of any U.S. patent or copyright resulting from the use of Software within the scope of the license,
provided ATL is (i) promptly notified of all such Claims; (ii) given sole control of any litigation or settlement, and
provided further that the Customer shall provide all available assistance to enable A TL to defend or settle any such
claims or proceedings. The foregoing obligation of A TL does not apply with respect to Software: (A) not developed
and produced by ATL; (B) made in whole or in part in accordance to Customer's specifications; (C) which was
modified by a party other than A TL after shipment by A TL; (0) combined with other products where the alleged
infringement relates to such combination or otherwise would not have occurred but for the combination; or (E)
where Customer continues allegedly infringing activity after being notified thereof or after being infonned of
modifications that would avoid the alleged infringement. Customer will indemnify A TL for any liability, cost,
expense and attorney's fees incurred in connection with a claim for infringement with respect to software, products
or equipment: (F) not developed and produced by A TL; (G) made in whole or part in accordance to Customer's
specifications; (H) which, if provided by A TL, was thereafter modified by a party other than A TL; (I) that combines
A TL products with other products where the alleged infringement relates to such combination or otherwise would
not have occurred but for the combination; or (1) where Customer continues allegedly infringing activity after being
notified thereof or after being informed of modifications that would avoid the alleged infringement.
(d) Customer agrees to comply with all applicable regulations of the U.S. Department of Commerce and the U.S.
Exp~rt Administration with respect to the Equipment and Software.
(e) The rights or obligations stated herein shall not be assignable or transferable in whole or in part by Customer
without the prior written consent of A TL, and any attempt to do so shall be null and void.
. .
(f) A TL may terminate this Agreement and all licenses and rights granted hereunder if Customer fails to comply
with any term or condition stated herein.
(g) In the event any legal action is initiated to enforce any provision of this Agreement, the prevailing party shall be
entitled to collect its reasonable attorney's fees and costs incurred in connection with such action. North Carolina
law shall govern in this Agreement and the sole venues for any action arising out of or relating to this agreement
shall be in Moore County, North Carolina or Guilford County, North Carolina.
(h) These tenns may be waived or amended only by a writing signed by the parties. Failure or delay in asserting a
claim hereunder shall not be deemed a waiver thereof and no waiver with respect to a particular instance shall be
deemed to waive generally the applicable right. Section headings are for convenience only and shall not affect
interpretaiion. Notices shall be in writing, and sent by registered or certified mail.
Signature
Print Name
Date
Leaders in Laboratory Information Management Systems 3
Revision Date Code: 37502
SCOPE OF WORK
PART 1: LlMS TECHNICAL SPECIFICATIONS
These specifications identify minimum and optimal functional and processing capabilities required
for the computerized Laboratory Information Management System (L1MS). The L1MS system is
required to support a minimum of 5 concurrent users without noticeable degradation in
.perfl;)rmance. For the purpose of this proposal and .,y ensuing contraCt, the term .user" is
defined as laboratory personnel actively addressing the main L1MS application. It does not
include instrument interfaces, or peripheral devices. If there are performance limits on other forms
of access (Le. instrument Interfaces) these need to be clearly specified. Additionally, the delivered
L1MS shall support users external to the laboratory via intranet access with appropriate security
and enayptlon.
Sample.Maste~ Pro LIMS was designed for a multl-user environment. ATL will provide a 5-user
license in the attached quote. Instrument interfaces or peripheral devices are not counted as .
.users" by A TL. Sample Maste"- Pro LIMS supports users external to the laboratory via a secure
network and via the Internet. .
1. A computerized L1MS shall provide water quality laboratory with management information tools
to allow for efficlent laboratory operations in producing timely and accurate analytical data and .
assessment reports, and to make validated data available to all required parties. Data entry,
access and retrieval shall be provided, at a minimum, for the following:
. -Manual data input by users
. -Direct data acquisition from laboratory instruments
. .Oata storage
,.Data processing and manipulation
. . -Data retrieval and reporting
The above are al/ standard features of Sample Mute'- Pro LIMS.
2. The L1MS processing functions shall include the following:
,-System management
,-Database management
.-Sample management and tracking
. -Workload management
. .Sample analysis and data acquisition
. -Data validation and limit checking
. .Quality control/assurance
. .Statistical data analysis and graphics
. -Data import/export capability
. .Ad-hoc querying
. -Bar-coding
. .Reporting . .
The above processing functions are all standard features of Sample Maste'" Pro LIMS.
3, The lIMS shall perform data acquisition from laboratory instruments, while simultaneously
supporting workstations on a standard Windows Qperating system such as Windows 2000 or XP
performing other L1MS functions. Sample Maste'- Pro L1MS can perform data acquisition from
laboratory Instruments through the Electronic Data Entry Module while simultaneously supporting
standard Windows operating system workstations performing other L1MS functions. ATL has a
library of over 250 Instruments that ATL has previously Interfaced with Sample Maste~ Pro lIMS.
4. The L1MS application software shall be comprised of proven packages. These packages sha.ll
permit onsile configuration and generation of all application related programs including displays.,
tables and reports.
Sample Maste'" Pro L1MS is comprised of 10 proven modules that offer the laboratory a feature
rich total solution for managing their analytical laboratory operations. Each module allows users
@Accelerated Technology Laboratories, I"c. - City of Clearwater L1MS Proposal
Page 1
to configure the field names, and users can modify existing reports in addition to integrating new
screens into the LIMS. The database' administrator (DBA) has permission to add new displays
(forms), tables and reports and ATL engineers will train the DBA to make such mqdiflcations
. during on-site configuration and L1MS administrator training.
5. The L1MS application software shall be a standard product, which is fully developed, tested,
and supported. It shall be compatible with the system hardware, and shall meet the functional
requirements seecified. . .
Sample Maste.... Pro LIMS version 2.1 was first launched In 1994, today ATL has launched
version 8.0. ATL has been providing LIMS and laboratory automation solutions for ov.r a decade
.and offers superior technical support. Through the ATL metals plan, ATL GOLD support offers
toll-free technical support, a dedicated account manag.r, L1MS solutions newsl.tters, us.r group
meetings, user message board to exchange Ideas and code with other users. A TL also offers
annual user meetings at major conferences, such as Plttcon, AWWA and WEFTEC.
6. All system software shall be designed to allow growth. Sufficient space shall be recommended
. to allow for additional screen displays, and for additional, or expanded, reports.
Sample Maste'-PrQ LIMS enterprise edition based on SQL Server and Oracle Is scalable and
designed to grow with the laboratory. ATL engineers will work with the City of Clearwater IT team
to determine the amount of sufficient space to allow for laboratory growth of additional screen
displays and new reports. .
7. The L1MS package must be well suited for the requirements of a laboratory system for a
municipal water and wastewater facility. .
. Sample Mast.... Pro L1MS was designed specifically for the water and wastewater facility. Many
members of the development team of the L1MS have extensive backgrounds working as
engineers, chemists and laboratory managers In the water and wastewater Industry.
8. The software package shall be conflgurable to allow the presentation of laboratOlY results in a
SOL table, which shall allow the City to use standard SQL queries to retrieve dated test results for
. any and/or all of the laboratory results as soon as those results are available and Included in the
L1MS, for import into external reports by others.
Sample Maste'- Pro L1MS Is configurable to allow the presentation and export of laboratory
. results in a SOL table, the laboratory IT team can write standard SQL queries to retrieve data test
results and/or the entire laboratory results as soon results are validated and approved.
B. System Configuration
1. Network
The L1MS shall be installed on the Ethernet network, using TCPIP (Transfer Control
ProtocoVlntemet Protocol). Sample Maste'" Pro L1MS will be installed on the Ethernet network,
using TCPIP (Transfer Control Protocol/Internet Protocol).
2. Database Server
The LI MS shall run as a true client/server network and support operation on a Microsoft SOL
Server. The computer(s) and the SOL software are being provided separately by the City of
Clearwater. Sample Ma'ter. Pro LIMB shall run as . true client/server network and lupport
operation on a Microsoft SQL Server. A TL underatands that the city will supply the client and
server as well as the SQL Server licenses.
3. Personal Computers
The client workstations are Pentium 4 with 512 MB Ram. The operating system is Windows 2000.
The clients will not be dedicated to the L1MS, but will also have other systems operating on them,
such as MS Worci.XP
ATL supports Windows 2000 and XP, and the technical specifications (P4 with 512 RAM) are
suitable for running Sample Maste'- Pro UMS and other applications such as those included in .
the Microsoft Office Suite.
Mccelerated Technology Laboratories, Inc. - City of Clearwater L1MS Proposal
Page 2
4. System Maturity
The lIMS must be a mature system, which is neither at the beginning nor at the end of its life
cycle. The system must have been installed and operating globally in at least 200 laboratories for
at least of 10 years. The proponent must be a wholly owned US business; be ISO 9001 :2000
Certified and be a Microsoft Certified Partner for a minimum of 8 years. Sample Maste"- Pro .
L1MS is a mature system. neither at the beginning nor at the end of Its life cycle. AlL has been a
leader in the L1MS industry for over a .decade. automating laboratories one at a time. ATL has an
installed base approaching 300 sites worldwide. AlL Is also ISO 9001 :2000 Certified and has
been a Microsoft Certified Partner for 8 years and an Oracle Business alliance Partner.
A. System Management
1. Licensed .users
. The L1MS must be capable of supporting the minimum of 5 concurrent users. The system should
allow an unlimited number of named users and restrict the number of active users or concurrent
users to those on the license.
Sample Maste~ Pro L1MS provides a license for 5 concurrent users and the system also allows
an unlimited number of named users and will restrict the number of active users or concurrent
users to those on the license.
2. Compatibility
The L1MS shall run on a server platform 'and an operating system compatible with the existing
standard Windows Operating System network.
Sample Maste~ Pro L1MS was designed to operate on the standard Windows Operating System
network. A TL is a Microsoft Certified Partner and Is a beta site for many of the new Microsoft
products including SOL Server 2005.
3. System Management Tools
The L1MS shall provide system management tools to permit safe, secure management of the
L1MS application. These tools shall include application security. data audit trail. database
backup/recovery. data archival/restoration and interoperability with SOL-based applications.
ATL provides system management tools to ensure safe, secure data management of the LIMS
information. The tools include L1MS security. L1MS access and permissions, full data audit trail,
database backup and recovery tools Integrated in the database application and SOL Server as
well as data archival and restoration.
4. Security
The L1MS system shall provide security features to ensure that only authorized individuals enter,
view and modify data. Access levels shall be definable to restrict use of system level functions
(such as user authorization). and to provide data access levels to restrict the use of data entry.
data approval, data retrieval. data modification, data base structure creation or modification
functions.
Sample Maste'" Pro LIMS has security features to ensure that only authorized Individuals enter,
view and modify data. Access levels are definable by the system administrator to restrict use of
the system level functions (user authorization) and to provide data access levels to restrict the
use of data entry, data approval, data retrieval, data modification and database structure creation
or modification functions.
5. Data Archiving and Purging
The L1MS shall provide a means to archive and purge (retire) data at the request of the system
administrator. or automatically after a specified period of time. Sample Maste~ Pro L1MS
provides a means of easily purging and archiving data from the active database to the archive
database, either automatically or after a specified period of time.
Ii:)Accelerated Technology laboratories, Inc. - City of Clearwater LIMS Proposal
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. "Archiving is removing the data from the active database and storing it in a retrievable
form elsewhere. Archiving must include user-selectable parameters. These parameters shall
include collection and approval date ranges, sample types, location, and test The end user shall
have the capability to view archived data without restoring the data into the "active" location.
Sample Maste'" Pro L1MS allows users to archive data using the "master query" function. which
allQws users to select various parameters including collection and approval date ranges. sample
types, location, and test. The end user can view the archived data without restoring the data into
the "active" location.
. "The purge utility must also include user-selectable parameters. These parameters shall
include user-selectable parameters. These parameters shall include collection and approval date
ranges, sampling point and sample type.
Because Sample Mast~ Pro L1MS Is a relational database and has referential integrity; users
can retire parameters that have data associated with them, it is a GALP violation to delete data.
Parameters that can be retired include collection and approval date ranges, sampling point and
sample type.
6. Static Information
The L1MS shall maintain static administrative information such as, but not limited to, procedures;
safety information, and project information. Authorized users shall be able to query, add, modify
and delete this information.
Sample Masts'" Pro LIMS allows the maintenance of static administration Information such 8S
on-line SOP (standard operating procedures), s.fely Information, and project Information. Users
with the appropriative permissions will be able to query, add, modify and delete this Information.
B. Database Management Sy8tem
1. The L1MS program shall utilized referential integrity to assure that data is well ordered and not
lost. The L1MS shall provide a relational database management system (RDBMS) for information
storage and retrieval. Sample Maste'" Pro LIMS utilizes referential Integrity to ensure that data is
well ordered and not lost Sample Maste'" Pro L1MS is a relational database management .
system (ROBMS) for information storage and retrieval.
."The L1MS ROBMS shall be available with a full use Ucense, providing not only access to
the LIMS application, but also application development tools, a data dictionary. a data
query utility, and a report writer. The preferred database is SOL. The database
development tools shall be licensed for two users. The report writer tools shall allow
development by 5 concurrent users. Sample Maste'" Pro LIMS will Include development
tools for the database and 5 concurrent users of Microsoft Access as the report writing
tool. The enterprise edition of Sample Mas'- Pro LIMS based on Microsoft SOL Server
will be quoted. A TL does not provide the SOL Server llcens., but can provide quotes If
the city Is Interested In having ATL purchase thOl8l1censes.
. .The ROBMS shall support web architecture. Sample Maste'" Pro LIMS with Result Point
supports web architecture .
..The ROBMS shall support parallel processing. Sample Mast.... Pro LIMS supports
parallel processing on the SOL Server and Oracle versions.
."The ROBMS shall be able to support data spanning multiple physical disks. Sample
Master- Pro L1MS supports data spanning on multiple physical disks with both the SOL
Server and Oracle versions.
."The RDBMS shall run on multiple server operating systems, such as Windows 2000 or
XP. Sample Master- Pro L1MS supports multiple server operating systems including
Windows 2000 and Windows XP.
. .Must allow u8ers to Incorporate new screens without Supplier Intervention, 80 a8
to allow the Laboratory to manBge and maintain the LlMS.
Sample Maste'" Pro L1MS meets the above criteria and ATL will include In the cost
proposal a copy of Microsoft Access for the report writer. The on-site installation team will
~cceleraled Technology Laboratories. Inc. - City of Clearwater L1MS Proposal
Page 4
provide database administrator training on the tools required to manage and maintain the
system and to create and modify existing reports. (Over 3 dozen reports are Included with
the L1MS).
2. Transaction Journal Utility
A transaction journal utility shall provide database reconstruction in case of system failure. This .
facility shall restrict the possible loss of data to the database transactions in progress when the
system fails. Proponent must provide written Instructions for reconstruction.
A TL engineers will review back-up and recovery procedures during the on-site database
administrator training session. There is a SQL transaction journal utility that users can utilize to
reconstruct the database in case of system failure. A TL has a white paper on suggested back-up
procedures. ATL will also provide written instructions for restoring the L1MS database and will
review this with the L1MS database administrator.
3. Graphical User Interface
. The L1MS user Interface and all interactive database management tools shall be a simple-to-use
Graphical User Interface (GUI). The laboratory database administrator MUST be able to
Incorporate new Screens without having to contact the UMS vendor, In order to control
costs and to maintain control over the LlMS.
Sample Maste'- Pro L1MS provides a Graphical User Interface (GUt) and was the first
commercially available LIMS to utilize Microsoft Windows. Easy to use features Include hot look.
up on pull-down lists, context sensitive on-line help and the ability to integl'8t8 new screens,
reports, tables and queries without loosing the ability to upgrade to future versions. The
laboratory database administrator can make modifications to the L1MS Including adding new
,reports. modifying existing reports and adding new tables without contacting A TL.
4. Data Export
The Database System shall be able to extract and convert data elements into an ASCII format for
use outside of the L1MS application environment. The following file formats are desired or
. required, as indicated:
. . -ASCII- Required
. -EXCEL.xls-Required
.-ACCESS 97-Required
. -PowerPoint-Oesired
Sample Maste'" Pro L1MS Is based on standard state of the art technology and has built-In
. exports to Microsoft Office applications Including Word, Excel, Accen, and PowerPolnt Users
can also export to an ASCII (text) fonnat, along with many other common export formats. Results
data can easily be captured and exported from the Sample Mas'" Pro LIMS and the A TL .
engineers will cOver data export during on-site user and database administrator training.
The L1MS vendor shall provide a script for transferring data from the LIMS to the City of
Clearwater WPC Laboratory in the event that the laboratory has any data to be migrated.
A TL engineers can create scripts to import data from other databases, however this reqUires field
matching and also requires that the engineers understand the database schema of the database
and an understanding of the number of fields. ATL utilizes a FRS (Functional Requirements
Specification) process in which the field names, lengths are clearly defined as the ATL engineers
would need to create queries to field match the data from the database to be migrated to the
L1MS. There is a built in export capability so that the L1MS result data can be exported to Excel,
A TL will place a block of time in the quote to perform data migration as an optional item in the
even that the City of Clearwater WPC Laboratory has any data to be migrated to the L1MS.
5. Data Import
.-The Database system shall be able to import an ASCII data file, convert it as needed, and
store the data in the L1MS database management system.
. -Historical data from an ACCESS database can be imported into the llMS database.
. eAccelerated Technology Laboratories, Inc. - City of ClealWater LIMS Proposal
. Page 5
Sample Maste'" Pro LIMS can import and export to ASCII (text) data file format, this feature will
be reviewed during on-site training with the L1MS team. Historical data from Access can also be .
Imported into the L1MS, this is a very straightforward procedure and required field matching is well
defined, I.e. site table in L1MS would be matched to th'e site table in the Access database.
6. Interoperability .
The database system shall be OOBC (Open Database Connectivity) compliant. It will allow data
exchange with other ANSI SOL OOBC compliant database systems, including Microsoft Access.
Compliance will also enable the database to interface with OOBC compliant word processing,
statistical analysis and spreadsheet software for producing reports. letters, memoranda and other
documents. .
. Sample Maste" Pro L1MS Is ODBC (Open Oataba8e Connectivity) compliant and will allow data
exchange with ANSI SQL OOBC compliant database system Including MS Access, SQL Server.
and Oracle. The ability to export will allow clients to export to Word Processing, statistical
analysis packages, spreadsheets, such as MS Excel and MS Word.
7. Data Dictionary
The data dictionary shall control the definition and manipulation of data, and facilitate changes to
data structures.
Sample Maste'" Pro LIMS provides a data dictionary that controls the definition and manipulation
. of data and manages changes to data structure.
B. Customizable
The ROMS shall be user customizable to the extent that system administrators will be able to add
functions to the program main menu and all other screens, add additional tables, queries and .
fonns and design custom repgrts using SQL Server as the backend database engine.
The design of Sample Master- Pro L1MS allows users to add items to the menus, pull down lists,
and add new reports, tables, queries and much more using MS SOL Server as the backend
database engine.
. C. Sample Management and Tracking
1. Sample Tracking
. Sample tracking shall begin with the sample request and track the sample through log-in, analysis
scheduling, analysis, quality assurance, review and approval. An audit trail shall be maintained
for each sample activity. Sample status will be readily retrieved.
Sample Maste'" Pro LIMS allows samples to be tracked throughout the L1MS from sample
request, login, analysis, scheduling, analysis and quality Ulurance, and review to final approval.
An audit trail is maintained for each activity and department that the sample passes through. This
allows laboratory staff and managers to rapidly view the sample status in the laboratory and to
view any results if they have been entered.
2. Tracking Contract Lab Analysis
. The LIMS shall provide sample log-In and sample tracking capabilities capable of distinguishing
in-house analyses from contract lab analyses. In-house analyses as well as analyses from
different contract labs must be tracked separately. The proposed LIMS shall also enable the user
to change the status of a sample from in-house to contractual.
Sample Maste'- Pro LlMS has the ability to receive and track samples that were sent to outside
contract laboratories for analysis. The LIMS can also track the in-house analyses separately from
contract laboratory analyses and allows UIBrs to change the status of In-house to II contract
analyses. If contract laboratories are provldlng the data electronically and If the desired client's
. database administrator can configure an Excel paraer that recognizes the contract laboratories
Excel format (In which data Is returned to thelaboralory) the data can be Imported Into the L1MS
(following a supervisor review of the data) through the Electronic Data Transfer Module.
@Accelerated Technology Laboratories, Inc. - City of ClealW8ter LIMS Proposal
Page 6
3. Manual Sample Log-in
A manual sample log-in function shall record data including sample collector, sample location,
sample date and time, sample type, sample receiver, sample received date and time, priority
assignment, test(s) assigned, and sample splitting and field test data. Fields shall be able to be
made mandatory so that data is required before a sample can be committed to the database.
. Data shall be posted directly to the databaSe. The log-in function shall be flexible enough to
. provide some degree of user customiZation, such as the addition of custom fields and custom
sample identification formats, or to define sample types and categories.
Sample Maite"- Pro LIMS Sample Tracking function Includes the ability to manually record data
including sample collector, sample location, sample elate and time stamps, sample type, sample
receiver, sample received date and time, priority, assignment, test(s) assigned and sample
. splitting and field testa data. The datab8ae administrator can make required fields mandatory
before a sample is posted directly to the database. The login function Is flexible enough to provide
user customizatlon, including the addition of custom fields and custom sample identification
formats, or to define sample types and categories.
4. Multiple Sample Log-in
. A multiple sample log-in function shall be provided. This function shall allow a batch of similar
samples to be logged in one operation, assigning unique sample identifications to each sample,
and duplicating common fields for each sample in the batch. Individual samples must then be
modifiable at the user's discretion.
Sample Maste"- Pro L1MS allows multiple sample log-in and this function Is included in the
. Sample Tracking module. This function aHows betch login (batch of similar samples can be
logged in one operation), assigning a unique identifier to each sample and duplicating common
fields for each sample in the batch. Users with appropriate permissions can then modify those
samples as required, in terms of addition or deletion of tests.
5. Auto Log-in
The L1MS shall be able to automatically log samples according to a stored schedule.
Sample Maste" Pro L1MS Sample Scheduling module allows the laboratory to automatically
schedule collections end generate workllsts and bBr-coded labels for bottles to prepare for the
sampling. There Is a user friendly calendar function that allows users to select and store the dates
of sampling.
6. Data Entry
Data entry functions shall perform immediate database updates. Data shall be available for
retrieval immediately after data entry. Historical data from an Access database can be imported
into the L1MS database. .
Sample Maste~ Pro L1MS performs immediate database updates and data is available for
retrieval immediately after data entry to users who have permissions to view the data. Historical
Data from an Access Database can be imported.
7. Sampling Site Information
Static information for sampling sites will be stored in the L1MS. The minimum data elements
which will be stored are site 10, desaiption, location, type, sample schedule and contact
information.
Sample Maste'" Pro L1MS does store ltatic data related to the information for sampting sites, this
Includes site 10, description, location, type, GIS coordinates, sample schedule and contact
information.
8. Electronic Import of Historical Results
The L1MS shall provide the capabHity to import historical data that is stored in electronic format.
particularly ACCESS.
Yes, Sample Maste" Pro L1MS can Import data from Excel, Access and several other standard
electronic formats.
@Accelerated Technology Laboratories. Inc. - City of Clearwater LIMs Proposal
Page 7
. D. Sample Scheduling
1. Routine Samples
The L1MS shall be able to store sample collection locations and the frequency that various routine
sample types are to be collected from each location.
'The Sample Maete'" Pro LIMS Sample Scheduling module allows users to store sample
. collection locations as well al the frequency of IBmple collections from routine collection sites.
Users have a variety of options to schedule the frequency, through a user friendly calendar
function.
2. Automatic login
The L1MS shall be able to automatically log in routine samples including the following:
. -daily routine samples
. -samples for specified days of the week
. -monthly samples ,
. -yearly samples.
Sample Maste'" Pro L1MS Sample Scheduling module can atomically login samples for daily
routine collections, samples to be collected by user specified days of the week, monthly
samples as well as yearly samples. .
3. Automatic Test Scheduling
For routine automatically logged samples, the L1MS shall be able to master schedule the
test/analyses that will be required. The schedule shall include:
. -daily routine samples
. .specified days of the week
. -monthly samples
. -yearly samples
. -quarterly
. -semi-annually
Sample Masta'" Pro L1MS can automatically schedule tests, log them into the lIMS. maintain
the master schedule of test/analysis that will be required. The schedule Includes the
following; daily routine samples, specified days of the week, yearly samples, quarterly
samples and semi-annual samples.
4. Sampling Site Information
Static information for sampling sites will be stored in the lIMS. The minimum data elements
which will be stored are site id" description, location, type, sample schedule and contact
information.
Sample Maste" Pro .LIMS stores the following static table information; site id" description,
location, type, sample schedule and contact information, along with additional Information such as
GIS coordinates. .
E. Sample Collection
1. Bar-code Sample labels
The system shall permit printing sample identification labels with or without bar codes and
readinglwriting barcode labels style 128.
Sample Maste'" Pro L1MS allows printing of labels with or without barcodes. It has integrated bar-
coding and it supports the readinglwriting of multiple barcode fonts including 128. ATL offers an introductory hardware barcode package, which Includes a 300 OPI printer. 2 handheld CCO
scanners, and printer software and all required cables. The cost of the barcode starter package
will be included as an optional Item. The barcode font for 128 is provided.
eAccelerated Technology Laboratories. Ine, - City of Clearwater L1MS Proposal
Page 8
F. Sample Identification
1. Unique Sample Identification
The L1MS shall automatically assign unique identification codes to each sample. In the case
where a sample is split or subdivided, the LIMS sha. assign and associate subsequent .
identification codes with the original samPle.
Sample Maste"- Pro LIMS assigns each sample a unique identifier, the format is user definable
and In the even that a sample Is split or an aliquot Is removed, the per NELAC guidelines a
subsequent code is generated which can be linked back to the .orlginal- sample.
. 2. Priorities
The L1MS shall allow user prioritizing of samples and their subsequent subparts and splits.
Sample Master" Pro LIMS supports user definable priorities assigned to samples as well as
splits, in addition to hold times for samples as well as prep batch hold times.
3. Sample Labels
After uniquely identifying a sample. the L1MS shall be capable of providing labels for affixation to
the sample container. The LIMS shall provide a standard format that can be duplicated and
modified by an authorized user permitting various types of data to be retrieved from the database
and incorporated on the label. The standard label format should include room for multiple fields
besides the bar-code and be user configurable. Modifications shall allow including special
handling or safety procedures. The system shall provide the ability to specify the number of
copies of the labels to generate, and shall provide a reprint option for single or multiple additional
labels.
. Sample Master" Pro LIMS has a standard sample label format that Is a standard report In the
L1MS that user can use as Is or modify to meet any special requirements of their laboratory, such
as. handling procedures. The proposed 300 DPllabel printer In the starter package supports
mUltiple label sizes based on the amount of Information that you would like to capture and users
" can print multiple sample labels If desired and also has a reprint option in the event that extra
. labels are needed.
4. Bar Codes
The L1MS shall be able to generate and read bar code style 128 for identification, utilization on
labels, chain of custody documents. and data entry purposes.
Sample Maste'" Pro LIMS supports barcode style 128 along with many others and can be utilized
on chain of custody labels, chain of custody documents, and data entry purposes. The 128
barcode font is an excellent selection as It contains an intemal check standard.
G. Sample Receiving
1. Receiving Details
When samples arrive at the laboratory, the L1MS shall capture, at a minimum the following
receiving data items:
.oOate and time of receipt (mandatory field) Automatically captured in Sample Maste~ Pro
LIMS
.oSample Receiver (mandatory field) This information Is captured in Sample Master- Pro LIMS
.oLocation of sample (mandatory field) Users can enter this in Sample Maste'" Pro LIMS .
.oDate and time of sample collection (mandatory field) Users can enter this in Sample Master.
Pro L1MS
. -Sample collector (mandatory field) Users can enter this in Sample Master. Pro L1MS
.-Sample identification code (mandatory field) Standard in Sample Maste'" Pro LIMS
. -Unusual sample conditions Users can enter this in Sample Maste'" Pro LIMS
.-Tests required (if not previously defined) Users can enter this in Sample Maste'" Pro L1MS
..Tests requested Users can enter this in Sample Mast"- Pro LIMS
. -Field test results Captured in Sample Master" Pro LIMS
. .Comments or ability for Custom Fields Standard fields in Sample Master. Pro L1MS
@Accelerated Technology Laboratories, Inc. - City of Clearwater L1MS Proposal
Page 9 .
Fields marked mandatory must be made mandatory in the L1MS sO that a sample cannot be
committed to the L1MS unless the required fields are completed.
The system database administrator has the capability to make fields required, however If this is
done and some infonnation is NOT available at the time of login, the users will not be able to
complete the login process and receive the samples, which may affect the ability to rapidly
analyze the sample before the hold times expire. However, this is a laboratory decision on how to
deploy the mandatory fields and the L1MS can support this requirement
2; Multiple Entry Methods
The L1MS shall permit entry of the receiving details in multiple ways:
.-The L1MS shall be able to simultaneously log in and receive samples into the LIMS that are
unexpected or non-routine.
Sample Maste'" Pro LIMS is able to simultaneously log in and receive both regularly scheduled
. samples as well as unexpected or non-routine samples.
. -Samples of a particular type that arrive in batch shall be received in batch. It shall not be
necessary for the user to re-enter similar or repeat information for a series of samples.
Sample Maste'" Pro LIMS can accommodate umptes which arrive in batchel and. It II not
necessary for users to re-enter similar or repeat Informatlon for a series of samples.
3. Storage of Procedures and Tests
The L1MS shall store Information including tests required, lab sample preparation, sample holding
time and/or storage requirements with each sample type, such that the LIMS or the user can
associate these tests, procedures and time limits with an incoming sample. .
Sample Maste~ Pro L1MS stores information including tests required, lab sample preparation,
sample holding times and/or storage requirements with each sample type, such that the LIMS or
the user can associate these tests, procedures, and time limits with an Incoming sample.
4. Associate Procedures and Tests with Samples
Upon receipt of a sample, the L1MS shall associate appropriate preparation procedures and tests
required for specific sample types. Users shall be able to add or delete assigned tests. .
Sample Maste"- Pro LIMS will associate the preparation procedure that has been configured and
test required for a specific sample type upon receipt Users have the ability to add or delete
assigned tests.
5. Test Assignment Modifications
Authorized users shall be able to modify tests or procedures assigned to logged in samples
without modifying the standard procedures and test assignments.
Sample Malta'- Pro LIMS aUoWlluthorlzed users to modify telts anclJor procedures ...Igned to
logged In samples without modifying the stand.rd pracaduresand tast aSllgnments.
6. Calculate Maximum Holding Time
Based on sample types and tests required, the L1MS shall associate saniple holding times with
each sample based on its sampling time to produce maximum holding timeldate(s).
Sample Maste"- Pro L1MS can calculate maximum holding times based on sample types and
tests required. The LIMS associates sample holding times with each sample based on its
sampling time to produce maximum holding times and dates.
H. Test/Analyses Administration
1. Standard Tests/Analyses per Sample Type
Each test or analysisltype shall be uniquely identified with a code by the L1MS. The test
identification code shall permit the association of multiple test components with that test code.
The LIMS shall store data about each component such that the user can indicate, upon initial
entry of the data, which components require computer performed mathematical computations.
Sample Maste'" Pro LIMS uniquely identifies each test or analysis by a unique Identifier. The
test 10 code permits the association of multiple test components with that test code. The LIMS will
~ccelerated Technology Laboratories. Inc. - City of Clearwater L1MS Proposal
Page 10
store data about each component such that the user can indicate, upon initial data entry those
components that require calculations. .
2. Associate Developed Calculations with Tests
In order to automatically perform mathematical computations, the L1MS shall permit the
development and association of mathematical routines developed by authorized users for
designated test codes.
Sample Master- Pro lIMS supports mathematical computations. which is a critical feature to the
analytical chemistry laboratory, as they routinely calculate many final results which are based on
calculations, such as total nitrate, total chlorine and others such as percent moisture.
3. Test Data Modification
Modifications and deletions of test data by authorized users shall be permitted.
. Modifications of test data can be made following entry and after validation and approval, however
that action can only be done by an authorized user (one with the appropriate level of permissions)
and a full audit trail Is spawned that recorda the date and time, the usar, the original result and the
new result and a reason must be given as to why the change to the final result was made.
4. Test Result Entry
. Test results shall be entered in multiple formats. The LIMS shall provide the entry of test results in
the following formats, at a minimum: . ..
. -All results from one test performed on many samples. Sample Maste'" Pro L1MS supports this.
. -All results from many tests performed on one sample. Sample Maste'" Pro L1MS supports this.
. -All results from one test performed on one sample. Sample Maste'" Pro L1MS supports this. .
5. Special Result Values
The L1MS shall be able to record special values such as Not Detected, Not Measured, <, or Null.
The L1MS shall have the capabYity to correctly handle all special result values in mathematical
computations. Users shall be able to define in advance how special result values will be handled
in calculations. The L1MS should have the ability to enter text values into the result field.
Sample Maste'" Pro L1MS supports special values such as NO for Not Detected, or NM for Not
Measured, symbols <> Null, or TNTC Too Numerous to Count, ete..
6. User ID
The LIMS shall be able to identify and capture data concerning which laboratory analyst
. performed the test, which user entered the results and which user approved the results.
Sample Maste~ Pro LIMS does uniquely identify and capture data concerning which laboratory
analyst performed the test, which users entered the results and which user approved the results.
7. Instrument Interface
. The LIMS shall be capable of receiving results directly into Its database from interfaced
instruments. Sample Maste~ Pro UMS Electronic Data Entry Module supports importing data
directly from instruments into the LIMS. A TL has a instrument integration library which contains
most common instruments used in environmental testing laboratories.
Specific instruments and required processes are listed in section 3.0 -Interface Requirements.
A TL engineers have interfaced over 250 instruments and are familiar with the instruments listed
in section 3.0.
I. Bench SheetJWork Assignment
1. Work Assignment Features
The L1MS shall provide work assignment features for planning and scheduling the laboratory's
workload. Sample Maste,.e Pro L1MS Sample Scheduling module supports this feature.
These features shall take into account such data as:
. .Sample priority -Included
. .Maximum valid holding time - Included
. .Sample age - Included
@Accelerated Technology laboratories, Inc. - City of. Clearwater lIMS Proposal
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. -Due date - included
2. Work Assignment Reports
A work assignment report, selectable by the following criteria, shall be provided:
. -Identical analysis type - included
. -Individual analyst - included (WorkIist report by analyst)
. -Individual workstation - included
. -Instrument - Included
. -Date - included
3. Bench Sheets
The generation of the bench sheet shall be available upon request by a user or in a batch
process. Single and/or group selection for reprinting shall be available upon request The L1MS
shall provide the capability to create an additional bench sheet for samples received after the
original bench sheets were prepared. The ability to delete a sample or an analysis after it has
been scheduled shall also be provided. .
Sample Maste'- Pro LIMS generates bench sheets upon request by users and can be also be
generated In batch mode. Single and/or group aeleCtion for reprinting is available upon demand.
The LIMS has the ability to create additional bench sheets for samples that were received after
the original bench sheets were prepared. The ability to delete a samp/8 or an analysis after it has
been scheduled Is also provided.
4. Bench Sheet Flexibility .
Bench sheets shall be created for one type of test and associate all samples assigned to that test
to a bench sheet. as well as a bench sheet for one sample and all assigned tests.
Sample Maste'- Pro LIMS can create bench sheets for one type of. test and associate all samples
assigned to that test to a bench sheet as well as a bench sheet for one sample and all assigned
tests.
5. Bench Sheet Contents
Content of the bench sheet shall include, but not be limited to, the following characteristics:
. -Specific analysis format (e.g. description of analysis, sample name, location, identity, sample
date. analysis date, and name of analyst).
Sample Mas" Pro L1MS bench sheets contain the following Items: description of enalysis,
sample name, location, identity, sample date. analysis date, and name of analyst and are
also left open so that the database administrator can add additional fields or make
modifications as required.
. .Quality control samples: blanks, replicates and quality control spikes and standards.
Sample Maste'" Pro L1MS bench sheets can also contain Quality Control sample information
such as blanks, replicates, and Quality Control Spikes and Standards.
J. $talus Monitoring
1. Sample Status
The LIMS shall provide methods for monitoring sample status throughout the sample li~ycle.
Sample status codes shall automatically be assigned and updated by the system based on
. events or transactions occurring.
Sample Maste'" Pro LIMS provides a view sample status function that allows users to view the
status of their samples through the analysis process to final reporting. The statUI codel are
automatically a88lgned and updsted by the L1MS to allows users and managers to know exactly
where the samplel are In the laboratory.
2. Test Status
The L1MS shall provide a method to monitor test and analysis status. The status of tests assigned
. to a specific sample identification code shall have a direct bearing on the status of the sample
itself (e.g. a sample shall not be indicated as complete unless all assigned tests have a status of
complete.)
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Yes, Sample Master" Pro L1MS does provide a method to monitor test and analysis status.
Samples are not designated completed until all tests have been completed and results have been
entered into he L1MS and they have been validated and approved through the last department..
The laboratory can also utilize the auto-reporting feature in the LIMS to. automatically print the
reports once the results entered for the last test In the batch have been validated and approved.
3, Sample Status Codes
The L1MS shall provide codes to monitor sample status for the following conditions, at a
minimum:
. .Sample expected or logged, but not received -Included In Samj)1e Maste"- Pro L1MS
. .Sample received by the laboratory -Included In Sample Maste"- Pro LIMS
,.Sample has tests assigned that are in progress - Included In Sample Master. Pro LIMS
. .Sample has all assigned tests completed - Included in Sample Maste"- Pro L1MS
,.Sample results have been reviewed and verified - included In Sample Master- Pro L1MS
,.Sample data has received formal approval from lab management - included in Sample
. Master. Pro L1MS '
,.A recollection of the sample has been ordered - included In Sample Master" Pro L1MS
,.Broken sample container -Included In Sample Mas'- Pro L1MS under the comments field
so that analysts can enter the details about the sample disposition.
,.Custom status codes defined by the laboratory - this would be through customization, as
this is not a standard feature that customers can define their own codes as this would make
product support (including documentation) difficult.
4, Test Status Codes
The L1MS shall provide codes to monitor test and analysis status for the following conditions, at a
minimum:
,.Test is assigned to a bench sheet, and is in progress - "Master Query" function
,.Test is complete and results have been entered into L1MS - View Sample StatuI function
,.Test results have been reviewed - View Sample Status function
,.Test results have failed quality control- View Sample Status function
,.Test results have exceeded specified limits - Result Entry function and QAlQC
,.A re-test has been ordered for the same sample and test - Result Entry function
,.Test results have associated text or limits violations - Result Entry function and QAlQC
5, Sample Disposal
The L1MS shaUprovide a means for users to know when samples mayor should be disposed of,
Sample Master- Pro L1MS has an integrated disposal report that allows users to know which
samples can be safely disposed. This is a standard report that is available in the L1MS.
6. Customer Access
The L1MS should allow customers direct access (read only) to their data via the intemet or
customer call up. The clients should have a means to easily view their results, current and
historical,
Sample Master" Pro LIMS Includes a customer call-up function in which clients can access L1MS
data via a modem or other remote connection. ATL offers a module called Result Point designed
specifically to allow customers to print reports, vIeW sample atus, and access LIMS data
anywhere in the world where th.... Is 8n Intamet connection, securely utilizing SSL (Secure
SOcket Layer and electronic server certificates) with view only web access of results, permit limits
and much more. This 18 a sophisticated web module and will be included In the cost proposal as
an advanced option.
K. Test Result Management
1, Comments
The L1MS shall permit the entry of comments and/or coded comments, which may be inserted by
users in place of, or in addition to analytical result data. The UMS shall permit the user, at the
user's option, to enter an explanation in textual format to describe unusual conditions or
CAccelerated Technology Laboratories, Inc. - City of Clearwater L1MS Proposal
Page 13
circumstances. When test has been added to explain a test result, the L1MS shall indicate that
associated text exists.
Sample Maste~ Pro L1MS allows users to Insert comments in the LIMS and this can be entered
In the result field or In addition to the result In I comment area to document any unusuall'88ults,
or Iny other Infonnatlon that may be unique to the umple. When an additional test ha been
added to explain I test result the LIMS will Indicate that there is an ...octated test that exists.
2. Calculations
The system shall support calculations based on the results of multiple analyses and perform
reasonableness checks on the computed results. The number of significant digits for calculations
shall be user definable.
Sample Maste"- Pro L1MS supports calculations based on results of multiple analyses and
performs reasonableness QC checks on computed results. Sample Maste~ Pro L1MS also allows
users to set the number of significant digits for cala.Jlations.
3. Results Limits
Test data shall have associated results limits. The L1MS shall allow users to enter regulatory
limits such as MDLs and MCLs and associate sets of limits with each sampling location. Each
analyte in a limit set shall have as.saciated effective dates. These limits shall be used by the L1MS
transaction programs to check results being entered and flag the user, during result entry,
regarding adherence to the limits.
Sample Master- Pro LIMS links test date with result limits that the LIMS administrator has
previously set up. The LIMS allows users to enter regulatory limits such IS MOLs and MCLI and
associate a set of limits with each sampling location. ElICh analyle limit can be configured to have
an associated effective date, these limits are used by the LIMB to check results upon entry and
flag the user (via color code) during result entry to let the user know If the value entered Is within
limits, outside of the limits (wamlng) but stili acceptable or completely outside the limits and
unacceptable.
4. Multiple Limits Sets per Location
The L1MS shall include the ability to specify multiple sets of limits for each sampling location.
Each location shall have an associated primary limit set All other limit sets at a location shall be
c.onsidered as secondary limits.
Sample Maste~ Pro L1MS provides this functionality under project set up and each for project
and associated site the L1MS administrator can set up an associated primary limit set All other
limit sets at a location can be configured as secondary limits.
5. Test Result Review
The L1MS shall allow an authorized user to review test results. The review of test results shall be
permitted in multiple fashions: by individual test code. by individual samples and a range of
identification code(s), by analytical result date, sample collection date, result range and by bench
sheet. Results that are out of limit shaH be clear1y illustrated.
Sample Mas'- Pro L1MS Is configured to allow the database administrator to utilize peer review,
If desired. " peer review Is selected then the person that entered results Into the LIMS Is not
allowed to review and approve the results. The review of test results Is permitted in multiple
fashions, the result entry Is a three step proce&8, and first results must be entered, then validated .
and finally approved. Results can be retrieved by Individual test cod., by individual samples, and
a range of identification code(s), by analytical result date, sample collection date, result range,
and by bench sheet. Results that are out of user definable ranges. such as 1 and 2 sigma, can be
viewed in the QA/QC module.
6. Historical and Precision Level Comparisons
For assistance in reviewing and approving test results, the L1MS shall allow the user to read
historical results for sample locations and analyses. Precision levels of the analytical results
based on Quality Control results shall also be available to the user.
eAcceJerated Technology Laboratories, Inc. - City of Clearwater lIMS Proposal
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Sample Maste"- Pro LIMS QAlQC module allows user to view historical trends from projects,
. historical results can also be read from sample location. and analyses. The L1MS allows users to
. define all QA/QC types and also performs accuracy and precision..
7. Review Actions
The review function shall allow the following actions:
. -Reviewer indicates agreement or disagreement with the test result. - included
. -Reviewer requires a re-test, where a re-test is defined as a multiple of the original
performance of the test The results from a re-test shall be associated with the original
sample identification and test code. - included .
. . -Reviewer requests that the sample shall be collected from the same location again to rerun
the test.- included
This new sample will be associated with the original sample even if assigned a new sample
. number. - included
B. Review Actions Affect Status
Actions by the reviewer shall automatically update the status of samples and tests.
Sample Maste'" Pro L1MS automatically updates the status of the sample and tests, and the
analyses are completed and samples move through the laboretory to final analysis and.reportlng.
9. Significant Figures
The proposed L1MS shall automatically report numeric results to the number of significant figures
and decimal places specified by the ueer.
Sample Maste'" Pro LIMS automatically reports numeric results to the number of significant
figures and decimal places speclfiecl by the users and follows EPA rules.
. L. Data Validation
1. Validation at Data Entry
The validation of all data, including auality Control caC) data, shall be completed by the L1MS
immediately after entry, so that warnings and reruns are indicated to the users as soon as
possible. The L1MS shall prevent the entry of clearly invalid data in key data entry fielcls.
. Sample Maste'" Pro LIMS result entry and validation is a three step process, first results must be
entered, then validated and approved., this configuration ensures that any warnings and reruns
. are indicated to the users as soon as possible. The L1MS database administrators can set upper
. and lower limits to ensure that clearly invalid data are not able to be entered into the L1MS.
2. On-Line Help
An on-line help facility shall be provided with the L1MS. Help shall be available for each functional
. portion of the system, such that a user can request help information and then return to their
original position upon exiting the help function.
Sample Master- Pro L1MS has context sensitive, on-line help. This help Is available throughout
the LIMS and users can also hit the F1 key anywhere in the application and receive Information
on the screen that the cursor is currently located on without leaving the current function or screen
that they are currently WOrking on.
3. Peer Review
The L1MS must be able to force peer review and also have multiple levels of permissions.
Sample Master- Pro L1MS contains a peer review function that the L1MS administrator can turn
on or 'off and there are also multiple levels of permission.
M. Chain of Custody/Audit Trail
1, Chain of Custody Documents
eAccelerated Technology Laboratories, Inc. - City of Clearwater LIMS Proposal
Page 15
. Chain of Custody (COC) documents shall be produced by the LIMS for each sample bottle
collected. In general. the chain of custody may be printed In conjunction with the sample labels.
. An authorized user shall be able to reprint chain of custody documents on request
Sample Maste"- Pro lIMS can generate a chain of custody form for each sample bottle collected.
In general, the chain of custody fonn Is printed in conjunction with bottle sample labels.
Authorized users are able to reprint chain of custody documents upon request.
2. cae Appropriate to Sample Type
The chain of custody documents appearance shall be tailored to the specific sample. Sample id.
and barcode, location, sample type, preservatives required, special instructions, and tests
requested shall be printed on the chain of custody. The chain of custody document shall include
space for the sampler to write in dateltime collected, collector's name, field test results.
comments, and at least two signature/date lines for transferring sample custody. An authorized
iJser may modify the format and content of the chain of custody document
Sample Master" Pro LIMS database administrators have the ability to tailor the appearance to.
each specific sample. Sample 10, barcode, Ioc8tlon, sample type, preservatives required, special
Instructions, and testa requ.sted can all b. printed on the chain of custody. Th. Sampl. Ma.t....
Pro LIMS chain of custody form Includ.. .pace for the sampler to wrtte In dateJtlme collected,
collector'. name, field test results, comments, and at least two .Ignature/date IIn.. fortran.ferrlng
sample custody. The authorlz.d user or database administrator may modify the fonnat and
content of the chain of custody document. There are standard label formats Included In the LIMS.
3. Audit Trail for Changes
. The L1MS shall provide a complete audit trail of data entry and modification to maintain and verify
data integrity. Such fields as date, time, old data values. reason for modification, and responsible
party shall be recorded when data updates are made.
Sample Maste'" Pro LIMS has a full audit trail of data entry and any modifications to results that
have been approved will require an audit trail to be spawned. The audit trail will record the date
and time that the original result was entered, the date and time that the new result was entered,
who (analyst) entered each result,the old result, the new result and finally they must Include a
reason for the change or a message box will appear reminding them to do so.
N. Sample Approval
1. Final Approval
The L1MS shall provide a function for an authorized user to approve all associated sample and
test results data in order to complete the chain of custody requirements, and make the data
. available for use by other departments and in regulatory reports.
Sample Maste'- Pro L1MS has 8 function In the Data Entry module that allows authorized users
to approve all associated sample and test result data In order to complete the chain of custody
requirements and make the data available for use by other departments and In regulatory reports.
Users (with appropriate permissions) can also export data directty to Excel for regulatory
reporting purposes.
2. Multiple Approval Formats
The approval of sample data shall be permitted by Individual sample identification code, by test
type, by collection location, and by analytical result date.
Sample Maste~ Pro LIMS allows users to approve sample data in multiple formats that can be
retrieved via the ~master query- function in the LIMS. Users can pull up results requiring approval
by sample identification code (sample 10 number), test, department, collection location (site), and
by analytical result date and by several other criteria to offer the user flexibility and ease of use.
3. Management - Approval or Disapproval
This function shall allow a manger to indicate their approval or disapproval with the sample and
test result information. The L1MS shall permit the authorized user to disapprove a sample and its
associated data when it is discovered that some portion of the data requires a modification after
the original approval. This action shall be recorded in the chain of custody audit trail.
fJAccelerated Technology Laboratories. Inc. - City of CleslWater L1MS Proposal
Page 16
Sample Masmr8 Pro L1MS allows the laboratory administrators (with appropriate permissions) to
approve or disapprove the test result information. The L1MS does permit the authorized user to
disapprove a sample and its assOciated data when It is leamedthat some portion of the data
requires a modification after the original approval and this Is done through an audit trail if the
result has already been approved so that all test data can be viewed along with any changes to
that test data. All test results which are audited, store the chain of audit events in the audit log. If
samples are moved around the laboratory the internal chain of custody trail will track those as
well.
4. Protection of Final Management Approved Results
Once the final approval function has been completed, L1MS shall provide the ability to prevent
any further modifications to.the sample and its associated data.
Sample Maste"- Pro LIMS allows those with appropriate permissions only to validate and
approve samples, once this Is complete, then those which lack validation and approval
permissions will not be able to alter those results or any associated data.
O. Quality Control
1. Sample results with QC Sets
The L1MS shall provide a means of calculating, storing and retrieving Quality Assurance (QA)
data such as blanks, spikes, duplicates, % recovered and QC standards, and shall provide a
method of associating sample analysis results with a set of quality control data for specific
batches.
Samp/8 Maste~ Pro LIMS allows users to configure calculations in the LIMS and the QAlQC
module allows users to set up user-configurable QAlQC tests, such as blanks, spikes, duplicates,
% recovered and QC Standards and associates sample analysis results with the associated set
. of QC data for specific batches. Users can also generate control charts In this module.
2. QC Calculations and Graphical Reports
The L1MS shall include the ability to generate precision and accuracy data by calculating standard
deviation from replicate samples and QC standards. The L1MS shall construct and update QC
charts using standard deviation, QC standard trending. data validation through predefined ac
criteria, historical concentration ranges, and regulatory standards. Trending capabilities shall
include the tracking of consistent bias. ac Charts can be produced and printed automatically
based on a predefined trigger.
. Sample Maste"- Pro L1MS includes the ability to generate precision and accuracyd8ta by
. calculating standard deviation from replicate samples and QC standards. The QAlQC module
. contains integrated charting function using standard deviation. QC standard trending, data
validation through pnHiefined QC criteria, historical concentration ranges, and regulatory
standards; The L1MS includes trending capabilities and includes the tracking of consistent bias.
. QC Charts and associated reports can be produced and printed, faxed or e-mailed automatically
based on predefined logic In the task manager.
P. Statistical Analysis
1. Analysis and Graphics
The L1MS shall include or provide an easy interface to a standard product for statistical analysis
capability for historical trending and examination of L1MS data. Graphics capabilities shall also be
provided for display and reporting of statistical information. THIS MUST BE INTEGRATED INTO
THE UMS and CANNOT be from a 3rd party software provider.
Sample M8ste~ Pro L1MS contains an Integrated QAlQC module that allows users to create
control charts and view trends. Users can configure the QC that Is used In their laboratory with
matrix, spikes, duplicates, blenks, and several others. The QAlQC module Is user friendly and
contains context sensitive on-lIne help. No 3Rt party software Is required, 10 there Is no additional
cost or no additional software to leam, manage and maintain.
@Accelerated Technology laboratories. Inc. - City of Clearwater llMS Proposal
Page 17
2. Graphics
The graphics component shall be able to produce a variety of charts, plots and maps. The charts
should be labeled with all required information such as sample location, dates and parameters.
Sample Mast'- Pro lIMS allows users to create charta in the QA/QC module, plots and can plot
GIS coordinates with MapPoint (requires a copy of MapPoint version 2002). Users can also
. export to the Microsoft Office Suite (Word, Excel, Access, and powerpoint) to create any type of
custom graphs.
3. Interface Requirements
If the statistical analysis and/or graphics functionality are not part of the standard L1MS, a
seamless interface between a recommended product and the lIMS is preferred. If such an
interface is not available, the Proponent shall detail the procedure that will need to be followed by
. the user to use the statistical or graphical software in order to meet this requirement. .
A TL provides an integrated QA/QC module which was designed for the waterlwastewater
industry and includes 'all the required charts, feahlres and functions. The advantage is that users
do not need to learn. manage or maintain another software package.
Fot users that require more sophisticated statistical analysis (R&D scientists), such as liner
regression analysis, A TL also offers NWA active X controls (North West Analytical Statistical
Software) which is integrated into the LIMS and offered as an additional add-on module which is
offered on a per-user basis.
Q. On-Line Queries
)
1. Ad-Hoc Queries
End-users shall be able to quickly and easily retrieve logically related data, in an interactive.
environment, without the need for a detailed understanding of data storage and programming
techniques. A master query fonn Is required that allows users to create and save reports
with one click, from a choice of over 20 user defined fields that the user can select from.
Sample Master- Pro L1MS provides a user frtendly query builder that allows analyats and
managers alike the ability to quickly retrieve just the Information that they are interested In, and
. with the new .0ne-stepU function, users can also save these queries. The major advantage is that
users do not need any programming knowledge to utilize the query builder, all they need to do is
check the box which represents the information that they wish to retrieve and the L1MS returns
the requested information to the user and this query can be saved for future use, saving time and
reducing the number of user clicks. The master query screen also allows users to define field
names to their terminology to accelerate deployment and facilitate ease of use with over two
dozen fields to query upon.
2. Multiple Query Criteria
The L1MS data inquiry facility shall provide efficient retrieval of sample data based on sample
identification code, location, analyst name, date received. workstation or device. test, analyte,
result values, sample type, and sample status. .
Sample Maste'" Pro LIMS allows users with appropriate permissiOns to query the L1~S databasesby multiple criteria utilizing the Umaster query" screen. Users CIIIl rapidly access; sample
identification code, location, analyst name, date received, workstation or device, test, analyte,
result values, sample type, and sample status and much more. With the ability to save common
querles, Information retrieval Is even raster,
3. Structured Query Language Tools
End-user tools which use a SQL database (either Microsoft SQL Server or Oracle). The L1MS
shall provide the user with a query facility which supports nested query, table joins, and outer join
functionality.
eAccelerated Technology Laboratories, Inc. - City of Clearwater LIMS Proposal
Page 18
Sample Maste"- Pro L1MS is tightly integrated with SQL Server and the available tools extend the
LIMS functions and supports nested queries. OTS packages, table joins, other joins and much
more to ensure that our clients can leverage their L1MS functionality with the SQL components.
4. Standard Queries
The L1MS shall provide standard queries for, at least. a specific sample's associated data, all
results for a specific sample collection location, status of samples, status of tests being
performed, and all administrative or static data.
Sample Maste"- Pro L1MS provid8s queries for standard Items such as sample assoclated data,
all results for a specific sample collection location, sample status, status of tests that are under
analysis as well as administrative and static data. These queries.can all be generated from the
"master query. function and common queries can be saved under the one-step feature.
5. Multiple Output Options
The query function shall be capable of displaying query results on the user's workstation screen,
sending them to a printer or saving them as an ASCII file. Saved queries shall be exportable
through, or accessible from, OOBC drivers.
Sample Master. Pro L1MS will display the query results on the user's workstation screen sending
them to a printer or saving them as an ASCII file (text) file. Users with appropriate permissions
can export queries through ODBC connections and can also access links the same way.
. R. Information Reporting
1. Report Development
The CITY OF CLEARWATER WPC LABORATORY needs to generate State and Federal
regulatory reports, trend analyses, QAlQC charts and graphically formatted reports for
administrative planning purposes. The L1MSshall provide or recommend a third party report
development tool that is capable of integrating a wide variety of data types from multiple sources.
Information from the LIMS database shall be available for report generation. This reporting tool
shall include the following minimal capabilities: Sample Ma.... Pro L1MS supports Word, Excel,
Microsoft Access and Crystal as the report writing tool. Microsoft Access is the most popular and
,will be recommended to the City of Clearwater L1MS Administrator.
. "ODBC compliant - yes
."GUI development interface- yes
."Calculations such as total, subtotal, subtraction, addition, multiplication, division, average,
maximum, minimum, standard deviation, mean, median, and mode- yes
. .Format options such as font size and type. page headers and footers, number of signifICant
digits- yes
. . "Merging. graphics, charts and text into a single report- yes
. .Retrieve and integrate data from Microsoft Access databases as well as the L1MS database-
-yes
. "Create bar charts, trend lines, pie charts with retrieved data - yes
2. Pre-programmed Reports
The following set of pre-programmed L1MS reports shall be provided: There are over 70 canned
reports that are Included In Sample Mute'" Pro L1MS, thOle listed below are a ImlD subset of
those reports. Clients can also import their own organization logo.
. .Samples received for a user-specified time frame - yes
. .Samples analyzed for a user-specified time frame - yes
,.Test Results report, including comments - yes
. .Wor1< Backlog report by sample status - yes
. .Work Backlog report by due date (Sample Aging) - yes
. .Wor1< Backlog report by priority - yes
..Test results Out of Limits report - yes
,.Quality Control sample report - yes
@Accelerated Technology Laboratories. Inc. - City of Clearwater L1MS Proposal
Page 19
. .NPDESdischarge monitoring report - yes
. .Management Reports - yes
3. Workload Management Reports
Workload management reports shall be provided to assist with interpretation for work assignment, .
staff load balancing and laboratory performance. The following types of reports shall be provided
as part of the standard LIMS software: There are over 70 canned reports that are included In
Sample Maste~ Pro L1MS, those listed below are a small subset of those reports. Clients can
also import their own organization logo.
. .Sample Volume Report (number of samples processed) - yes
.. Test Volume Report (number of tests perfonned) - yes
..Turnaround Time Report from sample receipt to approval. summarized by analysis
. .User definable reports - yes
..Ability to save report to disk for submission to the EPA. - yes
.4. Reports should be generated for a sample automatically when:
. .AII analyses for a sample are complete - yes
. .Summary reports generated for predefined collection dates. analysis dates or customers. -
yes
5. Reports should be able to be e-mailed or faxed from within the L1MS application. - yes (also
. Includes luto-e-malllng and auto-faxing software built Into the LIMS, no external Fax software Is
required to purchase).
A. Electronic Instrument Interface
ATL has a library of over 250 instruments previously Interfaced with ATL's L1MS, all of the
instruments listed below are included In A TL's library and are available at a reduced rate. A TL
. also offers .
1. Provide data parsing files for the following instruments:
(1) PE Optima 2000 ICP-OES - parsers in the A Tllibrary
(2) PE Aanalyst 600, AA furnace - parsers in the ATL library
(3) Bran-Luebbe TRAACS 800 - parsers In the ATlllbrary
(4) Dionex ICS 2000, Ion Chromatograph - parsers in the ATL library
(5) Man-Tech PC Titrate - parsers in the ATlllbrary
(6) Man-Tech BOD Assay Plus - parsers in the ATL library
(7) Varian Satum 2000 GC/MS:'" parsers in the ATL library
(8) PE FIMS 100. Mercury Analyzer - parsers In the A TL library
(9) Any instrument with an RS-232 port - parser partnership with TalTech quoted cost per RS-
232port or Instrument (typically utilized with balances).
.2. Provide a method to uniquely identify each instrument - The A TL parsers do uniquely Identify
. each instrument that will be Importing data into Sample Mast~ Pre LIMS.
3. Able to receive and process analytical and quality control sample results from instruments.
ATL's instrument parsers do receive, import and process analytical and quality control sample
data from. instruments. The data is imported into the LIMS just as If it was hand-entered, so the
results will still need to be validated and approved.
B. Transferring Infonnatlon
. 1. Unique Device ID
In order for th~ L1MS to acquire test results from laboratory instruments, the L1MS shall provide a
method to uniquely identify each device.
eAccelerated Technology Laboratories. Inc. - City of Clearwater L1MS Proposal
Page 20
. Sample Maste"- Pro LIMS uniquely Identlflee each Instrument that will be importing dlta into
L1MS and provides a means to uniquely Identify each device that Is exporting data.
2. Direct Data Transfer .
The LIMS shall be able to receive and process analytical, and quality control sample results
directly from instruments which produCe final results while the instrument is operational and
without disrupting other L1MS users.
Sample Maste'" Pro L1MS can receive and process analytical and quality control sample results
directly from instruments which produce final results while the Instruments are operational and
without disrupting other LIMS users.
.3. Data Processing
After processing or data reduction, the L1MS shall be able to receive and process analytical and
quality control sample results from the PCs. The selected vendor shall provide the software
required to transfer the data to the L1MS.
Sample Maste'" Pro LIMS. Electronic Data Transfer module works with the parsers to Import
(receive and process) analytlc8l data and QC datil from the PC's to the LIMS SQL detabase. All
the software required to Import data from (Instruments listed above) Into the LIMS II Included In
the cost proposal.
A. Cost Accounting
1. CITY OF CLEARWATER WPC LABORATORY may wish to associate labor and/or material
cost with specific samples and analysis types. The L1MS shall provide, at a minimum, the ability
to associate appropriate accounting codes with the L1MS data. This function shall provide a
means (If tracking costs for analytical purposes regarding specific projects or cost centers. Project
specific pricing is required.
Sample Master- Pro L1MS allows users to associated labor and/or material cost with specific
samples and analysis types. Sample M"'" Pro UMS allows users to associate either costs or
accounting codes with L1MS test data. This function provides a means of tracking costs for
analytical purposed regarding specific projects or cost centers. Sample Maste'" Pro LIMS
supports project specific pricing.
2. The Proponent shall describe all accounting features available with their lIMS product.
Sample Mas"'- Pro LIMS has the abUIly to generate quotel and Invoices. There II also a built-In
export to QulckBooka Pro and Peachtree accounting packages. There II allo a time tracking
module that Is typically utilized by laboratories that are working on multiple projects and that need
to keep track of which projects they should charge their efforts to.
3. This should be an optional feature which can be turned on and off as required. It must not be
necessary to invoice samples. These features can be hidden or made IlIvallable In Sample
Maste'" Pro L1MS and the administrator can determine which users have the ability to use these
features and it Is NOT necessary to Invoice samples.
8. Chemical Inventory Module
.1. The L1MS shall include a chemical inventory module that can store the following information for
chemicals: vendor. chemical name, received date, amount, lot number. catalog number,
expiration date and disposal date.
Sample Maste~ Pro L1MS has a chemical and reagent inventory module that stores Information
for chemicals, such as the vendor, chemical name, received data, amount, lot number, catalog
number, expiration date and disposal date.
2. The inventory module should be able to estimate chemical usage based on predefined
quantities used per sample analysis.
~ccelerated Technology Laboratories, Inc. - City of Clearwater L1MS Proposal
Page 21
Sample Maste~ Pro LIMS chemical and reagent inventory module can also let users know when
they are running low on specific supplies and can perform a reconciliation based on usage and
pre-cleflned quantities utilized per analysis.
C. Personnel Module
1. The L1MS shall be able to track personnel certification and training.
Sample Mas~ Pro LIMS Resource Management Module tracks employee certifications as well
as training records and the L1MS administrator can control access to employees that can enter
results into the system based on the successful completion of training on a particular test, method
or on an instrument
2. The L1MS should be able to provide notification that training is due.
Sample Masts'" Pro L1MS Resource Management Module contains a canned report that provides
notifications that training Is due.
D. Equipment Maintenance Module
1. The L1MS should provide the ability to track instrument calibrations.
Sample Maste'" Pro L1MS Resource Management Module allows customers the ability to track
instrument calibrations and warns users when instruments are out of calibration and can be
configured not to accept data from out of calibration instrumentation.
2. The L1MS should provide the ability to track instrument repairs.
Sample Maste~ Pro L1MS Resource Management Module provides the ability to track instrument
repairs. .
E. Portable Data EntlY Tennlnal
1. The L1MS shall be able to supply a portable data entry terminal hardware and software that can
be used for sample collection and entry of field data such as chlorine residual and pH.
Sample Master" Pro L1MS Is Integrated with Sample Mute'" Palm which allows field collectors to
enter field data (such as turbidity, pH, chlorine residual, etc.) and upload that data upon return to
the labora1ry.
2. Entries should contain a date/time stamp and be able to be downloaded into the L1MS.
Sample Maste"- Palm software Installed on the rugged Palm contains a date and time stamp that
can be downloaded to the L1MS along with the field data.
3. The L1MS vendor should supply all necessary hardware and software.
The cost proposal will include the ..
Sample Maste'" Pro Palm Rugged unit with built in scanner and all necessary hardware and
software and cables will be included in the cost proposal.
F. LIMS Explorer for Web Access .
1. The ability for remote users to retrieve data from a remote site via a secure link to a web page.
Sample Maste~ Pro LIMS Explorer with Result Point allows users to access data via a secure
web site and view sample status and print pdt read only reports.
2. Allow users to create queries "on the fly" to retrieve a variety of infonnation using a "master
query" concept
Sample Maste~ Pro allows users to create XML reports on the fly pulling Information from the
L1MS so that the results are updated in real time. Users can also search by site or customer.
Mccelerated Technology Laboratories, Inc. - City of CleafW8ter LIMB Proposal
Page 22
3. The L1MS explorer must be tightly integrated with the L1MS and have the same "look and feel'
as the L1MS and be easy for non-LIMS users to navigate.
Sample Maste"- Pro Result Point allows customers to Integrate their logo and has a consistent .
look with the LIMS. online help documentation and is very easy for non-L1MS users to navigate
and look up their data. .
4. The UMS should have web database architecture 80 that remote users can access
sample status. manage wastewater permit limits, and generate reports. This .. critical In
the event of a &tate emergency to allow remota users to obtain sample data Instantly.
Sample Maste'- Pro Result Point has a web database architecture which allows remote users to
view sample status, manage and view wastewater permit limits, generete XML reports on the fly
and also linked pdf final analysis reports.
. A. Technical Support
1. The Proponent shall provide support for all software products included under this contract.
. Prior to Final Acceptance, the Proponent's support staff shall respond within two to four hours to
ali support calis placed during normal business hours, 8:00 a.m. to 5:00 p.m. Eastern Standard
Time, Monday through Friday. Support calls placed after normal business hours or on Saturday
and Sunday shall be responded to within four hours on the first regular business day following
notification.
ATL will provide support for all software products Included under this contract. ATL engineers will
respond to all support inquiries within two to four hours during normal business hours, 8:00 am to
5:00 pm EST, ATL also offers support untl18:00 pm EST at no additional cost. Any support calls
that are placed on Saturday or Sunday, will be be responded to within four hours on the first
regular business day.
2. One year of support shall be provided under this contract (from L1MS System Formal
Acceptance date). The suppOrt agreement shall be renewable on an annual contract basis.
One year of ATL GOLD support will be included In the cost proposal and the agreement Is
renewable on an annual basis.
3. The Proponent shall provide a toll-free telephone number for support calls.
ATL provides toll-free support to clients with ATL GOLD support for Sample Maste'- Pro L1MS.
4. The Proponent shall have local and/or national user groups for each software product identified
in their proposal.
ATL holds user groups meeting in various locations throughout the United States and Europe.
ATL also holds regular focus group meetings with industry leaders in the water and wastewater
area.
5. Have remote diagnostics, bulletin boardlintemet support
The secure A TL support site Includes white papers, 8 knowledge base, a bulletin board where .
users can share reports and code, remote diagnostic and Internet support.
6..The L1MS vendor shall provide an assigned L1MS account manager.
A TL GOLD support Includes a dedicated account manager so that clients have 8 single point of
contact.
7. The L1MS vendor should be a Certified Microsoft Solution Provider for more than 5 years and
. be ISO 9001 certified.
ATL was the first L1MS vendor to be certified to the new ISO 9001:2000 standard and is audited
regularly to maintain cartification. What this means to clients is that A TL has a audited Quality
CAecalerated Technology Laboratories, Inc. - City of Clearwater L1MS Proposal
Page 23
l:..ll
Management System in place that is audited internally each month and externally on a regular
basis.to ensure that ATL delivers the highest quality software to ifs clients. ATl is al80 a
. Microsoft Certified Partner (8 years) which means that ATL engineers pass Microsoft Certification
Exams and that A Tl receives priority support from Microsoft and a box of software each month
from Microsoft of the latest software fixes. In addition, ATl serves as a beta site for many new
Microsoft products.
B. Upgrades/Fixes
1. Functional fixes to the software shall be provided as they are released at no extra cost.
Supporting documentation for hardware and software reflecting modifications shall be supplied,
when necessary. at no extra cost
Sample Maste"'" Pro A TL GOLD support includes free software service packs and supporting
. documentation for all supplied hardware and software.
2. For as long as CITY OF CLEARWATER WPC LABORATORY maintains an active support
agreement, upgrades and enhancements to the software shall be provided automatically at no
additional cost. Supporting documentation for software reflecting upgrades and enhancements
shall be supplied at no extra cost. .
. ATL shall provide Sample Master- Pro LIMS upgrades and enhancements to the software
. automatically at no additional cost as long as the City of Clearwater maintains active support.
Supporting documentation for software reflecting upgrades and enhancements shall be supplied
at no extra cost.
3. Software service packs should be available for download from the vendor's website. Upgrades
should pull in any new features that were added by the laboratory, these should not be
overwritten by updates.
The ATL development team will place Sample M.... Pro LIMS service packs on a secure web
site available for download from A TL'. secure web Bite. Any new features that were added In by
users will NOT be overwritten but will be pulled Into the new version.
Supporting documentation for software reflecting upgrades and enhancements shall be supplied
at no extra cost.
A TL will supply supporting documentation for software reflecting upgrades and enhancements to
Sample Maste'" Pro LIMS at no additional cost.
C. Documentation
1. The Proponent shall provide complete hard and soft documentation for the L1MS application
and the instrument interfaces. This shall include instaUation Instructions, system administration
and maintenance, technical reference and users manuals and any other manuals relevant to the
selected L1MS application.
ATl will provide complete hard and soft documentation for the Sample Maste'" Pro llMS
application and the Instrument interfaces. This will include installation instructions, system
administration and maintenance, technical reference and users manuals and any other manuals
relevant to the Sample Ma.te"- Pro lIMS application.
2. A simple step-by-step users manual shall be provided for the end users and administrators.
A Tl provides easy to follow end-user and database administrator training manuals written In plain
English and A Tl provides both hard copy and electronic pdf copies.
--
A. L1MS System
1. The L1MS Supplier shall provide the services of qualified L1MS start-up and training teams, who
shall work closely with the staff of the City of Clearwater to accomplish the custom configuration
eAccelerated Technology Laboratories, Inc. - City of Clearwater LIMS Proposal
Page 24
of every aspect of L1MS planning, configuration, database design, implementation, start-up,
. custom equipment interfaces, troubleshooting and training to assure the system is fully
operational and complete. The L1MS training should be a minimum of three (3) days for each of
two (2) groups of people plus two (2) additional days for managers, or sufficient additional time to
assure that the staff Is well trained in every aspect of the LIMS system.
ATL will supply Initial Installation services and provide start up teams with ATL's certified trainers
who will work closely with the staff of the City of Clealwater to accompliSh the custom
configuration of every aspect of LIMS planning, configuration, database design, Implementation,
and start up, custom Instrumentation interfaces, troubleshooting and training to ensure the
system is fully operational and complete. The L1MS training will consist of 3 days for each of 2
groups of people (up to 5 at no additional charge) and 2 additional days form database
administrators/managers. Additional end-user and DBA training can be purchased from ATL, ATL
offers, welrbased training, a L1MS boot Camp (hands on training), in Pinehurst, NC and in Myrtle
,Beach, SC for LIMS end-users (3 day class) as weD as LIMS administrators (2 day class). ATL
also offers additional on-site custom training on clienrs site.
2. Initial training shall be conducted on-site at CITY OF CLEARWATER WPC LABORATORY.
Follow-up training can be provided on-site or at regional training centers.
A TL certified trainers will provide on-site training to the City of Clearwater WPC laboratory and
A TL also offers follow-on training at the L1MS Boot Camp, held In Pinehurst, NC and Myrtle
Beach, South Carolina.
. 3. The selected Proponent shall provide all instructors and instructional material including
trainees' workbooks, instructor guides, training aids, equipment and technical manuals.
ATL will provide all Instructors (ATL Certified Trainers), Instructional material, Including trainees'
workbooks, Instructor gulcles, laminated quick start guides, training aids and equipment and
technical manuals.
.4. The selected Proponent shall coordinate with CITY OF CLEARWATER WPC LABORATORY
regarding use of facilities if courses are to be held on-site. Equipment and software that are
provided as part of this contract may be utilized for training, provided they are not adversely
.. affected. Any equipment or software modified for training by the Proponent shall be restored to its
original condition. .
A TL engineers will coordinate with the City of Clearwater WPC Laboratory regarding the use of
facilities if courses are held on-site (hands-on in the laboratory or a training room). A TL will utilize
equipment and software that are provided as part of this contract may be used for training as long
. as they will not be adversely a~. Any equipment or software that is modified for training will
be restored to its original condition following the training.
· 5. Courses that include general programming eJements shall provide instruction such that the
attending student will be capable of programming related softWare applications and/or
modifications without guidance, or with only minimal supervision. This requirement applieS only to
the software supplied by the LIMS Proponent .
ATL will provide Instruction on any general programming elementa that are part of the L1MS so
that the student will be able to manage and maintain tha system with minimum programming skill.
This does not apply to the report writing software, only the L1MS software that is supplied by ATL.
6. At a minimum. required courses are as follows:
. .End-User Training- Provide training sessions on-site that instruct 10 end-users in the overall
use and operation of the L1MS application software. Training is to be provided in three
Separate sessions.
A TL Certified Trainers will provide on-slte training sessions that include 10 end-users in the
overall use and operation in Sample M~ Pro L1MS software. Training will be provided in
three separate sessions.
lClAccelerated Technology Laboratories, Inc. - City of Clearwater L1MS Proposal
Page 25
. 'System Administrator Training-Provide training on-site for two (2) owner designated
personnel who will act as system administrators for the L1MS computer configuration and
applications. The training shall include L1MS administration tasks, software management
functions and computer security. The training shall also include complete system back-up
and reload procedures. file. management utilities and system generator procedures.
ATL Certified Trainers will provide training on-site for 2 owner designated personnel who will
act as system administrators for the Sample Mas'- Pro LIMS computer configuration and
applications. The training shall Include L1MS administrator tasks, software management
functions and L1MS and computer security. The training shall also include complete system
back-up and reload procedures, file management utilities and system generator procedures.
. 'Course outlines for end.user and administrator training is to be submitted.
Please find at the end of this section Admin and End-User Training Guides Tables of
Contents which provides an outline for what is covered during Admin and End-User Training.
The Table of Contents from the User Manual Is also included. These classes are taught by
A TL Certified Trainers, engineers must pass a rigorous training program and an exam to
achieve this status.
7.0 Installation Service.
A. Services
The Proponent shall provide installation and startup services including loading required software
on the L1MS server, client workstations, and instrument PCs. and creating all necessary custom
command files to automatically activate the system upon startup.
ATL will provide Installation and startup services including loading required software on the LIMS
. server, client work!Jtations, and Instrument PCs, and creating all necessary custom command
files to automatically activate the system upon startup.
. B. Documentation
Complete hard and soft copy documentation of the LIMS application software and the instrument
interfaces shall be provided to the users by the time of installation. This includes users and
reference manuals.
. ATL will provide both hard and soft (electronic - pdf) copy documentation for the Sample Master8
Pro L1MS application software and the instrument interfaces shall be provided to the users by the
time of installation. This will include the user and reference manuals.
CAccelerated Technology Laboratories. Inc. - City of Clearwater LIMS Proposal
Page 26
D. An organization chart ~ng the project teem that will perform the work
on the entire project and 8 brief description of the qualifications and
experience of each team member, their titles. length of service with the firm .
and a resume..
Accelerated Technology Laboratories, Inc. prides itself on providing its clients with a total data management solution and a
commitment to excellence in product quality, support and training. ATL hires experts in the fields of chemistry. laboratory
information management, microbiology, project management. software design and development. ATL's staff has extensive
experience in the L1MS setuP. implementation. database conversions and system validation. No subcontractors will be used in
this project.
City of Clearwater
@1994-2005 Accelerated Technology laboratories. Inc. All rights reserved,
SAMPLE8MASTER4
ATL UMS Project Team for the City of Clearwater - Roles and Responsibilities
Don Kolva
Project Manager/
Seven Lakes, Mr. KoIva has over 16 years in the automation
NC and L1MS Industry.
Lead
Implementation
Specialist
Mr. Kolva has participated in over 120
installations of Sample Master8 products and
has over 10 years of Sample Master8 L1MS
implementation and support experience.
Christine Account Manager
Paszko, Ph.D.
West End, NC Dr. Paszko has over 17 years of laboratory
experience and has participated in over 60
Installations of the Sample Masterla L1MS
product line.
Dr. Paszko has a B.S. In Medical TechnoloirY'
. with a minor in microbiology and a Ph.D. in
molecular microbiology with a minor in
biochemistry from the University of Maryland.
She completed IU8duate coursework in
business management. Informatics and
business management at Stanford University,
Stanford, CA.
Steve
Rayburn
Implementation
Speclalist/
West End.
NC
Mr. Rayburn has a B.S. In Chemistry from the
University Vlreinia. He has worked for 18 years
as an analytical chemist at several
environmental testing laboratories while serving
as Laboratory Supervisor/Manager for 14 of
those years. He has also served as a laboratory
auditor and trainer in the wastewater industry.
Director of Training
and Validation
Experienced in L1MS from the analytical chemist
perspective with expertise in evaluating
laboratory performance and providing training
to achieve laboratory improvements.
Understands the needs of the analytical
chemistry laboratory first hand which is critical
to a successful L1MS implementation.
11:>1994-2005 Accelerated Technology laboratories. Inc. All rights reserved.
SAMPUQMA$lER-
The L1MS project manager Is
responsible for managing aU
project activities and
assigning resources.
/Is Lead Implementation
Specialist responsible for
overseeing installation and
conflguratlon of Sample
Maste'" Pro L1MS.
The L1MSaccount manger Is .
responsible for all contractual
obnptlons, reviewing
milestones, work plans,
.deliverables and providing
answers to any client
questions.
This Individual is also
responsible fO( serving as a
single point of contact for any
project Issues and their
successful resolution.
/Is Director of Training and
Validation, Mr. Rayburn
oversees training of both
clients as well as ATL
employees and develops
customized training tools and
proarams. In addition, .
oversees and directs the
vaUdation and testing of ATL
products and customized
additions to those products.
/!os implementation specialist.
responsible for installation
and configuration of Sample
Maste~ Pro UMS.
Name PI'OJcct Titlc OfflCt' t \P.:flc'llCC f\L:SPOIlSI tJ11 :tles
Loc-:Jtlorl
Mike Kelly Director of Product Seven Mr. Kelly is an accomplished, solutions-focused Mr. Kelly is ATl's Director of
Development Lakes. NC software engineer and developer with over 19 Product Development. His
years experience in UMS solutions and extensive experience in UMS
laboratory automation. Mr. Kelly was enables him to guide ATL's
responsible for the inteirlltion with enterprise product development
SCADA systems and DMR reporting. strategies.
Mr. Kelly has extensive expertise in all aspects of
UMS IT support, networking, and custom
programming.
Anson Implementation Seven Mr. Ellstrom has a B.S. in Computer Science As Implementation Specialist
Ellstrom SpecialiSV Lakes, NC and has over 3 years of Sample Master" L1MS and Software Engineer. Mr.
implementation and support experience. Ellstrom is responsible for
Software Engineer installation and configuration
of Sample Maste" Pro L1MS.
Also responsible for aSSisting
in providing technical
, Mr. Ellstrom has participated in over 25 support, L1MS product
installations of the Sample Maste~ Pro L1MS upgrades, enhancements
products. and customizations.
Russ Instrument Sparks, NV Mr. Vranken has a B.S. Degree in Computer As Instrument Integration
Vranken Integration Information Systems and a Minor in Business Specialist and Software
SpecialisV Administration. Engineer, Mr. Vranken is
Software Engineer responsible for providing
instrument integration,
technical support. UMS
Mr. Russell Vranken has over 6 years of Sample product upgrades,
installations. enhancements
Master" lIMS Implementation and support and customizations.
experience and has participated in over 37
installations of the Sample Master~ products as
well as Screenl"f"M L1MS.
@1994.2005Accelerated Technoloi!,Y laboratories. Inc. All rights reserved.
SAMPlEQMASTER'
Nallle Pro;ecl Title Off let:: LXf.\ r l III t' ReSpOllsltllllt1es
Location
Fred Rider Senior Software Seven Mr. Rider has over ;31 years experience in As Senior Software Engineer.
Engineer Lakes, NC computer science and automation. Mr. Rider oversees the
design and development of
Mr. Rider has extensive computer expertise and the Sample Maste~ L1MS
has worked In numerous IT positions. His product line, testing/quality
qualifications include a B.S. in Computer assurance functions on All,
Science; he is a Certified Microsoft Professional, Inc.
and a Certified Novell Netware Administrator
(CNA). L1MS software, procedu res
and practices.
Mr. Fred Rider has participated in over 30
Installations of the Sample MasterS Products
and has over 5 years of Sample Maste~
implementation and support experience. Provides customization to
the Sample Maste~ L1MS
product line and assists in
installation, product support
and train in&!: of end-users.
David Implementation Seven Mr. Schlabach has a B.S. in Computer Science No Implementation SpeCialist
Schlabach SpecialisV Lakes, NC and has over 8 years of computer software and Software Engineer, Mr.
implementation and support experience. Schlabach is responsible for
Software Engineer installation and confiiuration
Mr. Schlabach has participated in over 15 of Sample Maste" Pro L1MS.
,. installations of the Sample Maste~ UMS Also responsible for assisting
products. in providing technical
support, UMS product
upgrades, enhancements
and customizations.
Rebekah Software Engineer Seven Mrs. Johnson has over 6 years experience in the No an AIL Software Engineer,
Johnson Lakes, NC L1MS industry. She graduated from Louisiana Mrs. Johnson is responsible
State University with a B.S. In Information for providingtechnical
Systems and Decision Sciences. support, specification
document management,
L1MS product upgrades;
enhancements and
customizations.
BillUlma Software Engineer Newton, NJ Mr. Ulma graduated from the Rochester Institute No an AIL Software Engineer,
of Technology - Computer Mr. Ulma is responsible for
Engineering/Information Technology in 2001. providing technical support,
product upgrades,
Mr. Ulma has six years of extensive experience in enhancements and
Rapid Application Development (Delphi. VB), customizations on Sample
Multimedia Design (Flash, Photoshop, After Maste'- Pro UMS and Result
Effects, Premiere, Illustrator & Freehand), Web Point.
Development (HTM!.. ASPjVBScript.
DHIML/Javascript, XML/XSlT, CSS), Database
Development (Paradox, Microsoft SQl Server,
Microsoft Access, Oracle. FoxPro), and Misc
(UNIX Shell Scripting, Eiffel).
@1994.2005AcceleratedTechnology Laboratories. Inc. All rights reserved.
SAMPU81WTE1"
Donald J. Kolva, P .E., MCP
Background Over 16 years in the automation and L1MS Industry. He currently serves as the.
President of Accelerat8d Technology Laboratories, Inc. and has done so for the
Summary past ten years while developing Advanced Laboratory Infomation Management
Systems based on the best available technology. Mr. Kolva has extensive
expertise in database design, data management and instNment Integration.
He served as the systemILAN administrator for four years at the largest water
quality laboratory in the US which involved In Installation, maintenance, and
troubleshooting for an Orade-based L1MS implementation, and managed, MS-
DOS, WII1doWs1101 and Macintosh systems. Six additional years were spent as a
software engineer developing software applications, instrument Interfacing and
integration programs in research centers supporting of NASA and US NAVY
croi8cts in Washington. DC. with a secret securitv dearance.
Education B.S. Mechanical Engineering, Computer Science Minor- State University of
New York
Englneer-In- Training
Professional Engineer, California
Graduate Coursewerk In Acoustics and Computer Science, Catholic University
Microsoft Certified Professional
MBA Course work at Laverne University, CA
Awards Sustained Superior Perfonnance Award, December 1987, David Taylor
Research Center, USN NSI Employee Innovation Award, December. 1998
and January 1999.
Experience President of Accelerated Technology Laboratories, Inc., West End, NC.
Mr. KoIva has extensive LIMB expertise and has been an invited speaker at
several professional meetings In the water industry and has published over a h.1f a
dozen lIMS articles. He has previously worked as a Sr. ChemistJLlMS Manager In
the Laboratory Automation Department at the Metropolitan Water Distrld, laVerne,
CA. He has also worked extensively in laboratory and testing automation while
employed as a Senior Software Engineer, Radix Systems, Inc., Washington, DC
and as a Software Engineer, Davlc:l Taylor Research Center, US Navy. Bethesda,
MD.
Broad Experlence.ln:
- Computer network design
- Laboratofy d88ignll.IMS development
- L1MS Software configuration and maintenance
- Software and System Validation
- Technical writing
. Data migration
. Data loggers, handhelds. and wireless technology
. Creation of EDD's (Electronic Data Deliverables in XML)
- NELAC. GALP. ISO regulations
- Integration with enterprise systems (ERP, statistical, accounting, etc.)
- End-user llMS Training
- DBA Training
- Measurement techniques
- Analytical method devetopment
- Visual Basic, MS Access, C, C++, SaL Server. and ORACLE
. Visual Baslc.Net
- Troubling shooting network issues
- DEC Pathworks and Banyan Vines LAN software
- UNIX and VAX. systems'
- TCP/lP, Novell, Ethernet
NOTE: Mr. Donald KoIva has participated in over 120 installations of the Sample
Maste'" Products.
Background
Summary
Education
Experience
Christine Paszko, MT (ASCP), Ph.D.
Dr. Paszko currently serves as a VIce pfesident of Sales and Marketing for Accelerated
Technology Laboratories. Inc. and aids in the mari(etlng Intelligence for the development of .
Advanced Laboratory Information Management Systems based on the beat available technology.
She also has extensive LIMS, project management and implementation experience.
She has over 17 years of laboratory experience and has used and implemented several L1MS and
LIS systems in her career. She has extensive environmental laboratory experience. while
attending the University of Marytand she was responsible for environmental monitoring and
performing several miaobiological indoor air quality and water quality analyses. She also has
extensive Industry experience and was responsible for developing and bringing to market
molecular based technologies for environmental pathogen monitoring. She has demonstrated
project management skills, having managed a 2.3 million budget at ABI. numerous Grants and a
CRADA with the USEPA. Dr. Paszko has authored over 3 dozen articles and book chapters. many
on L1MS. She has co-authored a book entitled Laboratory Information Management Systems.
second edition in SeDtember 2001. . .
B.S. Medical 'Technology with a minor in Microbiology and a Ph.D. in molecular microbiology with a
minor in biOChemistry from the University of Maryland.
Graduate coursewort< In. business management, Informatics and negotiation skills at Stanford
University, Stanford, CA
Dr. Paszko has been employed at Accelerated Technology laboratories. Inc. since 1998 and was
originally hired as the Director of Sales and Marketing to oversee the Sample Master. L1MS
product line and manage the sales team. She was recently promoted to her current position where
she Is responsible for overseeing worldwide sales, marketing and buslneas development functions.
She also oversees user meetings and focus groups held regularly to ensure that ATL products
continue to meet Bnd exceed our customer's expectations.
Dr. Paszko has worked as a medical technologist. molecular microbiologist and laboratory
manager with over 17 years of laboratory experience. She was previously employed at Perkin
Elmer Applied Blosystems Ine. and was the group leader for the food and environmental group and
supervised 1 B scientists and marketing professionals. Responsibilities included the development
of PCR-based diagnostic kits for the rapid environmental detection of food and waterborne
pathogens such as Sa/moneRa, E. coI/0157:H7, Giardia and Cryptosporidium. Also secured 250K
in funding from NASA to development portable PCR units for the space station utilizing the
TaqMan technology developed at Roche. Also worked on informatics for high density oligo arrays
and on BioLlMS.
Broad Experience in:
- Regulatory issues CFR 21 part 11, HL7, CLlA, CAP
- NELAC. GALP, ISO 9001 regulations
- Laboratory and Project Management
- Microbiology (HPLC. PCR, LCR, Mab development)
- Laboratory Safety
- Bloterrorism Preparedness Training (information management)
- Laboratory Standard Operating Procedures
_ Barcodes, scanners, label printers and biometrlc 10
- Project and AocoLl\t Management
- Contract Management
- L1MS and L1MS implementation
- End-user training
- Quality planning
- System and Software Validation
- ATL's ISO 9001 Management representative
- Microsoft OftIce 97. 2000 and XP
NOTE: Dr. Paszko has participated in over 60 installations of the Sample Master8 L1MS
product line and NeoMate 1M L1MS.
Steve Rayburn
Background Over 18 years In the laboratoryl UMS industry. Currently serves 88 Director of
Training and Validation at Acc:eJerat8d Technology Laboratories, Inc. and aids
Summary In the development of Advanced Laboratory Information Management Systems
based on the best available technology.
Extremely fluent in most PC environments, including MS-DOS. Windows 95,
98, Windows NT 4.0, Windows 2000 and XP. experienced in Laboratory
Information Management Systems from the analytical chemist perapecttve with
expertise in evaluating laboratory performance and providing training to achieve
laboratory improvements. Understands the needs of the analytical chemi,try
laboratory first hand which is alical to a successful L1MS Implementation.
Education Bachelor of Science: Chemistry
University of Virginia
Postgraduate work In Science Education at University of Virginia
Experience Mr. Rayburn has extensive Chemistry and L1MS implementation experience.
He Is currently responsible for maintaining and Improving the current ISO
certified Training and Software validation program III A TL, Inc. Prior to this he
worked for 18 years as an analytical chemist III several environmental testing
laboratories while 88IVing 88 Laboratory SupervisorlManager for 14 of those
years. He has in-depth experience in the customlzatlon and implementation of
UMS in addition to his management responsibilities.
Broad Experience in:
- Environmental chemistry and analytical instrumentation
- Laboratory designlLlMS development
- L1MS Software setup and maintenance
- NELAC. GAlP, ISO, EPA regulations
- L1MS and Laboratory Training.
- Measurement techniques
- Analytical method development
- Method validation
. Laboratory Auditing
- L1MS Implementation
. Laboratory SOP writing
. L1MS report customizatlon
- Review of various UMS systems, design and research costs of
computer network system. and development of business plan for
expected expansion.
Professional Affiliations:
- Fonner chair of NC AWNA , WEA Laboratory Analyst Committee
. Assodate member Commercial Laboratory Association of North
Carotina (CLANC)
. Member of Guilfon:l County Emergency Management Science
Advisory Group
. lnatrudor at North Carolina Annual Wastewater Operators School in
Chapel Hill. NC.
- Varian GC troubleshooting and repair certified
. Quality Assurance I Quality Control training by US Environmental
Protedion Agency
Michael Kelly
Background Mr. Kelly Is an accomplished, solutions-focused software developer with over 19 years .
Summary experience In UMS solutions and laboratory automation. Previously, Mr. Kelly was the
Director of Technical Development at Perkin Elmer Labworks, where as a major developer
he designed and developed lIMS software. Mr. Kelly has extensive expertise In all aspects
of UMS IT support. networking, and custom programming. His extensive experience in
L1MS enables him to guide All's product development strategies.
Education and · Associate of Applied Science. Texas State Technical Institute, Hallingten, Texas
. Basic Project Management
Training . Technical Writing for Busy Professionals
. John Maxwell Leadership Course
. Miaoaoft Certified Systems Engineer Training - University of Phoenix/Baton Rouge
. Miaoaoft Technical Conferellce
. Visual Basic Insiders Technical Summit
Experience Director of Product Development, Accelerated Technology Laboratories, Inc.
Seven Lakes, HC. Mr. Kelly guides All's product development strategies.
Previously, Mr. Kelly was a software engineer for Innovative Emergency Management, Inc.
where he served as a Project Manager and designed and developed custom software.
As owner of Advantekx, Mr. Kelly displayed expertise in all espeets of IT support.
networking, and custom programming. He configured new computer systems, installed
software, and provided clear instructions to ensure client satisfaction. Created WAN of
individual networks within 9 nursing home facilities located in Louisiana and Arkansas.
In addition, Mr. Kelly spent fourteen years of progl8S8ive responsibUity and achievement at
Perkin Elmer Labworks. As Director ofTechnical, Mr. Kelly was a major developer. He
designed and developed software within a laboratoryILIMS environment He maintained all
Infonnatlon technology and trained new employees.
At the Shell Development WesthoIIow Research Center, Mr. Kelly was a Laboratory
Specialist and perfonned research and development in Beverallaboratory surroundings
including spectroscopy lab, x-ray fluorescence and neutron activation lab and organic
elemental lab. He served as liaison between software support and testing groups.
Broad Experience in:
- Computer network design
- Laboratory design/LIMS development
- L1MS software configuration and maintenance
- Software and system validation
- Technical writing
- Data migration
- . Data loggers, handhelds. and wireless technology
- Cfeatlon of EDD's (EIedronIc Data Deliverables in XML)
- NELAC, GALP, ISO regulations
- Integration with enterprise systems (ERP, statistical, accounting, etc.)
- End-user L1MS Training
- DBA Training
- Measurement techniques
- Analytical methocI development
- Visual Basic, MS Access, C, C++, SOL Server, and ORACLE
. Visual Basic.Net
- Troubling shooting network issues
- DEC Pathworks and Banyan Vines LAN software
- UNIX and VAX systems
- TCPIIP, Novell, Ethernet
Frederick T. Rider, MCP, CNA
Background Over 32 years experience In computer science and automation. Cunently
seNeS as the Senior Software Engineer/QA tor Accelerated
Summary Technology Laboratories. Inc. while aiding in the development of Advanced
Laboratory Intonnation Management Systems based on the best available
technology.
Assists in the design and development of advanced data management systems
and performs Inspec:tion and testing/quality assurance functions on All, Inc.
UMS SC)ftwa... procedures and practices. Provides customization to Sample
Mast"- UMS product line ancs assists in installation, produd support and
training of end-u88f'8. Provides input and assistance in writing technical
manuals tor version upgrades.
Education B.,S. in Computer Science '
Chapman University, Orange, California
Microsoft Certified Professional
Certified Novell Netware Administrator (CNA)
Awards Awarded the Meritorious Service Medal for outstanding management of the
Wing Weapons Maintenance Program.
Experience Senior Software Engineer, Accelerated Technology Laboratories, Inc.
West End, NC. Mr. Rider has extensive computer expertise. He has worked in
numerous IT positions including the following; Systems Resource Specialist,
McMurray Fabrics. Inc.. Aberdeen. NC , Microsoft Access Support engineer.
Software Management Consultants, Charldtte. NC (Contractor tor Microsoft
Corporation), Computer Systems Analyst, DynCorp, Holloman Support Division,
Holloman Air Force Base, New Mexico, Weapon Services Manager, Holloman
Air Force Base, New Mexico and US Ai Force, Various Units. Worldwide.
Broad Experience in:
- Computer network design
- Laboratory designILlMS development
- lIMS Software setup and maintenance
- NELAC, GALP,ISO regulations
- L1MS end-user and database administrator Training
- Measurement techniques
- Analytical method development
- Quality AssurMce expertise
- System Analysis & Design
- Database Management Techniques
- Microsoft Fundamental Support Training, Advanced Access, Access
Upgrade, and Wmdows Courses, Microsoft Corporation, PSS East,
Visual Basic for Programmers, Novell Netware Courses
- SOL Server, Oracle and MS Access 9712000lXP
NOTE: Mr. Fred Rider has participated in over 35 installations of the Sample
Master" Products.
Russell S. Vranken
Background Over 8 years experience in the computer and LIMS Industry.
Currently serves as a Software engineer for Accelerated
Summary Technology Laboratories, Inc. and has done 80 for the past six years while
aiding in the development of advanced Laboratory Information Management
Systems based on the best available technology.
Provides customer support, and assists in custom programming. Assists in
maintaining a system for handing and tracking software development of current .
and existing product Bne. Assists in the timely development of new software,
enhancements and service packs. Contribute to maintaining a database of
modifications to L1MS software. Responsible for assisting the Sr. Software
engineer/s, providing programming support, training support, instrument
Integration and assisting marketing and sales by providing technical assistance
when needed. Contribute to the implementation of new software products and
assist in the maintenance of current products. extensive expertise in Windows
95, 98, NT, 2000 and XP. Extremely famHlar with VB, SaL Server. Oracle and!
C+, programming languages.
Education Graduate of the University of Nevada. Reno, Nevada
B.S. Degree in Computer Infonnatlon Systems
Minor in Business Administration
Experience Software Engineer Accelerated Technology Laboratories, Inc.
Reno, NV. Mr. Vranken has extensive hardware and software expertise and is
an expert in instrument integration and programming handheld devices. Poor to
joining ATL he has worked as a Product Sales Manager, MicroAge Computer
Center, Reno, NVand a HarcIwareISoftware Manager, COMPUSA.
Sacramento, CA.
Broad Experience in:
- Computer network design
- Laboratory database designILlMS development
- L1MS Software setup and maintenance
- NElAC, GALP, ISO regulations
- LIMS Training (end-user and database administrator)
- Measurement techniques
- Analyticallnatrument Integration
- System Analysis & Design
- Database Management Techniques
- Programming, Expert Systems. Operations
- Knowledge of COBOL, Pascal, C+ and Visual Basic programming
languages.
- Knowledge In system trouble shooting, systems evaluations for
upgrades building, and other computer capabilities.
- Extensive knowledge In system configuration and intemal hardware in
a network environment
- SaL ServerlOracleNlsual BasicJMlcrosoft Access Expertise
NOTE: Mr. Russell Vl8nken has participated In over 37 installations of the
Sample Maste" Pro products as well as ScreenlT L1MS.
Anson Ellstrom
Background Currently serves as a Software Engineer for Accelerated
Technology laboratories. Inc. and aids in the development of Advanced
Summary laboratory Infonnatlon Management Systems baaed on the best available
technology.
Assists development group In the design of new software development plan for
the company's Sample ~ L1MS (laboratory Infonnation Management
Systems) software product family, provide customer support, and assists in
custom programming. AssIata in maintaining a system for handling and tracking
software development of cunent and existing product line. Assist in the timely
development of new software, enhancements and service packs. Contributes to
maintaining a database of modifications to LIMS software. Responsible for
assisting the Sr. Software engineerla, providing programming support, training
support, Instrument integration and assisting marketing and sales by providing
technical assistance when needed. Contributes to the Implementation of new
software products and assists in the maintenance of current products.
Education B.S. in Computer Science. University of North Carolina at Asheville, 2001
Experience Software Engineer, Accelerated Technology laboretories, Inc.
Seven lakes, NC. Assists In cuatomization to Sample Master8 Product line,
provides installation expertise, performs Instrument Integration and trains end-
users. Very knowledgeable In hardware and network configuration.
Broad Experience in:
- Computer network design
- LIMS Software setup and maintenance
- NELAC, GALP.ISO regulations
- End-uaer Training
- Microsoft VIsual Basic
- Computer Systems and network design
- Systems Analyais and Design Methods
- Unux Systems Administration
- Databases: SQL Server, Orade. MS Access
- Operating Systems: WIndows 95/98. Windows NTJ2000, DOS
NOTE: Mr. Anson ElIstrom hu participated in over 25 installations of the
Sample Masterll L1MS Products.
David Schlabach
Background Currently 88l'V8s 88 a Software engineer for Accelerated
Technology Laboratories. Inc. and aids in the development of Advanced
Summary Laboratory Infonnation Management Systems based on the best available
technology.
Assists development group in the design of new software development plan for
the company's Sample MaBte'" L1MS (Laboratory Infonnation Management
Systems) software product family, provide customer support. and assists in
custom programming. Aaalsta In maintaining a system for handling and
tracking software development of current and existing product line. Assist in
the timely development of new software, enhancements and service packs.
Contributes to maintaining a database of modifications to L1MS software.
Responsible for assisting the Sr. Software engineer/s, providing programming
support. training support. instrument integration and assisting marketing and
sales by providing technical assistance when needed. Contributes to the
implementation of new software products Bnd asslsts in the maintenance of
current products. Mr. Schlabach has over 8 years of IT experience.
Education B.S. in Computer Science, University of North Carolina at Asheville, 2001
Experience Software Engineer at Accelerated Technology laboratories, Inc. assists in
inslaUation, training, cuatomlzatlon and customer support to ATL's L1MS product
line.
Broad Experience In:
- Development in VB 6,VB.NET, Microsoft Access. Microsoft Excel,
SQL Server, Oracle Si, ASP.NET.
- Quality control
- Write dealgn specifications for customer customizatlons.
- Onsite Installation and training to new and existing dients
- Computer netwoIk design
- L1MS software setup and maintenance
- NELAC, GALP, ISO regulations
- End-user training
- Microsoft Visual Basic
- Computer systema and network design
- Systems analysis and design methods
- Linux Systems Administration
- Databases: SQL Server, Oracle. MS Access
- Operating Systems: WlndOW1l 95/98, WIndows NTl2oo0, DOS
NOTE: Mr. Schlabach has partidpated in over 15 instalations of the
Sample Mast"" L1MS products.
Rebekah Johnson
Background Rebekah Johnson is an experlenced Quality Assurance/Control Professional with
Summary demonstrated abilities In achlevlng Immediate and long-term goals, and in meeting
operational deadlines. Previously. Mrs. Johnion was the Software Quality Assurance
Manager at Perkin Bmer Labworks for four years. where she was responsible for the dally
testing activities of the LabondDry Information Management System (L1MS).
As an A TL software engineer. Mrs. Johnson assists development group in the design of
new software development plan for the company's Sample MasterAD L1MS (Laboratory
Information Management Systems) software product family, NeoMate11ll and SaeenlT™
LIMS provide customer support. and assists in custom programming. Assists in
maintaining a system for handling and tracking software development of current and
existing product line. Assists in Che timely development of new software. enhancements
and service packs. Contributes to maintaining a database of modifications to L1MS
software. Responsible for 888istIng the Sr. Software engineer/so providing programming
support, training support, Instrument integration and assisting marketing and sales by
providing technical assistance when needed. Contributes to Che implementation of new
software products and 888ista In the maintenance of current products.
Education and Bachelor of Science, Information Systems and Decision Sciences, Louisiana State
Training University,512oo1
.
Experience Broad Experience In:
- Computer network design
- Laboratory designILIMS development
- L1MS Implementation
- L1MS software configuration and maintenance
- Technical writing
- Quality Process Re-Engineering
- Software T eating
- Quality Assurance/Quality Control
- Requirement Analyais
- National Environmental Laboratory Accreditation Conference (NELAC)
- Good Automated Labondory Practices (GALP)
- ISO policies
- Project Management
- Database Processing for Management
- Operations Management
- Analysis and Design of Management Information Systems
City Council
",,,~.gen~,!*,~~ver Memorand~l!!~
Tracking Number: 1,855
Actual Date: 02/02/2006
Subject / Recommendation:
Approve the final plat for "CLEARWATER MALL PHASE II" located at the Southwest corner of
Gulf-to-Bay Blvd. and Sky Harbor Drive at 520 Sky Harbor Drive.
Summary:
* A replat of a portion of lot 1, a resub of Baskin's replat. Lying in section 17, township 29S,
range 16E.
* The property is within the city limits of Clearwater and is approximately 2.4 acres.
* The final plat will create 1 lot for 2 commercial buildings.
* The proposed project was approved by DRC May 5th, 2005.
* The property is zoned as commercial.
* A copy of the plat is available for review in the Office of Official Records & Legislative Services
Originating: Engineering
Section Consent Agenda
Category: Plat Files
Public Hearing: No
Financial Information:
Review Approval
Glen Bahnick 01-09-2006 09:58:50
Garrv Brumback 01-26-2006 14:47:21
Michael Quillen 01-17-2006 13:20:43
Bill Horne 01-26-2006 14:56:56
Cvndie Goudeau 01-26-2006 15: 10:41
~-~
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_.-U~._ 'II~."""-_TWII-G___ta-C\l~~"
\ \. B; (NLw')
;...-=~. .J City Council
:IIIIJU-.W~ er
o~~~,,,,_,~gen~~~L~ver Men:-orandu~
w_______~
Tracking Number: 1,844
Actual Date: 02/02/2006
Subject / Recommendation:
Re-appoint Thomas Coates to the Community Development Board with the term expiring on
February 28, 2010 and continue appointment to fill seat currently held by Alex Plisko to March 2,
2006.
Summary:
See Attached list of Applicants for COB.
Oriainatina: Official Rec and Legislative Svc
Section: Consent Agenda
CategorY: Other
Number of Hard Cooies attached: 0
Public Hearina: No
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
01-30-2006
15:53:12
~LS-\
(~,,\~e.d. ')
...
o
..
-
City Council
~~_'''m Age~~~ Cove!:..M~moral'!~.u~
Tracking Number: 1,844
Actual Date: 02/02/2006
Sublect / Recommendation:
Appoint two members to the Community Development Board with the term expiring on February
28, 2010.
Summary:
See Attached list of Applicants for CDB.
Originatinq: Official Rec and Legislative Svc
Section: Consent Agenda
Cateqory: Other
Number of Hard Copies attached: 0
Public Hearinq: No
Financial Information:
~ Other
Review ApDroval
Cvndie Goudeau
01-20-2006
13:47:52
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: David Gildersleeve
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Council Chambers
APPTS. NEEDED: 2
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. Thomas Coates - 300 N. Osceola #4b, 33755 - Original Appointment
11/18/2004 (finishing a term)
Interest in Reappointment: Yes
Attendance: 2 Absent, 11 Present
2. Alex Plisko - 706 Oak Ave., 33756 - Original Appointment 2/18/1999
Ending 2nd Term
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. Norma R. Carlough - 1756 Ashton Abbey Rd, 33755 - Retired/Business Mgt.
(Yes to alternate seat)
3. Doreen DiPolito - 420 Druid Rd. W. Harbor Oaks, 33756 - Contractor & Mech.
Eng.
(Yes to alternate seat)
4. Robert P. Fernandez - 301 N. Hillcrest Drive, 33755 - Retired Vice President
Operations
(Yes to alternate seat)
5. Rita Garvey - 1550 Ridgewood St., 33755 - Former Mayor
(Yes to alternate seat)
6. Aaron D. Greenberg - 142 Bayside Drive, Clearwater Beach, FL 33767-
Zoning Attorney & Developer
(Yes to alternate seat)
7. Douglas L. Hilkert - 1515 Midnight Pass Way, 33765 - Attorney
(No to alternate seat) - No Board Questionnaire Included with Application
8. William L. Johnson - 479 East Shore Dr., #1,33767 - Real Estate
(Yes to alternate seat)
9. William P. Kirbas - 34 Bohenia Cir., N., 33767 - past member Parks &
Recreation Board/Financial Advisor
(Yes to alternate seat)
10. Bob Luna - 774 Snug Island, Island Estates, 33767 - Bus. Adm. &
Management
(Yes to alternate seat)
11. William J. McCann, PE - 1563 Turner St., 33756 - Professional Engineer &
Planner
(Yes to alternate seat)
12. Gerald L. Schauer- 2958 Somersworth Drive, 33761 - Semi-
Retired/Banking
(Yes to alternate seat)
13. Christine Travis -1216 Bermuda St., 33755 - Landscaping/Bachelor in
Political Science
(Yes to alternate seat)
Zip codes of current members:
4 at 33755
3 at 33759
1 at 33767
6. Douglas L. Hilkert - 1515 Midnight Pass Way, 33765 - Attorney
(No to alternate seat) - No Board Questionnaire Included with Application
7. William L. Johnson - 479 East Shore Dr., #1,33767 - Real Estate
(Yes to alternate seat)
8. William P. Kirbas - 34 Bohenia Cir., N., 33767 - past member Parks &
Recreation Board/Financial Advisor
(Yes to alternate seat)
9. Bob Luna - 774 Snug Island, Island Estates, 33767 - Bus. Adm. &
Management
(Yes to alternate seat)
10. William J. McCann, PE - 1563 Turner St., 33756 - Professional Engineer &
Planner
(Yes to alternate seat)
11. Gerald L. Schauer - 2958 Somersworth Drive, 33761 - Semi-
Retired/Banking
(Yes to alternate seat)
12. Christine Travis -1216 Bermuda St., 33755 - Landscaping/Bachelor in
Political Science
(Yes to alternate seat)
Zip codes of current members:
4 at 33755
3 at 33759
1 at 33767
(J.;... ;.. _H__.___
f'J'.. Oe.LS - J
RECEIVED
Name:.=:1h,1M ~<:. Cc,*es .
Home Address:
1coJJ, ngceo~ Ub
C\-e&'YW~-ev ,'tv ZiD;?lS5
Telephone: 727 -lt4 q - CY;4'f
How long a reside. nt of clearwater?~.,
. .
Occupation: /
Field of Education:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARoQCT 29 200%
(must be Clearwater resident) OFFICIAL
RECORDS A,.,
LEGISLATIVE SRVCS D JD
. EPT
Office Address:
114 N...!.-1O\'"f ~II\
q~u ,11-- ZiD3?'SS-
Telephone: 721 - 4J+&-, -a::>?()
Employer. ...,- vi &v\01-e. ~M.~
Other Work Experience:
~HSV\ht~
v:e
Community Activities: .'
~) \!Mtet ~eJW (J
Other Interests:~OV\ , i>00l6~
Board Service (current and past):
~~--
~ .~~
Board Preference:
~Mt\itn ~dOf~~
Additional Comments:
Sign :
Date:
tZ-~ o~ '2.()-0 tr .
~
See a Ii 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 337584748, or drop off your application 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
City's TV station? .
~J{~II\ ) ~eM' -nVV\"8:>)~.
~~.
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
.ikgvee. 'M AVr~(~ i ~ d.~ q Y&cOC-e.. '/.1~
~ iqaz.\AA~~ ~t'lI>1ESs\{cM.1J!, civ\l~~ .
~ ~~ ~1~~' ~ i"\U~pl\V\~
~,
4. Why do you want to serve on this Board?
~iD O6YIvJBiteN j ~ 11> ~~ . :J: ~
~OO-) ~.eN)rt(-e.. OW ~ ~. ,t
-W~ ~~
Name: 1h>~s Cdi\~
Board Name: c..p!>> .
Coates & Coates IDe
. ..' ,';.,'iii. ll~:ri: . \' ! I:~:.;' I:ih:t JII~lfi i:::iitl. 1~i>lt11 ,iliJ~ .,lili~,~i;,. I"
. ...... ..~' : '" . j" ~IO' ~ ~j~, ~'1FUP. 7.f:t.. "Ii: I"
411 Cleveland Street, PMB 266, Clearwater, FL 33755, USA
coates 727.446,3000 X 246
Thomas coates
R.ume: SlglJlltu18 DtJs/t1IMI'
February 2004
Education:
South African COllege High SChool, Cape Town, South Africa; graduated 1973
Rotary International Exchange student m Michigan, USA; 1974
Military Service in South AfrIcan Air Force, (later rose to rank of captain); 1975
University of Cape Town, School of Arc:hitecture, graduated Bachelor of ArchitectUre; 1976-1982
Registration:
Mr. Coates Is registered with the Council of South African Archlteds (CSA) and the South African Council for the
Archite<tural Porofesslon
Employment:
1982-1993 Louis Peens Arc:hbcts Johannesburg, South Africa
Ard1bctand Partner
First employee and later, partner, In what became one of South AfrIca's premiere Architecture flnns.
Projects ranged from Individual high-end residences to multt-unlt housing, and from major shopping malls m Individual
shop Interiors, Projects Included feasibility studies and property de\4eIopment.
. i994-1999 Various Clearwater, Florida, USA
PublIsher
Wrote copy, edited, Illustrated (by hand and computer) and produced a number of books and magazines of local and
natfonallnterest .for private Individuals and national companies.
2000-2004
Coates &. Coates, Inc Clearwater, FIortda, USA
0IlIign CanIuIIid
Working in doSe association with local and national ftrms, produced designs for a number of projects which have induded
design consultancy on the exterior, InteriOr public spaces and Individual room designs for a major new hotel chain; a
luxury waterfront apartment block (with Individually designed interiorS); design development for an international
celebrity's home: waterfront villas and multi-unit housing; and school and c:ommerdaIlntertors and renovations, The
scope of projects Is very wide and includes feasibility studies, the d1rectJon of promotional materials, interior design and
landscape design.
AffIliations:
Steering Committee for Devefopment of Downtown DesIgn Guidelines for Clearwater, Florida
Main Street DesIgn CoordInation Committee, Clearwater, Florida
fL0 6e..L.>-1
Name:
RECEIVED
DEe 02 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) OFFICIAL RECORDS AND
" LEGISLATIVE SRVCS DEPT
DA.~\a \...Jt=~g-U\
Home Address:
l~1-~ EO~G'CJJ~~
CW;A:l\wl\taL
Telephone: 'L19y 4400
How long a resident of Clearwater? 4 \tALs
Occupation: No-rrn- O'NNe~
Field of Education:
E,S IN A~,\ec..1'->C\..e - N~ Yotk...
\ N~\l\\.Kc 0;; \12r6.-\'~0c..~
\0(") 1/] - \OJ 9J-e,
If retired, former occupation:
Community Activities: CyA\fl..M.~ ~ 1cc:6 Cu."~"l~ ~I~) t1~~ eft:. It,. ti \o~
U4~"'1brL o~ 0.Jf'-'\M~ ,fO\JNO\i'Il rk u.~~ 4 ~ P~~M
Other Interests: il'")l'JI'\M) H~~'"'t\ (J~ Y'e ~'y<",l\c... ~rlRwr; Of=- -r~\3" ~Or 1"lAL",tm-rp.
Board Service (current and past): Board Preference:
'I..(Xj~ Cu.A..:rr~_ ~ OJ\) C.OMM 1l:\Jn - C D ~
Cu..A \ \\..- "'" ~
\JILt ve;
Zip?i~lS~
Office Address:
~Me
Zip
Telephone: 44\. 31-'1s-
Employer: Sc\....\=
Other Work Experience:
~ ~1~ ~ fJ\A'r-JA~t>foJ\~
Ar-JJ l'L"~flPM~
Additional Comments:
" ~
s~n~ ~ ~
,
Date:
11. \J CJ~
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.e~p(J~lbu~ ~fJL W\;\~ AM) fr?pQ.oV/f::\..,.
cJt:- f1IU J '20N'~~ Ar-.i) tA~ lhe I~l)~ ~ "5tf'\i='\=. (l.oC:O"" M\)fV()<)
ALp ...}~ I f\.) CO,,", PU~"", ~ c\ )Q..\-~",\ t?_~UV'<:'-nClN"
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?
\ ILB c..e\vt1J A ~ ~n...ee It--) A/L.(.,U I~-r- ILC AN() ~
~Q..kro FOL YFi'M~ fo.S ^c..> ~c.uR"m'1 ~ 'St-re M~IV~ 110'\- '. ,,~
MAt-.. )~<:;~ ~ J)evt)\...()pcQ.... \ AM A..\.~ A LAND ~
.
~'0SI N~<:::> OINN\1--12- 11'.::1 IUF:: C"1'T Ot: Cl.... /5A~,.....) Prl,,-.n-.
4. Why do you want to serve on this Board?
\ \bE'L'P.V~ -rLl.A:l' Cl..e'A;t\_I,...)~ IS Ot'-.,) A PK7\.lt t?p
C,fLOWlU
~ \f-'I~O-dWV\ ~ o~ lteA-L GS,"'<\G \ JI-<.\A)"(b f\..JO
1 , .
\ V-.>OV\..,t) L.-\~ \0 [...\.~~ ~tti"'? ~ P\!U Ce-trAD....
Ar-..t\ Cot-JS\'Sl~ \,Io.Jh"U ~ G,o~<::. ot= oUlL CO\-1M\} IV",!
Nam~ AN' ""\.. 'De.v"'~
Board Name: C. 'D ~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
D r'
K. \. _,1trR (" _0 l~ C' 1+
11 _ Office Address:
ttI5 8~ y ff)
CL-C:. fIR LUtl:- T f Ie Zio -3 3'/ ~ ~/
Telephone: V <../ c3 \ 3 b:3 0 Telephone:
How long a resid~t of Clearwater? 3"3 Y R .r
Occu pation: i.. k:. TI e. k..})
Field of Education:
BUSllJiSS 1f1cf
Name: }J of-m t4
Home Address:/). .
17 C;G /~HTO;J
RECEIVED
A~R ~ 2 2004
OFFICIAL RECORDS AND
L.iGISLAflV! SRVl;S DEPT
Zip
If retired, former occupation:
Community Activities: [ ,
Other Interests:
Board Service (current and past):
CA-?
LO
Board Preference:
o'b.8
Additional Comments: l/VrUt.sTLb ( AJ f1tf>L ~/ live;
I~OC)K( IJ~ FDR rn oKE-, QffltJ.CE./vC / tCG
Tf-/ ittJ } / 1C/4l3. .oq. A. ' t /
Signed: Ul t'.,,' ~ / Date: C(, :).1. () y.
kjce... (]).B,
o ftJo re 17//.J I 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
1. What is your understanding of the board's duties and r~i:~es7 . ,
(0 ~ iUh.-€J /v /lQ~-K. . A _~otM'~~
w~~~c~ L()U~ ttuLLlL+iL~~~
1 . -tv ~ ~ S'; . U~t\Go
.,
2.' Have you ever observed a board meeting either in person or on C-View, the
Ci'k:tationl
'. !-tc- ~+-~ h4\l~, ~ GL~.
LuJcWCUJ 0 CD f5 L.1wQ .-fr-~<:;. (jY\- Q -Ur-<:, w,
~ .
3. What background and/or qualifications do you have that you feel would qualify .
you to serve on this Board?
'. ~ - -(In L- ~ ) f ~ 10 n. j" I
\ ... , CJV-..tXRR)L:. ij - ~(~ ~ 'c\.'UJ~ ~ 'TO
~ Cl(v . . " ',C.,: eP 1'1rL111d'i
Lu c.~ r S~-& ly (}.J\.. S ~ iQ\j) - <::- : 6~ iLSl'
33 tt'. 3~ ~c;.,W :: G'VW,~,,-~ r;'(; ~ ~~t,
~{~kJ-Q. fl.\. <.~ t ·
4, Why do you want to serve on this Board?
~.. ~~~ f'~
C kh
Lt!\.l ~C I ,
.
.1 /)Ck
Name: \"-J 0 rf?.. rYI r1 K 1 Lo L{ (' IT-
Board Name: Q D 13
:..:
RECEIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISOR)t)D~
(must be Clearwater resident)
OFFII;IAL RECORDS AND
I.EGi:.;iATNE SRVCS DEP'(
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:
Hhili School. and courses at Niaszara Commun.
College and Bryant & Stratton Business
College
Office Address:
Zip
Telephone:
Employer:
Other Work Experience:
Consultant in establishing community
markets in the state, Worked with
developers in establishinSl sites for retail
locations while employed 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 Manaszer of
Downtown Clearwater Farmer's Market
, Clearwater Main Street Joint Venture active member. RelZUlarlvattend
state auarterlv meetinlZS.
. Other Interest:
Board Service (current and past):
Downtown Development Board current
City Desi2l1 Review Committee past
Enterorize Zone board current
Jollev Trolley Board Member current
DirectorFI. Assoc. of Community Fanner's
Markets
Board Preference:
Community Develooment Board
Additional Comments: Active oarticioant and event planner in Clearwater community
Sign&~AA.--If Date: #{' 1- ~ .t:Jf
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 offat City Hall, 2nd Floor, 112 S. Osceola
Avenue
:;!'
BOARD QUESTIONAIRE
1. What is your understanding of the board's duties and responsibilities?
Familiarity with development and zoning reQuests as well as land use Dlan chan~es and rezoning.
Also serves as a member of local pJannhuz aszencv.
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?
Knowled~e 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 ~ovemment operations relatinl! to imoortant city
develooment matters, Since I am retired I have the time and dedication and inteRrity to serve on this
board. I would not szain personallv as I am not involved in any major real estate. consultant or
development oDoortunities. Am very interested in takin~ part in the planned development to lead
Clearwater into the future and would review each issue before the board with due diliszence..
Name: Robert P. Fernandez
Board Name: Community Development Board
.y' .,
t.
'f'
.
Name: t 11ft-
Home Address:
1~~D fu GfUJrJolJ sr.
CJLW f( zi0337SS-
Telephone: 7:J 7-t/"~ - I ~f?cfS- Telephone:
How long a resident of Clearwater? 1iJ!;!~ .
Occupation:---U //1; Employer:.
~M-S . . -!@-~
,-f?:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY '~~QF I V E D
(must be Clearwater resident) JUN 20 2001
G IJLIJ EY
I
CRY CLERK DERt.RtMeNT
Office Address:
Zio
If retired, former occup
Community Activities:
~~.
".,.
Other Interests:
Board Service (current and past):
L/~Ql~Y BlJfif\
Bot~~~
Additional Comments:
Signed:
Date:J - /e; - () 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. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
V'V/O'J.- ILu-P o>u.l~
~
. ~
BOARD QUESTIONNAIRE
i
,.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Jju - mf-V~
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board? ..
P~iIfD~ H\- ~ e~
4. Why do you want to sarva on this ~ !r~
~-~A~ ^,-. . (
J~v4- ..
Name:
Board Name:
t/)6
RECEIVED
AUG 23 2004
r;.f!/C'AL RECORDS AND
CITY OF CLEARWATER - APPLICATION FOR ADVISORy'~M{~SRVCS DEPT
(must be Clearwater resident)
Name: Aaron D. Greenberg, Esq.
Home Address:
142 Bayside Drive
Clearwater Beach, FL Zio 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
If retired, former occupation:
Community Activities:
Office Address:
142 Bayside Drive
Clearwater Beach, FL Zio 33767
Telephone: (727) 686-1556
Employer: InterCoastal Habitats LLC
Other Work Experience:
(See attached resume.)
Other Interests: Architecture, history, boating
Board Service (current and past): Board Preference:
None Community Development Board
Additional Comments: Reference: Rosemary Ginty. ESQ., Vice President for Government
and Community Relations, New York Botanical Garden (718-817-8962).
Signed: a-.. ~ . Date: Y/1.3/o+-
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, 0, 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 CDB 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 CDB 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
(2...Q: o~--\
No Board Questionnaire included with the Application
CITY OF CLEARWATER. APPLICATION FOR ADVlSORV BOARDS
(mult be Clearwater resident)
Name: Doualas L. Hil'kert
Home Address:
2227 Habersham Drive
Offtce Address:
2557 Nurserv Road. Suite A
Clearwater, rL
liD 33764
ql@Brvat.er. FY..
Zip ~3764
Telephone: (", \ ~'~_14~Q
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: ~ouglls 1. V11k:vrt P l
Other Work experience:
J.n. St.At~pn nniv.r.itv Co11eu. o~ Lay
If retired I former occupation:
Community Activities: Chairman Plllnninq and Zoning' Board1 Vice-Chairman
~~~r~Ar ~~V~~~ ~~~M.+'+'..
Other Interests:
Board SeNlce (current and past):
p & z
Board Preference:
CDB
Charter Revie1l
AddmonalConvnenw:
~ned: ;),;,
Date:
February 15, 1999
See attached list for 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
\ /1'7/0 I - \J~':I.({eJ C'oY\+i..,,,-ed
l/Ild/Od-- II ~l
(V\~r<.S+-
'I
Tr:l/Tr:l 'X'lH.J
'lU":l-rlTU " ew,C\nntT
C I IC_Inf":_I'?I
In.OT eee~'~T/~n
k.:aa:~ .-J J
CITY OF CLEARWATER - APPLICATION FOR ADVISORY Bo~EIVED
(must be Clearwater resident) MAY 28 200~
Name:William L. Johnson
Home Address:
479 East Shore Dr. #1
Clearwater
Office Address:
OFFICIAl RECORDS AND
lEGISLATIVE SRVCS DEPT
Zio33767
801 West Bay Dr. #406
Largo, FI.
Telephone:641-3444
Zio33770
Telephone:44 7 -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 ofreal estate_
self-emoloved in real estate brokeraae and commercial develooment since then.
Community Activities:Planning and zoning board, city of Clw, and Community Dev, Board
Other Interests:running, exercise
Board Service (current and past):
P&Z, Communitv Dev. Board
Board Preference:
CDB
Additional Comments:
Date: ~ f()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 CDB 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:
Home Address:
WTT,T.T~M P J(T~'R~~
Office Address:
100
34 Bohenia Circle North
Clearwater, Florida:
ZiD 33767
Telephone: .446-4870
HoW long a resident of Clearwater?
Occupation: Financial Advisor
Field of Education:
Telephone:
lA yp~r~ I
Employer: Ame~ Express 'R"'t4-1 r~d
Other Work Experience:
Associate degree, engineering
B.S. degree, physics & mathematics
M.B.A. deqree, finance & marketinq
Maqnetics enqineer
P'~nt- M:::on:::o']pr
General Manaaer
If retired, former occupation: n/a Business owner
Community Activities: Director, .Tolley Troll~y. nirpC't:nr s:... vp (,'p:::orw~b"r
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:
(J)~~
Date:
ADril 13. 19qq
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 .
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 anf. 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 ~oard 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 background in finance that could help in prior-
itizing evaluatec projects.
4, Why do you want to serve on this Board?
I'd like to continue working toward the objectives set
durinamy previous term in makinq the parks and Recreation
Department 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:
Par'<::s
. R~(~l~rlVE\n
andR~creation
~~R 16 1999
OIT'I GL~.~\K DEPT.
r
-.
(
I
.
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
relating to codes, planning and zoning. 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 lJ ~CE;JmX~ D
APR 16 1.999
william P. Kirbas
CITV CLEl1K DEPT
r
Jan 05 05 12:22p
Bob Luna
727-443-3685
p.2
~; Oe.L~~\
.: .:'.,:,.~'!l<~jru~'t~~'~'~)(~;~i?;.: .' . . I . . I'
REe E IVED '... ..': "."."... .:':.:~;~ . ,.~..'..:;:..r.:..~:f_'.~.;.:...,.:.:.~,j.'.;.~..'~.'f'T'.,:...;..:.;...;::.......:....:,.'.;.".~..,~.,.....:.!..:..:..~.......:..:.;.
~1~.t~~1!1~~:,~'~";\(f;~~I~I~!; . ex
. . .." ~"-0FF.lC~.t R~01(~S AND . . . ....-........_,1.5...' : :..'f~..::r.:,~ry;::..... '.~.,.
.:::. .:..::.~:t;;::Mh~~~!~~~t~E.~~i~s DEPT '. 1 ":~'.:-;.~ '~"'~.' .:;....".:..;.:..;..': . .
.:.;. :;:t';.~\I;~' E;' :':~:~:;U;~':~CITY OF CLEARWATER - APPLICATION FORtAoviSORY BOARDS
.': '-::1 '~~;A :':!:.:;:.:.'; . (must be Clearwater resident):.' ..:
......:': ,
.'::.:~' ;:' :ii.,:'~~i!~~.fti~?;.:~(~~~j~~f{~;..:
. . .' :~~ :':~~J.;;;:~~:~"'~: ::.'
. .
:. . r ":f~~;:~,',~;~~:# :.~~~;(v~1.
'. .' .. .. " ~
, ,. ,. ,;'. "':,-_: ,.::
. -',"
Home Address:
7"7 <f -s,uU6- I<:::LA~O. /$(/1MJ CS711rCJ
Cl-fi7JlI.vrtTCr P-,2;Jc.H fL.ZiD ~~?6?
Telephone: .7~?- yy/-~~y'
How long a resident of Clearwater'? '3 CJt-II-P) .
Occupation: Cfi~/~~"" f fjJp~"JH"-'T" ~ Employer: 7'#6 ,( VA/II CPRGI't#v1 ~A-T'o""
Fie~d of Education: '..:0 Other Work Experience:
8(/5 A-/~ rft!1'YJA,v6 "."".:~.>~ tUP/l}loN161f6': rfHA;- ~OP()
J VN~ '::PG',f(: ES11f7i? IVIEC#E-^,'T'. a. ()
"~ c.
~ j.()PA /1-!i?poll1- ~~s.hvr'l-r ~c...
If retired, former occupation: ~ (/,u;:l /J-,z r t:P",I-/IGfl; ci- f {oiJ.
Community Activities: -(!,II'J1"1I3E=r 1)~.,,.,&(I~(dL't4(1~T'Fr) /lMIJIJ~I. /ti)otl. .
. . ,
9/hl-1/./alJ /~~IYTI~""'f.. ) sHlllM;;11] /f1ci(pJ7/fc. RJ/l(!IfIC.f)ffT~ 7Av1{JA.
Other Interests: Ff?e~flk~'ffF'j) h ~d~S
Board Service (a.nent and past): Board Preference:
GvI/JePd6- FOU.l'JM7;()b- FPf( 711~BC/~ ~7J.~d ~
. 5:;n/1"rl ~ My' _ . <9..(
/l5Sl?f~<.,t/lIlfl-' llChfe,Of/ I -/)WlSor, &tf(ifJ tf} . I' 1"/ - - .
':,.'/l. THE p~ YO/IK ST/tT~ ~&'''t,4~" 1I}1,."f.~~tJ' t.91. /~''j d.ttJj
.,.. I
Additional Comments: p~~ ~ ~~..c.(. ~
~_. ...
Office Address:
9~Ml:
ZiD
Telephone: ~/JIoI ~
~
Jan 05 05 12:22p
Bob Luna
727-443-3685
p.3
,,",':~:;;~~:::~\~h:~;!~,~l~:*~~~a~~:~j:;;",. _:;. : ". ' . .
.: " ... . .
-< f ",' ~~::. ::~". .~t~[.; :)~~,~:~.~:i~.:~ ;: ~:~;' < ~~'~;~')~~:~~:':'.~...
...~;, . .
.,;....
::".\ '.,
. '. :' :"~n:.~j,;(~r'~f=r ~.~
. ~.'."
. ~'. ..
:', I" :
.. -,;:":: J'~.t+ ~ ~ ~
._ . __._.......,__....._. ....._. _._~_......___.~..__....._..:-.1o_.''''-''''''--''''~~'_',,'_'I,;;..~-...,_. .;-:-~i"';..._,._--_.......__.~_.w.. '~.,~ ..:.,--..'- .-',.. -...:--......
2. Have' you ever o'bserved a board meeting either in person or on C-View,the City's
TV station?
~s. .~~5
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
~/~~b..,~ J~ ~.~ ~
. .-I~ ~ tft 6f-tM.~ 1/ JliH.e4VI''th ~/NUP-- ~.
-;I~ .-fk.d~~ ~~ ~~.~ ~
4. Why do you want to serve on tis Board?
~c-/~~ ..,.~~
t ~ ~ ..Pf ,~ ~AViXuJb .~ .,6. .,b{.J~
o/Jii fiA,.,J~/h~ '1 J4 ~tJf.~ q.
.~~~~~~~~
]~J '
~
02/07/2005 89:52
727441304E1
MCCANN ENGINEER
PAGE 83
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~~~EIVED
(must be Clearwater resident) FEB 07 2005
Name: William J. McCann. P .E.
Home Address:
1563 Turner Street
Clearwater, Fl ZiD 33756
Telephone: 727-443-7660
How long a resident of Clearwater? 12 Years
Occupation: Professional Enaineer
Field of Education:
a.E. in Civil Enaineerina
Masters in City & Reaional Plannina
Office Address:
1627 So. Mvrtle Avenue
Clearwater. FL
Telephone: 727-643-7660
Since October 1993
Employer: McCann Enaineerina
Other Work Experience:
City Planner. Structural Enaineer.
Civil Enaineer, Plans Examiner
nJ:J:IC~ RCCelt03 AN
LEGISLATIVE SINes DEP~ .
Zip 33756
If retired ,former occupation:
Community Activities:
Other; Interests:
Board Service (current and past):
Desio" Review Board
Board Preference:
MuniciDal Code Enforcement Board
Community Development Board
Additional Comments:
~~/ )~/r>~
Slgned:~' ... V"'V'--r Date: a. 7/V'':;'
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.
02/07/2005 09:52 7274413040
MCCANN ENGINEER
PAGE 02
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
-rP C!e,J.lOUC7 fle~/lt.J~ ~AJ B).Ir/)eeilY1~7 ~r
FteEi. CJCGLn~AnDJ~'- i/~I:'vse- 13(,;/~o/A.Jt:1
~, . , . -
:?pAlW~. ,:5/~N.$ A~O 12i!r"4r~!)
."
ttrry C!poe-r
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
y,;s
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
:r. All') .tl LIC/F/Js'IF"q ~,.~.sID/JA-<-, G;.;t:/;J~
/jpLJ W~~KI5'O As A ~L,I1JJS E)'4MIM ~
pPft., ~ y'~4,g~ . ::r /KAJP/"'/ r1+6 'BVJLDI,J~ ~ Otr's
kpLJ -r~ 8' 3 ^"'I ,1.J.~ & 0 e-s. ]:. t/ S €' rll "
1?; P)I-ouJ ~ eTJ D e' t:r v Id<, y 7J A Y
4. Why do you want to serve on ~his Board?
-:J W,fJJ -r Jb '1)'0 :5"0 fV1 E
FIJI<. "THG IJrry. ~
,
'77-l~ Cpoen. :5 f) :r C Au
)!,AJ p..J Ie l:r- or..fo /laP 7/t'lF
~ l U Jc.J 7e:1!1fi!... tv /) R.k
KA.)/)w MAN t. OF
,
AI'~.t. Y jVJ If
Crr'1 .
..;
Name: ["Lh/I'~M :J. ,All CCIi~~ f €.
Board Name: ,.vi '" A/'G/....<- Co D ~ G,v PI) tee rr,......"':r &A,eO
Oct 15 04 01:49p
Jerr~ Schauer
727 784 6015
p. 1
RECEIVED
OCT 1 5 2004
OFFk:;;P.l RECOI<DS AND
L~<-;;:)L~TiVE SRVCS DFPr
City ofCJearwater - Application for Advisory Boards
(must be a Clearwater resident)
Name: Gerald (Jerry) L. Schauer
Home Address:
2958 Somersworth Drive
Clearwater, Florida 33761-1939
Office Address:
Same
Telephone 727.784.6015
Telephone: 727.560.2535
How long a resident ofCJearwater Since 1991 (13 years)
Occupation: Semi-Retired
Employer: Part Time _
Coastal Environmental
Concepts, Inc.
Field of Education
B.A Desree in Education
B.s. Degree Accounting & Economics
Other Work Experience
CL T - Software
Bank of America - Banking
2S yrs
Secondary Education 4 yrs.
If retired, former occupation - Banking - retired from Bank of America
Community Activities: Served 011 Pine11as County School Board Budget Review
Committee - A volunteer with American Red Cross
Other Interests:
Boaut Ser.vice (ament-ahlJ past):
Board of Adjustments (City of Coral Springs)
. Board Preference:
Community Development
Board (COB)
Additional Comments: I have extensive experience in interpreting policies and
procedW"es as directed by .buJinesl.maaual. aDd management. I also have excellent
negotiation skills.
Date /OJ-wV Y
Oct 15 04 01:50p
Jerr~ Schauer
727 784 6015
p.2
Board Questionnaire
1. What is yoor understanding of tl1e board's duties and responsibilities?
The board members must have a working knowledge of the City's planning and
dcwaopment codes. .They must be able.to review petitions to detemaine if the .requests
are within established guidelines and make recommendations to the City Commission
based on a solid review and knowledge of the facts.
2. Have you ever observed a board meeting either in person or on C- View, the City's
TV St$on?
I have viewed some City.commission .meetmg OR lV, but no. Advi50lY Board
Meetings
), What.backgrOUlld.and lor qualifications.do y~ have tbatyou f~ would -qualify
you to serve on this board?
I have exteosiv.e business.experieDce invdviDg .dealing .in.both the .pub1ic..aad private
sector with individuals as well as small to large business interests. This experience
requir.ed.me.to.operate.and .enforce stated.po1icies and.pwcedures wJWe.at.the same
time meeting the needs of those that I served. I have extensive negotiation skills.
I have.served ~ the Board Df Adjustments for the City .of Cor&lSprings D.it.s Board
Chainnan. I also served on the City Council for City of Warsaw, Warsaw, Kentucky
as an elected official.
4. Why do you want to serve on this Board?
I am in a..position to .assist the .City .in~iIlg its .objectives. I ~so.belleve that
development, that matches the community requirements, is very important to meeting
the needs.of.the citizeDsd'.cIearw.aW.
I also enjoy public service. I read an article in local paper that the board has a vacancy
and I feel my experience as well as background can be an asset.
Name:
Gerald L. Schauer
Board Name: CDB.. .
..- ~ ...
!
REC:EIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS NOV 10 2004
(must be Clearwater resident)
. !;.:::~(;~.:'\i.. ~,'t:<~:()::~r;~~ ;\t~L'1
.. ,.\'fjVt .~.;f~V' ::. ~ ({~p~t
Name:
Home Address: . . .
11---1 (ll f~il'" m ud (~ <3i-
----rr1"'" I . r 1 '? '? .... ,'" r
l Lt(1(lAJ6~V I- j ZiD "') ,~ (~,:)
Telephone: 77./ - 4.Y 7- -J::;.qO.5
How long a resident of Clearwater? S, nCL
Occupation:_\ .6.nd SCO-pH"S
Field of Education:
.......,. D_I" l (',
YcrhdflY' Iv-\ r.QjL+'CC,. ...)CifVx:L
Office Address:
, .. . ex u1.. ~st: .
I 2-10 .VVY'l . c...
. --
(\~ ' E' ~..~ ---
r.u(\A...cl-iv" \ ZiD ~.:S:>
..-} '1-:7 - 4.::!'L - SI1DS
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Additional Comments:
Signed: ~JtJ,~ :iD.l;'~
Date:
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See attached list for boards that require financial disclosure at time of appointment. Please retum 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.
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BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
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CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: ~ tY"o.o~~:?l'\\~O
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RECEIVED
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Additional Comments:
Signed:~~oo_SB2Y
Date:--' - ~~ - C G
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?
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City Council
.....__ Ag~~~.~a Cov~r._ Memorandum
Tracking Number: 1,863
Actual Date: 02/02/2006
Subject / Recommendation:
Aadopt Resolution #06-07 certifying that the Homeless Emergency Project, Inc. is consistent
with local plans and regulations,
Summary:
Homeless Emergency Project, Inc. is applying for sponsorship under the Enterprise Zone
Community Contribution Tax Credit Program pursuant to Florida Statutes sections 220.03,
220.183 (2) (c) and Rule 12C-1.0188 Florida Administrative Code.
To become an eligible sponsor, a resolution from the local government is required. Projects
designed to provide housing for low-income persons are not required to be located within an
Enterprise Zone and must be consistent with local plans and regulations including the local
government's adopted comprehensive plan.
The Community Contribution Tax Credit Program (CCTCP) allows any business in Florida to
receive a 50% credit on their Florida corporate income tax, insurance premium tax or sales tax
refund for donations made to local community development projects. Donations must be made
to an eligible sponsor conducting an approved community development project. A business may
receive no more than $200,000 in community contribution tax credits annually. Once the
donation has been approved by the Office of Tourism, Trade and Economic Development, a copy
of the approval letter must be submitted with the state tax return.
The qualifying proposed project for this sponsorship is to increase corporate cash donations to
provide designated funds for specific programs and undesignated funds for general operating
expenses for HEP. Some corporations like to give undesignated donations so HEP can use the
funds as they see fit. Other corporations prefer to give to a specific program or area of interest.
Some companies like to contribute to youth and after school programs, others prefer
employment readiness programs, while still others like to contribute to building construction. All
of these HEP programs and projects require ongoing fundraising.
This project is vital to the surrounding community. HEP provides 700 chronic and episodic
homeless men, women, and families per year with a full continuum of housing and support
services necessary to achieve self-sufficiency and end the cycle of homelessness. For over 40
years, HEP clients have successfully accessed safe housing and servicesr which afford life
stability.
Annually over $1.02 million are received from in-kind donations to support the annual HEP $2.5
million operating budget. These expenses consist of all the costs associated with staff, housing,
maintenance, food, utilities, insurance, programs and client supplies, the dental clinic and
administration of HEP's 240 bed facility.
Originating: Economic Development and Housing
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: No
~~... .,.te...!. City Council
: a r
o.~ .. _,_~~enda C~.!!,r Memorandum
~_____ ,,'It
Financial Information:
Review Approval
Geraldine Camoos 01-09-2006 18:11:59
Cvndie Goudeau 01-26-2006 12:37:06
Geraldine Camoos 01-09-2006 18: 12:56
Rod Irwin 01-26-2006 09: 18:52
Pam Akin 01-10-2006 09:27:20
Bill Horne 01-26-2006 11:34:02
RESOLUTION NO. 06-07
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CERTIFYING THAT HOMELESS EMERGENCY
PROJECT, INC. IS CONSISTENT WITH LOCAL PLANS
AND REGULATIONS INCLUDING COMPREHENSIVE
PLANS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Homeless Emergency Project, Inc. proposed project is to increase
corporate cash donations to provide designated funds for specific programs and
undesignated funds for general operating expenses and is applying for Community
Contribution Tax Credit pursuant to Florida Statutes sections 220.03 and 220.183 (2) (c)
and Rule 12C-1.0188 Florida Administrative Code. (See Exhibit A)
WHEREAS, said Homeless Emergency Project, Inc. is designed to provide
housing for low-income persons and are not required to be located within an Enterprise
Zone to be eligible for sponsorship under the Enterprise Zone Community Contribution
Tax Credit Program.
WHEREAS, Homeless Emergency Project, Inc. has requested the City to certify
that the proposed project is consistent with its local plans and regulations including
comprehensive plans and the City Commission finds it desirable to make this certification;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater hereby certifies that the
Homeless Emergency Project, Inc. proposed project is consistent with the City's local
plans and regulations including comprehensive plans.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard, Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau, City Clerk
Resolution No. 06-07
Exhibit A
Homeless Emergency Project
Tax Credit Proposal to the
State of Florida Office of Tourism, Trade,
and Economic Development
II. Project Narrative
a. Describe the eligible project
In 2003, the Florida Office of Program Policy Analysis and Government Accountability
estimated the state homeless population of 68,785 to 76,675. The same year the State
Department of Children and Families Report on Homeless Conditions in Florida posted
that there are only 27,388 emergency beds for homeless people in the state, enough for
just 36 percent. In Pinellas County, there are over 4,500 homeless adults and children on
any given night, yet there are less than 600 emergency shelter beds available in Pinellas
County (2004 Continuum of Care Gaps Analysis Chart).
Chronic homeless individuals and families spend the majority of their lives between the
streets and emergency shelters. Many of them face serious and persistent mental illness
and sever substance addiction. They face shorter life expectancies, high chronic illness
and often use the hospital emergency room for primary health care. Homeless pregnant
women experience higher rates of infant mortality, low-birth rates, and substance abuse.
Homeless children have high malnutrition rates, are less likely to attend school, have
greater behavioral problems, and are more likely to abuse substances in their teen and
adult years.
Low-income, working poor individuals and families living pay-check to pay-check or
coming off public-assistance often bounce in and out ofhomelessness. An unexpected
hospital visit or prescription medication without health insurance, an injury preventing
employment, a mounting emotional health issue, or a second late rent payment are often
enough to create an episode ofhomelessness.
Homeless individuals and families subsisting in Pinellas County face enormous safety,
crime, health, and social issues daily. Many are caught in the cycle of multi-generational
poverty and face insurmountable barriers due to mental illness, chronic illnesses,
substance abuse, predigest, unemployment, under-education and low self-worth.
The Homeless Emergency Project (HEP) provides 700 chronic and episodic homeless
men, women, and families per year with a full continuum of housing and support services
necessary to achieve self-sufficiency and end the cycle ofhomelessness. For over 40
years HEP clients have successfully accessed safe housing and services, which affords
life stability.
Clients ofHEP are referred to the program from many sources, including other social
service providers, the Pinellas County Department of Corrections, area hospitals and
treatment centers. Once the client arrives, trained intake staff engage the client, perform
a comprehensive assessment, and discuss their current situation and how the program can
transform their life and the life of their family. The intake coordinator identifies clients
with emergency and urgent needs and immediate medical intervention takes place. The
Behavioral Health Outreach Team then evaluates the client and conducts a behavioral
health screening. The treatment team consists of a Licensed Practical Nurse (LPN),
Advanced Registered Nurse Practitioner (ARNP), and a Bachelors level Social Worker.
Services provided by the team include: Psychiatric evaluations, Neuropsychiatric testing;
medication management; crisis intervention; therapy; primary health care access, and
documentation for disability claims/court requests.
Clients them meet with their assigned case manager and create an Individual Service
Plan. Through intensive case management, clients work their plan and address various
health, legal, family, and employment issues. Clients who can make a long-term
commitment to continue to work on personal goals then enter transitional housing.
In transitional housing, clients progress through their Individual Service Plan and meet
established objectives. If disable, they receive benefits. They continue job/carrier
enhancement, complete GED, continue education, continue addressing necessary health
issues, address legal and family issues, and if in recovery, attend AA/NA meetings.
At this point in their homeless episode clients who can work are employed, they are
continuing education, are in full recovery, have a relationship with their family and are
self-sustaining. They then enter into permanent housing. This housing consists of a
serious of apartments and single-family homes partially subsidized with the remainder of
the rent the responsibility ofthe client. Clients continue to receive less and less intensive
case management services.
Outcomes - yearly
90% of employable clients secure employment
98% of clients access primary health care
98% of clients in need of mental health services access psychiatric health care
b. List the types of donations sought
As a result of our reputation and client outcomes, HEP is successful in securing outright
gifts of cash form a variety of donors in the Tampa Bay area. Cash gifts of both
designated funds for specific programs and undesignated funds for general operating
expenses are given. With the support of The Community Contribution Tax Credit
Program, HEP is confident that we will increase our corporate donations by 1,000% in
the first year. The Community Contribution Tax Credit Program will allow corporations
to designate, what normally would be paid in state taxes, cash donations to the
organization of their choice. The tax credit program presents a great opportunity for HEP
2
to not only secure contributions but get the business community more involved in our
work and address the issue ofhomelessness more systemically.
c. Identify the use for donations
HEP offers a variety of options for our corporate funders. Some corporations like to give
undesignated donations so HEP can use the funds as we see fit. Other corporations prefer
to give to a specific program or area of interest. Some companies like to contribute to
youth and after school programs, others prefer employment readiness programs, while
still others like to contribute to building construction. All of these HEP programs and
projects require ongoing fundraising. If a corporation is considering an outright cash give
to the HEP endowment fund, we can accommodate this desire.
d. Total Project Costs
The annual HEP operating budget is $2.5 million. These expenses consist of all the costs
associated with staff, housing, maintenance, food, utilities, insurance, program and client
supplies, the dental clinic, and administration ofHEP's 240 bed facility.
Annually HEP raises $20,000 in corporate donations, $1,052,000 in government
contracts/grants, $26,000 in foundation grants, $275,000 from individual donors and
fundraising events, $78,700 from investments, $61,000 from program fees, $1,024,900 in
in-kind donations, and $75,000 from the HEP Thrift Store.
e. Estimate the number of jobs.
HEP staff consists of 22 fulltime paid employees and over 150 volunteers annually. Last
year over 90% (60) of clients eligible to work, secured employment as a result of our
program. HEP is not an organization that produces jobs for the community for a specific
period of time and, once a project is complete, eliminates that position. HEP continues to
add programs and services in response to the needs of the community and as funds are
available.
f. Estimate the completion date of the project.
HEP will continue to provide needed services to the homeless and economically poor in
the community for as long as the need is present and funds are available.
3
F \ N~ d.
\ d. ')
City Council
_~enda Cover Memorandum
Tracking Number: 1,862
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Resolution 06-08 establishing the intent to reimburse certain Beach Walk project costs
incurred with proceeds of future tax-exempt financing.
Summary:
On June 16, 2005, the City Council adopted Resolution 05-28 supplementing Ordinance 6876-01
to authorize not to exceed $15 million in Improvement Revenue Bond to pay for all or part of the
costs of implementing Beach by Design and authorized and directed the City's Bond Counsel,
with the assistance of the City AttorneYr to obtain a judgment validating the issuance of the
bonds.
The courts successfully validated these bonds in November 2005.
On December 15, 2005, the City Council awarded contracts for phase one of Beach Walk totaling
$10,320,043. At this meeting, discussion was held regarding options for funding the entire
Beach Walk project, estimated to cost $30,412,195. City Council directed staff to proceed with
issuing bonds to generate construction proceeds of $14 million, with the remaining $16.4 million
to be paid from developer contributionsr grants, utility funds and other available funds. The
specifics and timing of this bond issue will be determined at a later date in consultation with the
City's Financial Advisor, Bond Counsel, and Disclosure Counsel. The annual debt service is
expected to be approximately $1 million/year over a term of between 20 and 30 years, with all
or part of the bonds having call provisions that are advantageous to the City to enable the bonds
to be retired in a shorter time frame if economic conditions warrant.
City Council must adopt a bond sales resolution at a later date authorizing the sale of the bonds.
The City will be incurring expenses on the Beach Walk project prior to the issuance of the bonds,
This reimbursement resolution will allow for the City to be reimbursed from the Bond proceeds.
A schedule of funding sources and budget amendments to be processed at first quarter is
attached. These include adding Utility Funds for Phase I of $4,284,436 and bond proceeds of
$14 million. Return of Special Development Funds of $2.5 million and Solid Waste Funds of
$1,019,017.17 to bring total project funding to $30,412,195. Additional Funding is expected as
follows that will result in future budget amendments and return of excess funds to original
funding source.
Additional UtilityFunds -Phase
Hyatt Inflation
Patel Developer Contribution
Additional Grants
2-4 $ 2,547,253.00
136,848.00
2,100,000.00
4,790,545.00
$9,574,646.00
Originating: Finance
Section Other items on City Manager Reports
Category: Bonding
~".."fn .,.,.', .748tteAr'
u~
Financial Information:
Type: Other
Review Approval
Maraie Simmons
Cvndie Goudeau
Pam Akin
Garrv Brumback
Tina Wilson
Bill Horne
City Council
Agenda Cover Memorandum,.
01-09-2006 15: 10:00
01-20-2006 14:32:05
01-10-2006 14:22:44
01-19-2006 15:33:25
01-19-2006 11:54:54
01-20-2006 14: 12:04
.1>1... l. .l. J>;.j.,~~ ;;r
RESOLUTION NO. 06-08
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE
CERTAIN PROJECT COSTS INCURRED WITH
PROCEEDS OF FUTURE TAX-EXEMPT FINANCING;
PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clearwater, Florida (the "Issuer") has
determined that the need exists to construct certain capital improvements consisting of
those public infrastructure improvements and other capital improvements that are to be
completed by the Issuer, or the costs of which are to be reimbursed to a Developer
pursuant to a Development Agreement for the Developer's completion thereof,
consisting of, but not limited to, (i) parking garage access improvements, (ii)
reconstruction, relocation or realignment of public roadways and rights of way, including
the vacating of public rights of way, (iii) pedestrian walkways and related improvements
to South Gulf View and Beach Walk, and (iv) other capital improvements necessary to
implement the Beach by Design Plan as set forth in and approved by Ordinance No.
6917 -01 (collectively, the "Project");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution")
is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida
Statutes, and other applicable provisions of law.
SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its
intention to be reimbursed from proceeds of a future tax-exempt financing for capital
expenditures to be paid by the Issuer in connection with the construction of the Project.
Pending reimbursement, the Issuer expects to use funds on deposit in its general funds
and other funds legally available to pay a portion of the cost of the Project. It is not
reasonably expected that the total amount of debt to be incurred by the Issuer to
reimburse itself for expenditures paid with respect to the Project will exceed
$14,000,000. This Resolution is intended to constitute a "declaration of official intent"
within the meaning of Section 1.150-2 of the Income Tax Regulations.
SECTION 3. SEVERABILITY. If anyone or more of the provisions of this
Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall
not affect any other provision of this Resolution, but this Resolution shall be construed
and enforced as if such illegal or invalid provision had not been contained therein.
SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof
in conflict herewith to the extent of such conflicts, are hereby superseded and repealed.
Resolution 06-08
SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution 06-08
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City Council
A{J!!!,~a cov~.!,w~emorandum
Tracking Number: 1,836
Actual Date: 02/02/2006
Subject / Recommendation:
Approve the Utility Work by Highway Contractor Agreement with the State of Florida Department
of Transportation (FOOT) for the relocation of existing potable water and sanitary sewer facilities
impacted by the FOOT's SR 55 (US19) from north of Sunset Point Rd. to south of Countryside
Blvd. Project, at an estimated cost of $635,000.00, adopt Resolution #06-02, and that the
appropriate officials be authorized to execute same.
Summary:
The Florida Department of Transportation (FOOT) has designed the roadway improvements of SR
55 (US19) from north of Sunset Point Rd. to south of Countryside Blvd. Improvements will
include an overpass at Enterprise Rd. Final design package is due to FOOT on March 16, 2006,
and construction is currently scheduled to begin in September of 2006. This roadway
improvement project will necessitate the relocation or adjustment of the City's water and
sanitary sewer mains and appurtenances within the project limits. The City of Clearwater's
Engineering Department has coordinated the design for these utilities with FOOT
representatives. FOOT will receive bids for the combined roadway improvements and utility
relocation work and make award of contract to the low bidder.
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. The project will be competitively bid by FDOT.
The breakout of the engineer's estimate is as follows:
Capital Project:
Expense Code:
Amount:
Water Line Relocation:
Sanitary Utility Relocation:
0378-96742-563800-533-000-0000
0315-96634-563800-535-000-0000
Total: $635,000.00
$575,000.00
$60,000.00
Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with
2006 revenue bonds as a funding source were included in the project list associated with
Resolution 04-36.
Sufficient budget for interim financing for 2006 Water and Sewer Revenue Bond proceeds when
issued is available in the Capital Improvement Program project, 0378-96742, Line Relocation
Capitalized in the amount of $575,000. Sufficient funding in the Capital Improvement P
rogram project, 0315-96634, Sanitary Utility Relocation Accommodation in the amount of
$60,000 is available to provide the funding for this Work Order.
A copy of the agreement is available for review in the Official Records and Legislative Services
Office.
Originating: Engineering
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 4
~~1.
City Council
~g~~nda CO~,!!r Memorandu~,
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
Florida Department of Transportation / Utility Work by Highway Contractor Agreement
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$635,000.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$635,000.00
Not to Exceed:
$635,000.00
Appropriation Code(s)
0378-96742-563800-533-000
0315-96634-563800-535-000
Amount
$575,000.00
$60,000.00
Comments
Water Line Relocation
Sanitary Utility Relocation
Review Approval
Glen Bahnick
01-09-2006 15:40: 15
Brvan Ruff
01-13-2006 14:02:36
~~"'..""..... .. + . City Council
t .. ~~~Jr
;; ...... .. ,..<. _mm'm""~~. Cover Memorandum .____
Bill Horne
Michael Ouillen
Cvndie Goudeau
Tina Wilson
Garry Brumback
01-23-2006
01-10-2006
01-24-2006
01-11-2006
01-23-2006
16:06:11
13:39:41
08:03:50
14:21:28
09:54:37
RESOLUTION NO. 06-02
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE UTILITY WORK BY
HIGHWAY CONTRACTOR AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE RELOCATION OF
EXISTING POTABLE WATER AND SANITARY SEWER
FACILITIES WITHIN THE S.R. 55 (US19) FROM NORTH
OF SUNSET POINT RD. TO SOUTH OF COUNTRYSIDE
BLVD. PROJECT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation, hereinafter
referred to as DOT, proposes to construct or improve SR 55 (US 19) from north of
Sunset Point Rd. to Countryside Blvd., hereinafter referred to as the "Project"; and
WHEREAS, in order for the DOT to proceed with their Project, it is necessary for
the City of Clearwater to execute and deliver to DOT the agreement identified as "Utility
Work by Highway Contractor Agreement," hereinafter referred to as the "Agreement";
and
WHEREAS, said Agreement is in the best interest of the City of Clearwater.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. That the application of the State of Florida Department of
Transportation for a Utility Work By Highway Contractor Agreement is for transportation
purposes which are in the public or community interest and for public welfare; that an
agreement of utility interest, or interests, in favor of the State of Florida Department of
Transportation, in the City of Clearwater, Florida, should be drawn and executed by the
City Commission.
Section 2. A certified copy of this Resolution shall be forwarded forthwith to the
State of Florida Department of Transportation at Tallahassee, Florida.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 06-02
PASSED AND ADOPTED this
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
day of
,2006.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Resolution No. 06-02
~'. ~~lo
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this , day of ,
200_, by and between the State of Florida, Department of Transportation, hereinafter
referred to as "FOOT' and the State of Florida, Department of Financial Services, Division
of Treasury and (City of Clearwater) hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "FOOT" is currently constructing the following project:
Financial Project Number: 256890-1-56-03
County: Pinellas
hereinafter referred to as the "Project".
NOTE: ONLY THE NEXT TWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE
WITHOUT PRIOR APPROVAL OF FOOTS COMPTROLLER.
WHEREAS, FOOT and the Participant entered into a Locally Funded Agreement
dated , wherein DOT agreed to perform certain work on behalf of the
Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the
best interest of the FOOT and the Participant to establish an interest bearing escrow
account to provide funds for the work performed on the Project on behalf of the Participant
by the FOOT.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit in the amount of .$635,000(Six hundred thirtyfive thousand
dollars) will be made by the Participant into an interest bearing escrow account established
by the FOOT for the purposes of the project. Said escrow account will be opened with the
Department of Financial Services, Division of Treasury, Bureau of Collateral Management
on behalf of the FOOT upon receipt of this Memorandum of Agreement. Such accountwill
be an asset of FOOT.
2. Other deposits will be made only by the Participant as necessary to cover the
cost of additional work prior to the execution of any Supplemental Agreements.
3. All deposits shall be made payable to the Department of Financial Services,
Revenue Processing and mailed to the FOOT Office of Comptroller for appropriate
processing at the following address:
Florida Department of Transportation
Office of Comptroller
605 Suwannee Street
Mail Station 42-B
Tallahassee, Florida 32399
ATTN: LFA Section
A copy of this Agreement should accompany any deposits. When the check is
mailed to Tallahassee, the District Office should instruct the Participant to mail
the District Office a copy of the check.
4. The FOOTs Comptroller and/or her designees shall be the sole signatories on
the escrow account with the Department of Financial Services and shall have sole authority
to authorize withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in
the escrow account shall remain in the account for the purposes of the project as defined
in the LFA.
6. The Department of Financial Services agrees to provide written confirmation
of receipt of funds to the FOOT.
7. The Department of Financial Services further agrees to provide periodic
reports to the FOOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
William B. Horne, II
City Manager
PARTICIPANT NAME & TITLE
112 S. Osceola Avenue
Clearwater, Florida 33756
PARTICIPANT ADDRESS
t;q-fiOOOJRq
FEDERAL EMPLOYER I.D. NUMBER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10104
Financial Project 10: 256890-1-56-03
County: Pinellas
District Document No: 1
Utility Agency/Owner (UAO): City of Clearwater
Federal Project 10: N/A
State Road No.: 55
THIS AGREEMENT, entered into this day of , year of , by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT", and City of
Clearwater, hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the FOOT, is constructing, reconstructing, or otherwise changing a portion of a public road or
publicly owned rail corridor, said project being identified as US 19 From N. of Sunset pt. to S. of Countrvside Blvd.,
State Road No.: 55, hereinafter referred to as the "Project"; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the
Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may
be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation,
adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and
WHEREAS, the FOOT and the UAO desire to enter into ajoint agreement pursuant to Section 337.403(1 )(b),
Florida Statutes for the Utility Work to be accomplished by the FOOT's contractor as part of the construction of the
Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT
and the UAO hereby agree as follows:
1. Design of Utility Work
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical
special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency
schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the
"Plans Package") on or before Aoril 21, year of 2006.
b. The Plans Package shall be in the same format as the FOOT's contract documents for the Project
and shall be suitable for reproduction.
c. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities
and work effort required to perform the Utility Work, including but not limited to, all clearing and
grubbing, survey work and shall include a traffic control plan.
d. The Plans Package shall be prepared in compliance with the FOOT's Utility Accommodation Manual
and the FOOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and
the FOOT's contract documents for the Project. If the FOOT's Plans Preparation Manual has been
updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall
apply where such conflicts exist.
e. The technical special provisions which are a part of the Plans Package shall be prepared in
accordance with the FOOT's guidelines on preparation of technical special provisions and shall not
Page 1 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10104
duplicate or change the general contracting provisions of the FOOT's Standard Specifications for
Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or
Developmental Specifications of the FOOT for the Project.
f. UAO shall provide a copy of the proposed.Plans Package to the FOOT, and to such other right of way
users as designated by the FOOT, for review at the following stages: 60%. 90% & Final. Prior to
submission of the proposed Plans Package for review atthese stages, the UAO shall send the FOOT
a work progress schedule explaining how the UAO will meet the FOOT's production schedule. The
work progress schedule shall include the review stages, as well as other milestones necessary to
complete the Plans Package within the time specified in Subparagraph a. above.
g. In the event that the FOOT finds any deficiencies in the Plans Package during the reviews performed
pursuant to Subparagraph f. above, the FOOT will notify the UAO in writing of the deficiencies and the
UAO will correct the deficiencies and return corrected documents within the time stated in the notice.
The FOOT's review and approval of the documents shall not relieve the UAO from responsibility for
subsequently discovered errors or omissions.
h. The FOOT shall furnish the UAO such information from the FOOT's files as requested by the UAO;
however, the UAO shall at all times be and remain solely responsible for proper preparation of the
Plans Package and for verifying all information necessary to properly prepare the Plans Package,
including survey information as to the location (both vertical and horizontal) of the Facilities. The
providing of information by the FOOT shall not relieve the UAO of this obligation nor transfer any of
that responsibility to the FOOT.
I. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within
the limits of the Project, except as generally summarized as follows: N/A. These exceptions shall be
handled by separate arrangement.
j. If any facilities of the UAO located within the project limits are discovered after work on the project
commences to be qualified for relocation at the FOOT's expense, but not previously identified as
such, the UAO shall file a claim with the FOOT for recovery of the cost of relocation thereof. The
filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be
based on a determination of fault for the error. The discovery of facilities not previously identified as
being qualified for relocation at the FOOT's expense shall not invalidate this Agreement.
k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans
Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner
determined by the FOOT.
I. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or
publicly owned rail corridor under and pursuant to the Utility Permit: (oendino)
(Note: It is the intent of this line to allow either attachment of or separate reference to the permit).
2. Performance of Utility Work
a. The FOOT shall incorporate the Plans Package into its contract for construction of the Project.
b. The FOOT shall procure a contract for construction of the Project in accordance with the FOOT's
requirements.
c. If the portion of the bid of the contractor selected by the FOOT which is for performance of the Utility
Work exceeds the FOOT's official estimate for the Utility Work by more than ten percent (10%) and
the FOOT does not elect to participate in the cost of the Utility Work pursuant to Section
337.403(1 )(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the
FOOT's contract by notifying the FOOT in writing within ten (10) days from the date that the UAO is
notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of
Page 2 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
the Project by the FOOT's contractor.
d. If the UAO elects to remove the Utility Work from the FOOT's contract in accordance with
Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and
conditions of the FOOT's standard relocation agreement, the terms and conditions of which are
incorporated herein for that purpose by this reference, and in accordance with the contingency
relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with
the Utility Work so as to cause no delay to the FOOT or the FOOT's contractor in constructing the
Project.
e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure
that it is properly performed in accordance with the Plans Package, except for the following activities:
N/A and will furnish the FOOT with daily diary records showing approved quantities and amounts for
weekly, monthly, and final estimates in accordance with the format required by FOOT procedures.
f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in
accordance with Subparagraph 2. e., the FOOT will perform all contract administration for its
construction contract.
g. The UAO shall fully cooperate with the FOOT and the FOOT's contractor in all matters relating to the
performance of the Utility Work.
h. The FOOT's engineer has full authority over the Project and the UAO shall be responsible for
coordinating and cooperating with the FOOT's engineer. In so doing, the UAO shall make such
adjustments and changes in the Plans Package as the FOOT's engineer shall determine are
necessary for the prosecution of the Project.
I. The UAO shall not make any changes to the Plans Package after the date on which the FOOT's
contract documents are mailed to Tallahassee for advertisement of the Project unless those changes
fall within the categories of changes which are allowed by supplemental agreement to the FOOT's
contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the
change or the timing of the change, shall be subject to the prior approval of the FOOT.
3. Cost of Utility Work
a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any
adjustments or changes to the Utility Work determined by the FOOT's engineer to be necessary,
including, but not limited to the cost of changing the Plans Package and the increase in the cost of
performing the Utility Work, unless the adjustments or changes are necessitated by an error or
omission of the FOOT. The UAO shall not be responsible for the cost of delays caused by such
adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a.
b. The initial estimate of the cost of the Utility Work is $635.000. At such time as the FOOT prepares its
official estimate, the FOOT shall notify the UAO of the amount of the official estimate for the Utility
Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within
which to accept the official estimate for purposes of making deposits and for determining any possible
contribution on the part of the FOOT to the cost of the Utility Work, or to elect to have the Utility Work
removed from the FOOT's contract and performed separately pursuant to the terms and conditions
set forth in Subparagraph 2. d. hereof.
c. At least Fourteen <.H..) calendar days prior to the date on which the FOOT advertises the Project for
bids, the UAO will pay to the FOOT an amount equal to the FOOT's official estimate; plus ~% for
administrative costs of field work, tabulation of quantities, Final Estimate processing and Project
accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10%
of the official estimate for a contingency fund to be used as hereinafter provided for changes to the
Utility Work during the construction of the Project (the Contingency Fund).
Page 3 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
d. Payment of the funds pursuant to this paragraph will be made (choose one):
D directly to the FOOT for deposit into the State Transportation Trust Fund.
[gI as provided in the attached Memorandum of Agreement between UAO, FOOT and the
State of Florida, Department of Financial Services, Division of Treasury. Deposits of less
than $100,000.00 must be pre-approved by the Department of Financial Services and
FOOT Comptroller's Office prior to execution of this agreement.
e. If the portion of the contractor's bid selected by the FOOT for performance of the Utility Work exceeds
the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in
accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding
FOOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work
from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FOOT or
prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FOOT to
bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus
Allowances and 10% Contingency Fund. The FOOT will notify the UAO as soon as it becomes
apparent the accepted bid amount plus allowances and contingency is in excess of the advance
deposit amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its
obligation to pay for its full share of project costs on final accounting as provided herein below. In the
event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the
additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on
deposit, the UAO shall have sixty (60) calendar days from notification from the FOOT to pay the
additional amount, regardless of when the accepted bid is posted.
f. If the accepted bid amount plus allowances and contingency is less than the advance deposit
amount, the FOOT will refund the amount that the advance deposit exceeds the bid amount, plus
allowances and contingency if such refund is requested by the UAO in writing and approved by the
Comptroller of the FOOT or his designee.
g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will
be notified by the FOOT accordingly. The UAO agrees to provide, in advance of the additional work
being performed, adequate funds to ensure that cash on deposit with the FOOT is sufficient to fully
fund its share of the project costs. The FOOT shall notify the UAO as soon as it becomes apparent
the actual costs will overrun the award amount; however, failure of the FOOT to so notify the UAO
shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting
as provided herein below.
h. The FOOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The
Contingency Fund may be used for increases in the cost of the Utility Work which occur because of
quantity overruns or because of adjustments or changes in the Utility Work made pursuant to
Subparagraph 2. h. Prior to using any of the Contingency Fund, the FOOT will obtain the written
concurrence of the person delegated that responsibility by written notice from the UAO. The
delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses
to provide written concurrence promptly and the FOOT determines that the work is necessary, the
FOOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of
Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO
shall, within fourteen (14) calendar days from notification from the FOOT, pay to the FOOT an
additional 10% of the total obligation of the UAO for the cost of the Utility Work established under
Subparagraph 3. e. for future use as the Contingency Fund.
I. Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of
all costs incurred in connection with the work performed hereunder within three hundred sixty (360)
days. All project cost records and accounts shall be subject to audit by a representative of the UAO
Page 4 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
for a period of three (3) years after final close out of the Project. The UAO will be notified of the final
cost. Both parties agree that in the event the final accounting of total project costs pursuant to the
terms of this agreement is less than the total deposits to date, a refund of the excess will be made by
the FOOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final
accounting of total project costs is greater than the total deposits to date, the UAO will pay the
additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to
pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not
paid within the time specified in the preceding sentence until the invoice is paid.
4. Claims Against UAO
a. The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its
contractors caused by errors or om issions in the Plans Package (including inaccurate location of the
Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely
manner.
b. In the event the FOOT's contractor provides a notice of intent to make a claim against the FOOT
relating to the Utility Work, the FOOT will notify the UAO of the notice of intent and the UAO will
thereafter keep and maintain daily field reports and all other records relating to the intended claim.
c. In the event the FOOT's contractor makes any claim against the FOOT relating to the Utility Work,
the FOOT will notify the UAO of the claim and the UAO will cooperate with the FOOT in analyzing and
resolving the claim within a reasonable time. Any resolution of any portion of the claim directly
between the UAO and the FOOT's contractor shall be in writing, shall be subject to written FOOT
concurrence and shall specify the extent to which it resolves the claim against the FOOT.
d. The FOOT may withhold payment of surplus funds to the UAO until final resolution (including any
actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited
to actual claim payments made by the FOOT to the FOOT's contractor.
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following
terms and conditions shall apply to Facilities placed Out-of-Service:
a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service
Facilities.
b. The FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a
breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FOOT
in accordance with the provisions of Subparagraph e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all applicable local, state or federal laws and regulations and in accordance
with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely
responsible for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to,
records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly
respond to information requests of the FOOT or other permittees using or seeking use of the right of
way.
e. The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT
determ ines that removal is necessary for FOOT use of the right of way or in the event that the FOOT
Page 5 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
determines that use of the right of way is needed for other active utilities that cannot be otherwise
accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and
without any right of the UAO to object or make any claim of any nature whatsoever with regard
thereto. Removal shall be completed within the time specified in the FOOT's notice to remove. In the
event that the UAO fails to perform the removal properly within the specified time, the FOOT may
proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403
and 337.404, Florida Statutes.
f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall
forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT
for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the
right of way. Said costs shall include, but shall not be limited to, charges or expenses which may
result from the future need to remove the Facilities or from the presence of any hazardous substance
or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to
require the UAO to indemnify the FOOT for the FOOT's own negligence; however, it is the intent that
all other costs and expenses of any nature be the responsibility of the UAO.
6. Oefault
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of
the following options, provided that atno time shall the FOOT be entitled to receive double recovery of
damages:
(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from FOOT.
(2) Pursue a claim for damages suffered by the FOOT.
(3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments
until the breach is cured. The right to withhold shall be limited to actual claim payments
made by FOOT to third parties.
(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the
FOOT or the public against payments due under this Agreement for the same Project. The
right to offset shall be limited to actual claim payments made by FOOT to third parties.
(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT
property if the breach is material and has not been cured within sixty (60) days from written
notice thereof from FOOT.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. Inthe event that the FOOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from the UAO.
(2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices.
Page 6 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
(3) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties nor from any statutory obligations that either party may have with regard
to the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event
beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
8. Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
performance of the Agreement, whether direct or indirect, and whether to any person or property to which
FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will
be liable under this section for damages arising out of the injury or damage to persons or property directly
caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the
performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FOOT will immediately forward the claim to the
UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT
will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO
to defend the FOOT in such claim as described in this section. The FOOT's failure to notify the UAO of a
claim shall not release the UAO from any of the requirements of this section. The FOOT and the UAO will pay
their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party
participates in the defense of the claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT -OWNED UTILITIES,
The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FOOT or said parties may be
subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
damages arising out of the injury or damage to persons or property directly caused by or resulting from the
negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FOOT's option, to participate
and associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FOOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the
Page 7 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
UAO is not liable or determines the FOOT is solely negligent. Only a final adjudication of judgment finding the
FOOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs
and fees related to this obligation and its enforcement by the FOOT. The FOOT's delay in notifying the UAO
of a claim shall not release UAO of the above duty to defend.
9. Miscellaneous
a. Time is of essence in the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans
Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO
shall not be obligated to protect or maintain any of the Facilities to the extent the FOOT's contractor
has that obligation as part of the Utility Work pursuant to the FOOT's specifications.
c. The FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the UAO in conjunction with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations with
respect thereto, except that the parties understand and agree that the FOOT has manuals and written
policies and procedures which may be applicable at the time of the Project and the relocation of the
Facilities.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to
be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining
portions hereof.
f. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by
. the end of five business days from the proper sending thereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FOOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Mr. Michael D. Quillen, P.E., City Engineer
City of Clearwater
100 S. Myrtle Avenue, Suite 220
Clearwater, FL 33756
If to the FOOT:
Mr. John M. Kubler, District Utility Administrator, FOOT
11201 N. McKinley Drive, MS 7-820
Tampa, FL 33612-6456
10. Certification
This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto by
the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes
To Form Document and no change is made in the text of the document itself. Hand notations on affected
portions of this document may refer to changes reflected in the above-named Appendix but are for reference
purposes only and do not change the terms of the document. By signing this document, the UAO hereby
represents that no change has been made to the text of this document except through the terms of the
appendix entitled Changes to Form Document.
Page 8 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
You MUST signify by selecting or checking which of the following applies:
o No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Documenf' is attached.
[gI No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: City of Clearwater
BY:(Sianature)
DATE:
(Typed Name: SEE APPENDIX)
(Typed Title:
Recommend Approval by the District Utility Office
BY: (Sianature)
DATE:
FOOT Legal review
BY: (Sianature)
DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Sianature)
DATE:
(Typed Name: Scott W. Collister. P.E.. CPCM)
(Typed Title: Director of TransDortation DeveloDment)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
DATE:
(Typed Name: ->
(Typed Title: ->
Page 9 of 9
APPENDIX
State of Florida Department of Transportation
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
CHANGES TO FORMS DOCUMENT
FPID: 256890-1-56-03
1. Page 9 of 9, following "IN WITNESS WHEREOF.. .year first within."
Add the following signature blocks following the "Utility...(Typed Title)" blank:
Countersigned:
City of Clearwater, Florida
Frank Hibbard
Mayor
By:
William B. Horne, II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ClY\-d
\~.L\
City Council
_~genc!~L~over Memorandum
Tracking Number: 1,904
Actual Date: 02/02/2006
Subject / Recommendation:
Adopt Resolution 06-14 supporting the continued presence of Pinellas County Government
offices in Downtown Clearwater and requesting and authorizing the City Manager to engage the
administration of Pinellas County in discussions regarding shared opportunities for building
location, parking, or other needed spaces in Downtown to facilitate County retention in
Downtown Clearwater.
Summary:
The Pinellas County Board of County Commissioners approved a contract for real estate financial
consulting and conceptual campus planning services with Equis Corporation in June 2005. Over
the last several months, Equis has been reviewing the County's space needs for the next 15
years and potential locations for consolidation of their operations. As part of their research and
evaluation, Equis has met with City staff to review plans for downtown, current and upcoming
projects, land values, as well as opportunities for partnerships with the City and the County.
Equis finalized their report and presented their findings and recommendations to the County
Board this month. The two most viable options for the County are 1) to build a campus in
downtown Clearwater or 2) move all their operations except the courts to the former Eckerd
building. In terms of cost, building a campus downtown is slightly less expensive than moving to
Eckerd (roughly 3%).
This study now clearly presents the City with an opportunity to begin serious discussions with
the County regarding joint opportunities for building location and parking in downtown
Clearwater. Adoption of the attached resolution would authorize the City Manager to commence
those exploratory discussions with full support of the City Council.
Originating: City Manager
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Financial Information:
Review Aooroval
Rod Irwin 01-26-2006 11:27:51
Garrv Brumback 01-26-2006 12:45:05
Pam Akin 01-26-2006 11 :41 :48
Bill Horne 01-26-2006 14:57:43
Cyndie Goudeau 01-26-2006 15:11:32
RESOLUTION NO. 06-14
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
SUPPORTING THE CONTINUED PRESENCE OF PINELLAS COUNTY
GOVERNMENT OFFICES IN DOWNTOWN CLEARWATER.
WHEREAS, the City COWlcil passed a Proclamation on May I, 2003 declaring that the
citizens, elected officials and administration of the City of Clearwater highly value the relationships
and presence of Pinellas COWlty Government and the COWlty Court system in Downtown
Clearwater; and
WHEREAS, the employees and investments of Pinellas COWlty Government in the City of
Clearwater are critical to the success and support of retail, office, and residential development in
Downtown Clearwater; and
WHEREAS, the Clearwater Downtown Redevelopment Plan approved by the Board of
County Commissioners on February 3, 2004 states that the City of Clearwater values the location
of Pinellas County Government in Downtown Clearwater; and
WHEREAS, the Downtown core will continue to attract private sector jobs and offices
that desire to locate in close proximity to this Government Center as well as businesses attracted
to Clearwater for its size, central location, and amenities; and
WHEREAS, the City of Clearwater encourages Pinellas County Government to remain
in the Downtown, and with the City of Clearwater offices, be the center of government.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
SECTION 1. The City COWlcil of the City of Clearwater values the longstanding
relationship of Pinellas COWlty government offices and Court system and desires their continued
presence in Downtown Clearwater.
SECTION 2. The City Council requests and authorizes the City Manager to
engage the administration of Pine lIas County in serious discussions regarding shared
opportunities for building location, parking, or other needed space in Downtown so as to
facilitate the County in viewing Clearwater as the appropriate site for the County
Government center.
SECTION3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard, Mayor
Approved as to form:
Attest:
Pam Akin
City Attorney
Cynthia E. Goudeau
City Clerk
City Council
CJn- \
\d.S
~b
"""",__~9!!!~a cove.I.:..Memorand~.I!!-...._,,"___,~___~.__
Tracking Number: 1,898
Actual Date: 02/02/2006
Subject / Recommendation:
Approve the City of Clearwater Community Vision which includes the vision statement, mission
statement, and list of priorities.
Summary:
Early in 2005, the City Council began the visioning process by holding a series of workshops to
discuss the vision for Clearwater. During these workshops the vision statement was discussed
among the Council and citizens and altered, and it became apparent that there was a need to
better connect its components: mission statement, the vision statement, and the priorities. The
City Council agrees that citizen involvement is fundamental to the city vision.
The City Council conducted nine public meetings throughout Clearwater. Approximately 300
people attended the meetings, along with almost 70 that completed an on-line survey that was
made available on the city's website. The result of this effort is a collaborative vision for
Clearwater.
9 During the workshop on January 23rd, the City Council slightlyaltered the language of the
Mission Statement to the following:
"The Mission of the City of Clearwater is to provide cost effective services and infrastructure
necessary for a high quality of life for all our citizens."
9 Also on the January 23rd workshop the City Councilagreed to the following Vision
Statement:
"Sparkling Clearwater is a uniquely beautiful and vibrant waterfront community
that is socially and economically diverse, that reinvests in itself,
and is a wonderful place to live, learn, work and play."
9 During the community vision meetings, citizens were asked to choosethe top five issues
they feel are most important. Since it is difficult to focus on thirteen related but distinct
priorities, they were grouped into a framework that relates to the City's official vision statement.
Clearwater is a Wonderful place to Live
It has:
A Safe CleanGreen Environment
Safe ComfortableWalkable Neighborhoods
Well Maintained Housing Stockin all Markets
Clearwater is a Wonderful Place to Learn
It provides its citizens with:
High QualityEducation
Clearwater is a Wonderful Place to Work
It seeks:
Economic Vitalitya
k
City Council
AgenC!~ Cover Memorandu,!!!......._,_
nd Reinvestment
Diverse High-PayingJobs
Clearwater is a Wonderful Place to Play
It offers:
A Variety of Cultural and Recreational Offerings
Clearwater Provides the Infrastructure to Support all its Attributes
To ensure that the City remains a great place to live, learn, work and play, Clearwater invests
in:
Well Maintained Infrastructure
Efficient, Responsive City Services
Efficient Transportation Systems
Communication
Clearwater includes Special Places that Belong to Everyone in the Community
Two places in Clearwater are especially important to all its citizens:
A Quality Beach Environment
A Vibrant Downtown that's Mindful of its Heritage
Originating: City Manager
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
In Current Year Budget?
No
Budaet Adjustment:
No
Review Approval
Garrv Brumback
01-25-2006
16:48:58
Cvndie Goudeau
01-26-2006
10:24:09
Bill Horne
01-26-2006
08:26:32
~I~
1I.~
City Council
Ag~~.~da cover..Memorandu!!!.
c.A -'\ d-
\~.\
Tracking Number: 1,867
Actual Date: 02/02/2006
Subject / Recommendation:
Pass Ordinance 7599-06 on first reading, amending Ordinance 6779-01 as amended by
Ordinance 7350-04, and as amended by Ordinance 7400-05 vacating the 60 foot right-of-way of
Third Street (AKA Third Avenue), bounded on the east by the westerly right-of-way line of
Coronado Drive and bounded on the west by the easterly right-of-way line of South Gulfview
Boulevard; subject to special conditions; amending the special conditions.
Summary:
In Ordinance 6779-01, the City Council granted the vacation requested by Seashell Resort, LLC,
of the above right-of-way, subject to special conditions which have not been met.
In Ordinance 7350-04, the conditions described in Ordinance 6779-01 were amended.
The current owners, Crystal Beach Capital, LLC, requested an amendment to the conditions
that changed the required commencement of construction to March 6, 2006 rather than one
year from the effective date of Ordinance 7350-04, which amendment was made by Ordinance
7400-05.
Ordinance No. 7599-06 changes the required commencement of construction to December 31,
2006, rather than March 6, 2006.
Originating: City Attorney
Section City Attorney Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: Yes
Advertised Dates: 02/04/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006
16:57: 15
Cvndie Goudeau
01-19-2006
11:37:10
\La: c.A~\ Q
ORDINANCE NO. 7599-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 6779-01, AS AMENDED BY
ORDINANCE 7350-04 AND AS AMENDED BY ORDINANCE
7400-05, VACATING THE 60 FOOT RIGHT-OF-WAY OF
THIRD STREET, (AKA THIRD AVENUE), BOUNDED ON THE
EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF
CORONADO DRIVE AND BOUNDED ON THE WEST BY THE
EASTERLY RIGHT-OF-WAY LINE OF SOUTH GULFVIEW
BOULEVARD: SUBJECT TO SPECIAL CONDITIONS;
AMENDING THE SPECIAL CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in Ordinance No. 6779-01, the City Council granted the vacation
requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached hereto,
subject to special conditions which conditions have not been met; and
WHEREAS, in Ordinance 7350-04, the conditions described in Ordinance 6779-01
were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, requested amendments
to the conditions, which were adopted by Ordinance 7400-05, which conditions have not been
met; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
general public that the same be vacated subject to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Section 1. of Ordinance 6779-01, vacating the 60 foot right of way of
Third Street (AKA Third Avenue), bounded by the East by the Westerly Right of Way line of
Coronado Drive and bounded on the West by the Easterly Right of Way line of South Gulfview
Boulevard; subject to special conditions, as amended by Ordinance 7350-04, and as
amended by Ordinance 7 400-05, is hereby amended to read as follows:
Section 1. The following: 60 foot right-of-way of Third Street, (AKA Third
Avenue), bounded on the east by the westerly right-of-way line of
Coronado Drive and bounded on the west by the easterly right-of-way
line of Gulf View Boulevard, closed and released and the City of
Clearwater releases all of its right, title and interest thereto, contingent
upon the following conditions:
1. Developer shall commence construction of the Project as
described in the Second Amended and Restated Development
Agreement between the City of Clearwater and Beachwalk
Resort, LLC by December 31, 2006. Upon satisfaction of this
condition, Developer shall prepare and submit to the City a
certificate of satisfaction of this condition that shall be executed
Ordinance No. 7599-06
by the City and returned to the Developer, who shall record the
certificate in the Public Records of Pinellas County, Florida. The
recording of such certificate shall conclusively confirm that this
condition has been timely satisfied. The date for commencement
of construction may be extended for unavoidable delay as
provided in the Development Agreement.
2. Easements shall be dedicated to provide adequate access to all
relocated utilities.
3. All public and private utilities shall be relocated by Clearwater
Seashell Resort, L.C. at its own expense and to the approval and
acceptance of the utility owners with all out of service utilities
removed prior to completion of said project.
4. A 10-foot public access easement shall be dedicated to provide
pedestrian access from Coronado Drive to the new alignment of
Gulf View Boulevard.
5. This vacation ordinance shall be rendered null and void if any of
the preceding conditions are not met.
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
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7599-06
..
o
.,
:
City Council
A9'!,~Ea Cover Memorandum.____,,_,_
c.B- \ '3
\3.\~
Tracking Number: 1,868
Actual Date: 02/02/2006
Subject / Recommendation:
Pass Ordinance 7600-06 on first reading, amending Ordinance 6780-01 as amended by
Ordinance 7351-04, and as amended by Ordinance 7401-05, which vacated the east 35 feet of
the 70 foot right-of-way of Gulfview Blvd., bounded on the north by the westerly extension of a
line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104 of
L1oyd-White-Skinner subdivision, as recorded in Plat Book 13, page 12 of the Public Records of
Pinellas County, Florida, and bounded on the south by the westerly extension of the south lot
line of Lot 59, of said L1oyd-White-Skinner subdivision, subject to special conditions; amending
the special conditions.
Summary:
In Ordinance 6780-01, the City Council granted the vacation requested by Seashell Resort LLC
of the above-described right of way, subject to special conditions which have not been met.
In Ordinance 7351-04, the conditions described in Ordinance 6780-01 were amended.
The current owners, Crystal Beach Capital, LLC, requested an amendment to the conditions that
will change the required commencement of construction to March 6, 2006 rather than one year
from the effective date of Ordinance 7351-04, which amendments were made in Ordinance
7401-05.
The current ordinance will change the required commencement of construction from March 6,
2006 to December 31, 2006.
Originating: City Attorney
Section City Attorney Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: Yes
Advertised Dates: 02/04/2006
Financial Information:
Review Approval
Pam Akin
01-13-2006
16:44:35
Cvndie Goudeau
01-19-2006
11 :39:03
~', e.,A -\ -s
ORDINANCE NO. 7600-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE 6780-01, AS
AMENDED BY ORDINANCE 7351-04, AND AS AMENDED
BY ORDINANCE 7401-05, WHICH VACATED THE EAST 35
FEET OF THE 70 FOOT RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, BOUNDED ON THE NORTH BY THE
WESTERLY EXTENSION OF A LINE PARALLEL TO AND
20 FEET NORTH OF THE NORTHERLY LOT LINE OF
LOTS 57 AND 104 OF LLOYD-WHITE-SKINNER
SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE
12 OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA AND BOUNDED ON THE SOUTH BY THE
WESTERLY EXTENSION OF THE SOUTH LOT LINE OF
LOT 59, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION,
(AKA THE SOUTH LOT LINE OF THE BEACH PLACE
MOTEL CONDO, PLAT BOOK 65, PAGE 13, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA),
SUBJECT TO SPECIAL CONDITIONS; AMENDING THE
SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in Ordinance No. 6780-01, the Council granted the vacation
requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached
hereto, subject to special conditions which have not been met; and
WHEREAS, in Ordinance 7351-04, the conditions described in Ordinance 6780-01
were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, requested
amendments to the special conditions, which were adopted by Ordinance 7401-05, which
conditions have not been met; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
general public that the same be vacated subject to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That Section 1. of Ordinance 6780-01, vacating the East 35 feet
of the 70 foot right-of-way of Gulf View Boulevard, bounded by the north by the westerly
extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104
of L1oyd- White-Skinner Subdivision, as recorded in Plat Book 13, page 12 of the Public
Records of Pinellas County, Florida and bounded on the south by the westerly extension
of the south lot line of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot
Ordinance No. 7600-06
line of The Beach Place Motel Condo, Plat Book Book 65, Page 13, of the Public Records
of Pinellas County, Florida), subject to special conditions, as amended by Ordinance
7351-04, and as amended by Ordinance 7401-05, is hereby amended to read as follows:
Section 1. The following: East 35 feet of the 70 foot right-of-way of
Gulf View Boulevard, bounded on the north by the westerly extension
of a line parallel to and 20 feet north of the northerly lot line of Lots 57
and 104 of L1oyd-White-Skinner Subdivision, as recorded in Plat Book
13, page 12 of the Public Records of Pinellas County, Florida and
bounded on the south by the westerly extension of the south lot line
of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot
line of The Beach Place Motel Condo, Plat Book 65, Page 13, of the
Public Records of Pinellas County, Florida), closed and released and
the City of Clearwater releases all of its right, title and interest thereto,
contingent upon the following conditions:
1. Developer shall commence construction of the Project as
described in the Second Amended and Restated
Development Agreement between the City of Clearwater and
Beachwalk Resort, LLC by December 31, 2006. Upon
satisfaction of this condition, Developer shall prepare and
submit to the City a certificate of satisfaction of this condition
that shall be executed by the City and returned to the
Developer, who shall record the certificate in the Public
Records of Pinellas County, Florida. The recording of such
certificate shall conclusively confirm that this condition has
been timely satisfied. For purposes of this ordinance,
commencement of construction shall mean Developer
obtaining a foundation permit from the City of Clearwater
and commencement of construction of the foundation in
accordance with said permit. The date for commencement of
construction may be extended for unavoidable delay as
provided in the Development Agreement.
2. The public vehicular and pedestrian use of the subject right-
of-way shall be maintained until such time as a suitable paved
roadway is constructed to the west of the subject right-of-way
to accommodate two lanes of two way traffic capacity.
3. Easements shall be dedicated to provide adequate access to
all relocated utilities.
4. All public and private utilities shall be relocated by Beachwalk
Resort, LLC to the approval and acceptance of the utility
owners with all out of service utilities removed prior to
completion of said project.
Ordinance No. 7600-06
5. A 10-foot public access easement shall be dedicated to
provide pedestrian access from Coronado Drive to the new
alignment of Gulf View Boulevard, and
6. This vacation ordinance shall be rendered null and void if any
of the preceding conditions are not met.
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
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7600-06
R~ " [5. \
Phillips, Sue
From:
Sent:
To:
Subject:
Morris, William D.
Thursday, February 02, 20063:13 PM
Harriger, Sandy; Phillips, Sue; WIlson, Denise
Working Waterfronts
Sandy/Sue/Denise; not sure if Rod, Garry or Bill have a copy of the Working Waterfronts report, the Vice Mayor wants to
talk about Working Waterfronts its late in the Agenda, there is a definition in the footnotes on Page one note 4 that covers
how we fit in. Tax relief is discussed on Page 16. Bay News Nine is calling me about it, they may show up tonight... guess
its good to be last on the agenda!... Bill M
Wor1<ing_ Waterfron
ts_Report.pdf...
1
Working Waterfronts
Report Number 2005-122
November 2004
Prepared for
The Florida Senate
Prepared by
Committee on Community Affairs
Page 2
Table of Contents
Summary......... ...... ............. .... ..... ...... ........... ...... ..... ...... ................. ............ ............... ......... separate document
Background... ....... .......... ....... ...... ..... ...... ...... ........ .............. ... .... ...... ........................... ...................................1
Methodology..... ..... ................. ..... ...... .....,. ............ .... ..... ........ .... ...... ..... ...... ..... ..............................................3
Findings...... .......................................................................................................................... ........ .... ... ..........3
Inventory of Facilities. ........... .................................. ..... .................... ................................................ ,........3
Increased Demand for Recreational Access. .............................................................................................. 5
Conversion of Commercial-Fishing Waterfronts ... ................................. ...................................................7
Conversion of Recreational Waterfronts .............................................................. ..... ...... ....................... .... 7
Impediments to Development of New Access................................................... ......................................... 9
State Strategies to Preserve or Increase Access........................................................................................ 10
Local Initiatives to Preserve or Increase Access....................................................................................... 13
Conclusions and Recommendations ....................... ............... ...... ...... ............ .............................................. 15
Property Tax Relief: Currently Available ...............................................................................................16
Property Tax Relief: Proposed Options...................................................................................................17
IndustrylIntergovemmental Coordination............ ..... ...... ...... .............. ............. ....... ..... ............. ............... 18
Additional Proposed Options.......... .................................................... ..................................................... 19
Recommendations...................................,....................... .................... ........... .......................... ................20
Background
A diversified waterfront industry, both commercial and recreational, is an
important component of the state economy. According to a recent study, the
"marine industry represents a total economic output of over $14.1 billion and is
responsible for over 180,000 jobs in the state."j Another study found that the
marine industry in Broward County generated $8.8 billion in total economic
output in 2000, providing $3 billion in wages and earnings. This study also found
that the industry provided 109,820 full time jobs, making it among the county's
largest employment sectors.2
Additionally, a recent study commissioned by the Florida Fish and Wildlife
Conservation Commission found that:
"Statewide, the total economic impact of public boat ramps is approximately
$1.3 billion per year....In addition to the economic impact, over 25,000 jobs
are created statewide and approximately $128 million generated in state and
local tax revenue.,,3
Changes in Florida's economy and land use may be affecting the economic
viability of commercial-fishing and recreational working waterfronts.4 It is
reported that, increasingly, development interests are buying traditional working
waterfronts and converting them to private and residential use. "Water-enhanced"
and "water-related" activities are replacing traditional or "water-dependent"
activities.s This has the effect of both decreasing the availability of waterfront
property necessary to sustain commercial-fishing and recreational boating
activities, and increasing the value of nearby working waterfront property. This
increase in property value results in higher property taxes, which may cause the
working waterfronts to be decreasingly profitable, thereby compounding the
pressure to convert to the "highest and best" use of the property. 6
1 "Florida's Recreational Marine Industry - Economic Impact and Growth 1980-2000,"
March 2001, by Thomas J. Murray & Associates, for the Marine Industries Association of
Florida, Inc., p. iii.
2 "Marine Industries Association of South Florida Master Plan," published by the F AU
Joint Center for Environmental & Urban Problems, 2002.
3 "Assessing the Economic Impact and Value of Florida's Public Piers and Boat Ramps,"
Florida Fish and Wildlife Conservation Commission, March 2001, p. 8.
4 The term "commercial-fishing and recreational working waterfronts" is defined as
public or private-owned water-dependent facilities that are available to the public. It
includes marinas, mooring fields, boat yards, boat ramps, and commercial-fishing support
facilities. It does not include "Ports" (federally chartered or port authorities) & military
waterfronts.
5 "Watermarks: Technical Briefs on Coastal Waterfront Revitalization," Volume 1, Issue
3. Department of Community Affairs, July 1997.
6 This phenomenon in the state of Maine is profiled by Maine Coastline, a publication of
the Maine Coastal Program at the State Planning Office, and Preserving Commercial
Fishing Access: A Study of Working Waterfronts in 25 Maine Communities. Both
resources are available at www.mainecoastalprogram.org.
Page 1
The local and regional economic benefit of converting working waterfronts to
residential uses varies, depending on the specific social and economic
circumstances. However, a recent study in Maine fOWld that while such
conversions initially invigorate the local economy (during the construction stage),
the positive benefit diminishes over the long term - especially in small
jurisdictions.7
Coastal residential development may also be decreasing the relative availability of
public access to the water through boat ramps. Research indicates that the
construction of new laWlch facilities has not kept pace with increases in annual
vessel registrations. Escalating prices for coastal property make it difficult for
state and local governments to purchase new access points to meet this growing
demand.
Economic pressures to convert property from public accessible to private
residential uses is not a recent development.
In 1983, the Governor appointed a Blue Ribbon Marina Committee to "investigate
problems encoWltered by water-dependent activities in the state with an emphasis
on marinas and recreational boating."s The committee concluded that increasingly
waterfront is being developed for private as opposed to public access.
In 1995, the Florida Coastal Management Program commissioned a study to
develop a profile of Florida's working waterfronts and the economic viability of
those areas. The report fOWld that
". . .many working waterfronts are experiencing a decline in economic activity
due to market forces and demands for waterfront property, the fishing net ban,
and other trends affecting small-scale commercial fishing.,,9
Consequently, loss of commercial and recreational waterfront to residential
development and the relative diminishing access to boat laWlch facilities may
have a long term adverse economic impact on our state and local economies.
7http://www.portlandphoenix.comlfeatures/other stories/multi 3/ docwnents/039 I 9490 .asp
and Profile of Working Wateifronts, F AU/FIU Joint Center for Environmental and Urban
Problems, 1995, p. 19. The service jobs created to support the residential community are
typically less valuable that the waterfront jobs that are replaced, and in smaller
communities that were highly dependent on those waterfront jobs, the impact is
proportionally greater.
S Economic Impact of Blue-belting Incentives on the Marina Industry in Florida, by
Frederick Bell, Department of Economics, FSU, July 1990. p. ii.
9 Profile of Working Wateifronts, F AU/FIU Joint Center for Environmental and Urban
Problems, 1995, p. v. As a result of the study, the Waterfronts Florida Partnership
Program was created in 1997 to provide technical and limited financial assistance to
participating communities for the development and implementation of a plan to revitalize
their waterfront districts.
Page 2
Methodology
Findings
Access to public waterfront is an amenity that adds to our quality of life and
makes Florida a desirable destination for residents as well as tourists.
Committee staff consulted staff of the Fish and Wildlife Conservation
Commission, the Department of Community Affairs, the Department of
Environmental Protection and other government entities, and surveyed local
governments and representatives from the boating industries to obtain information
and to identify strategies to maintain public access and assist working
waterfronts.
Inventory of Facilities
Defmitively documenting the conversion of working waterfronts to private and
residential uses and the relative loss of access to boat ramps is problematic. First,
a comprehensive current inventory of commercial-fishing and recreational
working waterfronts in Florida (marinas, boatyards, and boat ramps) does not
exist. 10 However, various estimates are available.
In 1995, the F AU/FIU Joint Center for Environmental and Urban Problems
identified thirty-one "traditional" or commercial-fishing working waterfronts
throughout the state. I I These are working waterfronts with commercial fishing and
workboat repair yards, seafood processing and fish-house facilities that "are not
part of a commercial port and may represent a part of Florida' s history and culture
threatened by urban development and market forces. ,,12
The Division of Recreation and Parks within the Department of Environmental
Protection (DEP) maintains an inventory of all outdoor recreational facilities
and resources in the state provided by federal, state, regional, county and
municipal governments, commercial enterprises (which may include retail sales
facilities), non-profit organizations, and private clubs.13 Preliminary tallies for
2004 indicate that there were 62,954 boat slips in 1,546 fresh and saltwater
10 In part to address this problem, the Florida Fish and Wildlife Conservation Commission
(FWC) is now commissioning a comprehensive statewide recreational boating facilities
inventory for Florida. The inventory will include facilities (marinas, dry storage, mooring
fields, boat ramps, and docks) in saltwater, freshwater, and brackish environments. It is
projected that the inventory will be completed in 2 - 3 years.
II Profile of Working Watetfronts, p. 5-9. The report acknowledged that the inventory
"probably is not exhaustive..."
12 Ibid, p. iv. This term does not include "modem" working waterfronts, which are
characterized by water-based recreation and tourism (tour boat charters, dive ships,
marinas, etc.)
13 Outdoor Recreation in Florida - 2000, Florida's Statewide Comprehensive Outdoor
Recreation Plan, (SCORP) Florida DEP, February 2002. p. 2-62. The estimate does not
include private facilities, such as condominium slips or "dockominiums." This
information is self-reported.
Page 3
marinas. The inventory also shows 35,908 dry storage slips. [See TABLE I] The
Division of Law Enforcement within DEP also maintains a database of public
marinas across the state. As of July, 2004, the database lists 944 marinas. 14
Approximately 25 percent are "boatyards," or boat repair facilities. 15
The Florida Wildlife Commission recently estimated that there are approximately
8,000 boat ramps across the state.16 However, the report noted that many of
these ramps are not available to the public - the use is "limited to their owners or
members of exclusive marinas and yacht clubs.,,17 The report found that there are
an "estimated 1,300 ramps statewide operated by public agencies (federal, state
and local) explicitly for public use. ,,18 Approximately 200 of these ramps sites are
maintained by the FWC. 19 TABLE 1 shows that DEP lists 2,714 public and
private (non-residential) ramps with 3,404 lanes in the state.
However, measuring the change in access, as depicted in TABLE 1, is
problematic because the information is self-reported and the totals for 2004 are
preliminary. While the totals may capture new facilities, they do not capture
facilities closed or converted from public to private use since the most recent
Florida's Statewide Comprehensive Outdoor Recreation Plan report (SCORP).
Given the limitations in the data presented in TABLE 1, it may be concluded that,
since 1987, there has been no change in the number of marinas, a decline in dry
storage units, and a small increase in marina slips and boat ramps (and ramp
lanes).
Our limited research indicates that while the number of boat ramps and ramp
lanes has increased slightly statewide over the past 17 years, the public's relative
access has declined due to the increase in the number of registered boats in the
state.20 This is especially apparent in Florida's urban counties.21
14 July, 2004. See: htto:llwww.deo.state.fl.usllaw/Grants ICV AlMarinas Database.XLS
These figures differ from the SCORP database because they do not include private clubs
and retail facilities.
15 Jan Delaney, Div. of Law Enforcement, DEP. 7/04.
16 Assessing the Economic Impact and Value of Florida's Public Piers and Boat Ramps.
FWC, March 2001, pp. 13-14.
17 Ibid.
18 Ibid., p. 14. The FWC also found that ''the distribution of public ramps is fairly uniform
between the northern and central regions of Florida, with the south containing less than a
quarter ofthe state's ramps." As to ramp use, the FWC found that "...ofthe roughly 5.5
million visits annually to publicly owned Florida boat ramps, over forty percent ofthese
visits occur in the central region; nearly 40 percent more than south Florida and 20
percent more than north Florida."
19 http://www.floridaconservation.org/fishing/rampsl
20 This may be a more significant problem in those counties experiencing conversions of
working waterfronts to residential uses, as many public marinas also have boat ramps. See
"Downtown boat ramp must stay put," Editorial, News-Press Fort Myers, April 8, 2004,
and "Boat ramps unlikely at Wall Springs Park," St. Petersburg Times, August 4, 2004.
21 The Palm Beach Post recently reported that "In Lee county, there's about 47,345 boat
owners, but only 13 public ramps. Sarasota and Manatee counties have a combined 24
Page 4
While the launching capacity of boat ramps is the primary problem, lack of
parking for vehicles and trailers is another indication that existing facilities may
also be inadequate.22
Increased Demand for Recreational Access
In 2003, Florida had 978,225 registered boats, a 29.5 percent increase from 1997,
and a 51.7 percent increase from 1987.23 This is approximately twice the rate of
the population increase for the state over the same period.24
Visiting vessels registered in other states also require waterfront facilities. It is
reported that Florida is the top ranked destination for marine recreation in the
United States, with an estimated 4.3 million participants.,,25 Consequently, it
appears that our present inventory of waterfront facilities may be insufficient to
meet current demand.
ramps for about 40,000 boats." "Boaters having trouble finding launch access," Palm
Beach Post, July 5, 2004. The Miami Herald reported that Miami-Dade County has more
than 50,000 registered boats and 56 ramps at six marinas. "They call it ramp rage," Miami
Herald, July 4, 2004.
22 It is reported that Palm Beach County has 550 parking spaces for the 26,000 boat
trailers registered in the county. "Boaters having trouble finding launch access," Palm
Beach Post, July 5, 2004. Collier County's only public boat ramp has 60 parking spaces
for cars with trailers. "Trailer parking at a premium," News-Press Bonita, March 13,
2004. The article does note that the county recently acquired property to expand access,
with parking.
23 Information available in the Florida Vessel Title Registration System. Of this total,
39,257 vessels are registered as commercial and 939,968 are registered as recreational.
See Boating Accidents, 2003 Statistical Report, FWC, p. 3. Florida had 644,813
registered recreational boats in 1987. See Economic Impact of Blue-belting Incentives on
the Marina Industry in Florida, by Frederick Bell, Department of Economics, FSU, July
1990. p. ii.
Florida ranks second only to Michigan in the number of registered recreational boats. (p.
IS).
24 The estimated statewide population increase was 14.2 percent, from 14.9 to 17 million.
See htto:/ /www.state.f1.us/edr/ooDulation/web7.xls)
25 See A Recreational Boating Characterization For Tampa and Sarasota Bays, Sea
Grant, University of Florida TP-130, June 2004, p. 1.
In addition, the FWC reports that Florida ''waterways increasingly show the strains of
congestion as each year brings more residents and visitors to utilize our abundant water
resources and take advantage of our mild climate." Boating Accidents, 2003 Statistical
Report. FWC, p. 3.
Page 5
TABLE 1: DEP Estimate of Facilities*
2004** 1998 1992 1987
Fresh Water
Marinas 480 511 342 344
Salt Water
Marinas 1,066 1,123 1,073 1,201
Total 1,546 1,634 1,415 1,545
Fresh Water
Marina Slips 12,369 12,237 11,417 11,183
Salt Water
Marina Slips 50,585 45,839 45,436 49,499
Total 62,954 58,076 56,853 60,682
Fresh Water
Dry Storage 4,052 4,980 3,800 4,298
Salt Water
Dry Storage 31,856 33,791 31,052 33,476
Total 35,908 38,771 34,852 37,774
Fresh Water
Ramps 1,639 1,558 *** ***
Salt Water
Ramps 1,075 1,055 *** ***
Total 2,714 2,613
Fresh Water
Ramp Lanes 2,031 2,017 1,817 1,761
Salt Water
Ramp Lanes 1,373 1,328 1,256 1,232
Total 3,404 3,345 3,073 2,993
* This is an inventory of facilities owned by federal, state, regional, county and
municipal governments, commercial enterprises (including retail sales facilities),
non-profit organizations, and private clubs. It does not include condominium slips or
"dockominiums."
** These totals represent preliminary tallies, which historically capture new
facilities, but not facilities closed since the last SCaRP report.
*** Information not compiled in this category
SOURCE: Tables from Florida's Statewide Comprehensive Outdoor Recreation,
years 2000, 1995, & 1990.
Page 6
Conversion of Commercial-Fishing Waterfronts
A nwnber of specific factors have combined to exert pressure on the commercial-
fishing industry to convert their property to other uses:26
. The constitutional net-ban adopted by the electorate in 1994 resulted in
reducing the catch and consequently, the income potential, of commercial
fisheries;
. Increased regulation on commercial fishing;
. Recent increases in imported seafood has depressed the prices for locally
harvested seafood, further reducing income potential;
. Escalations in waterfront property values have resulted in higher property
taxes, thereby increasing the operating costs; and
. Regulatory impediments to new marina development make existing
commercial-fishing waterfronts attractive to residential developers.
In response to these pressures, it is reported that some commercial fishermen have
"down-sized" their operations and modified portions of their properties to include
mixed-use development (recreationaVtransient marinas, restaurants, tourism), or
sold their property to residential developers. Commercial fishermen who sell their
working waterfront property may remain in operation by docking in other
commercial-fishing facilities, or in private residential slips or recreational
marinas.27
We surveyed all counties and municipalities about changes in waterfront land use
in there jurisdictions. In response to our survey, the ten counties28 and ten
municipalities29 reported that commercial-fishing working waterfronts in their
jurisdictions have been in the past five years or are currently being bought by
private interests and converted to public or private marinas/dry docks.
Conversion of Recreational Waterfronts
Newspaper articles have docwnented the recent increase in demand for
condominiums,30 for condominiums with marina access, and "marina
26 Jerry Sansom, Organized Fishermen of Florida, 8/04 & Bob Jones, Southeastern
Fisheries Association, 8/04.
27 Jerry Sansom, Organized Fishermen of Florida, 8/04.
28 Broward; Citrus; Dixie, Franklin; Lee; Levy; Monroe; Pasco; Sarasota; and Walton.
29 Apalachicola (Franklin); Clearwater (Pinellas); Madeira Beach (Pinellas); Destin
(Okaloosa); Miami (Miami-Dade); Pensacola (Escambia); Port Richey (Pasco); Riviera
Beach (Palm Beach); S1. Augustine (S1. Johns); and Sarasota (Sarasota).
3o"Condo fever, fueled by historically low interest rates, a double-barreled demographic
boom and scarcity of open land, is raging in the Tampa Bay area." Nationwide, the
National Association of Realtors report that sales of existing condos set a record in the
second quarter of 2004. Condo prices are appreciating at twice the rate of single-family
homes. The article also reports that condominium filings with the Florida Department of
Business and Professional Regulation have more than doubled over the past three years.
See "Living the High Life," S1. Petersburg Times, August 8, 2004.
Page 7
condominiwns" for boats.3l This demand may be a significant factor contributing
to the conversion of recreational waterfront property to private or private
residential uses.32 While this conversion probably may not decrease the relative
number of slips statewide, it limits their availability.33
We surveyed all counties and municipalities about conversions of recreational
working waterfronts in their jurisdictions. In response to our survey, thirteen
counties34 and twenty-three municipalities35 reported that, within their respective
jurisdictions and within the past five years, the public has lost access to
recreational working waterfronts because such facilities are being bought by
development interests and converted to private marinas/dry docks or to private
residential uses.
Recreational boating industry representatives report that fifty-seven marinas or
boatyards have recently converted to condominiwns or other private uses, and a
nwnber of sales of such facilities are pending or have been proposed.36 Finally,
industry representatives note that the recent hurricanes have also affected the
inventory of public-accessible waterfront facilities.37
31"Homebuyers are flocking to condos, apartments with marinas." South Florida Sun-
Sentinel, August 1,2004.
"Sanibel marina rides condo wave" Fort Myers News-Press, May 16,2004.
32 To include converting slips for larger boats or yachts, thereby decreasing the capacity
for medium and small boats.
33 There is some indication that private-owned slips are made available for lease.
However, the cost of such leases likely corresponds to the cost of the slip, making it less
affordable to the boating public.
34 Brevard; Broward; Citrus; Dixie; Escambia; Franklin; Jefferson; Lee; Levy; Monroe;
Sarasota; Taylor; and Walton.
35 Apalachicola (Franklin); Clearwater (Pinellas); Cocoa (Brevard); Crystal River,
currently being considered (Citrus); Destin (Okaloosa); Freeport (Walton); Hallandale
(Broward); Holmes Beach (Manatee); Jacksonville (Duval); Longboat Key (Sarasota-
Manatee); Marineland (St. Johns); Madeira Beach (Pinellas); Miami (Miami-Dade);
Oldsmar (Pinellas); Palmetto (Manatee); Palmetto (Manatee); Pensacola (Escambia);
Punta Gorda (Charlotte); Riviera Beach (Palm Beach); Sarasota (Sarasota); Shalimar
(Okaloosa); South Pasadena (Pinellas); and Tampa (Hillsborough).
36 This information was provided by members of the Florida Water Access Coalition, an
organization of various boating interest groups in the state. Recent articles documenting
this conversion include: "Boatyards becoming scarce: Waterfront projects replace some
Tampa Bay marinas," Tampa Bay Business Journal, June 11,2004.
"$50 million marina, rental complex nears completion," South Florida Business Journal,
June 18,2004.
"Developers Eyeing marine industry land, South Florida Business Journal, June 18,2004.
"Marina properties ebb as condominiums rise," The Miami Herald, June 22, 2004.
"Aquaplex replacing marina," St. Petersburg Times, August 8, 2004.
"Marina to make way for high-end condos," St. Petersburg Times, August 26, 2004.
37 On 8/20/04, DEP issued an emergency order authorizing the temporary and permanent
repair or restoration of structures damaged by Hurricane Charley. (OGC No.04-1458.) In
addition, s. 403.813(2)(d), F.S., allows for the repair of existing facilities without a permit
from DEP. However, such repair and reconstruction is still subject to local requirements.
Page 8
Impediments to Development of New Access
Industry representatives identify two major impediments to development of new
waterfront access: the cost to develop (land and infrastructure) and government
approval of such development.
Balancing the demand for new marinas and boat ramps against protection of
natural resources has proved to be difficult. Representatives of the marina industry
report that obtaining the necessary permits for new marinas or expanding existing
marinas is expensive and time-consuming.
To obtain a permit, applicants must obtain the approval of both the state and
federal government. State pennits are issued by DEP, or the applicable water
management district for facilities in conjunction with larger commercial or
residential developments.38 Each permitting entity reviews the application for,
among other things, potential impact on sea grass, manatees, and water quality.
Permits for facilities of more than 50 slips, or projects of "heightened concern"
are approved by the Florida Board of Trustees (the Florida Cabinet).39 Permits for
use of sovereign submerged lands are also approved by the Board ofTrustees.4o
DEP reports that over the past five years, 368 permits have been granted for either
the expansion or construction of public and private water-related recreational
facilities (marinas, boat yards, moorings, dry docks, or boat ramps).41
Applicants must also obtain a permit42 from the U.S. Army Corp ofEngineers.43
In response to recent litigation in the federal courts addressing manatee protection,
projects in specified areas of the state must be reviewed for their impact on
manatees, and facility permits may not be approved unless certain measures are in
place.44 Over the past eleven years, an annual average of 450 permits have been
38 Homeowner's Guide to Wetlands. Florida Department of Environmental Protection,
July 2002. pp. 18-21.
39 Jim Stoutamire, DEP. August 18,2004.
40 Homeowner's Guide to Wetlands, Florida Department of Environmental Protection,
July 2002. p. 20.
41 This total does not include single family residential. Specifically, Commercial Marinas
(99); Commercial fishing (8); Boat repair (6); and Condominiums (55). Jim Stoutamire,
DEP. August 18,2004.
42 Or verification of existing permitted or authorized use, typically for single-family
residential facilities such as docks.
43 The state's application form serves as a joint application, reviewed by both the state
and federal agencies. Homeowner's Guide to Wetlands, Florida Department of
Environmental Protection, July 2002. p. 20.
44 These measures include appropriate signage and speed zones, with enforcement. In
addition, the federal government must ensure that Corps-permitted projects throughout
manatee habitat are having no more than a ''negligible'' cumulative effect on the species
and its habitat, which requires extensive analysis as to where such projects should, and
should not be, built. httu://www.savethemanatee.org/newslfedsummarv.htm
Page 9
granted for commercial, private, or public-owned recreational facilities.45
However, in those Florida counties that have not adopted Manatee Protection
Plans, permitting for new or expanded large-scale projects may be delayed or
denied.46
In addition to the DEP permits, marinas with 150 or more wet slips, or 200 dry
slips, must be approved through the Development of Regional Impact (DRI)
program47 through the Department of Community Affairs (DCA). However,
counties that have adopted countywide marina siting plans into the coastal
management element of their local comprehensive plans are exempt from the DRI
program.48 DCA reports that four marina DRIs have been approved by the
department since 1997.49
State Strategies to Preserve or Increase Access
There are several state or regional government programs to assist local
governments and the private sector in their efforts to preserve or increase access
for commercial or recreational boating activities.
DCA provides technical assistance and limited funding to small waterfront
communities through the Wateifronts Florida Partnership Program. 50 This
program helps participating communities develop a plan to revitalize, renew and
45 This tally also includes a limited number of private, single family residential projects
which must undergo a high level of review. U.S. Army Corp of Engineers - Jacksonville,
8/23/04.
46 Manatee Protection Plans are required by the state in thirteen counties: Brevard,
Broward, Citrus, Collier, Miami-Dade, Duval, Lee, Indian River, Martin, Palm Beach,
Sarasota, St. Lucie, & Volusia. To date, Broward, Palm Beach, and Volusia counties do
not have approved plans in place. These plans have two primary components: identifying
the need for creating new or revising existing manatee protection speed zones, and a boat-
siting facilities plan to address the expansion of existing marina and the development of
new marinas or other multi-slip boat facilities.
47 Section 380.06, F.S., governs the DRI program and establishes the basic process for
DRI review. The DRI program is a process to provide state and regional review of local
land use decisions regarding large developments that, because of their character,
magnitude, or location, would have a substantial effect on the health, safety, or welfare of
the citizens of more than one county.
48 Section 380.06(24)(k), F.S., provides that a water-port or marina is exempt from the
DRI process if the county or municipality has adopted a boating facility siting plan or
policy which specifies preferred locations for boat facility development, considering
factors such as natural resources, manatee protection needs, and recreation and economic
needs as outlined in the Bureau of Protected Species Management Boat Facility Siting
Guide dated August 2000. See hrto:llwww.dca.state.fl.uslfdco/DCP
lmarinasiting/Boatsite0800.odf This plan or policy must be included in the coastal
management or future land use element of the local government's comprehensive plan.
49 A total of39 DRIs have been approved since 1974. All DRI applications were
approved, after modifications or conditions. Ken Metcalf, Regional Planning
Administrator, Div. of Community Planning, DCA. 8/04.
50 htto:llwww.dca.state.fl.uslfdco/dcp/waterfronts/watemont.htm &
htto:llwww.deo.state.fl.uslcmo/grantslindex.htm
Page 10
promote interest in their waterfront district. Waterfront revitalization targets
environmental resource protection, public access, retention of viable traditional
waterfront economies,51 and hazard mitigation.
New Waterfronts Florida Partnership Communities are selected every two years
and those communities receive technical assistance over a two-year period and a
grant to reimburse the recipient for a portion of costs associated with preparing the
plan. 52 Once the plans are complete, communities can begin the process of
financing implementation of the plan from sources such as state and federal
grants, bonds issuances, private borrowing, and tax. increment financing districts. 53
Since 1997, DCA has designated 13 communities as Waterfronts Florida
Partnership Communities. These communities have been the beneficiaries of
7,000 hours of volunteer services, $143,362 in private donations, and $7.4 million
of other public investment. This program is funded, in part, by an award from the
National Oceanic and Atmospheric Administration Award.
The Florida Boating Improvement Program of the Office of Boating and
Waterways within the Fish and Wildlife Conservation Commission coordinates
funding for projects to improve boating access.54 In each fiscal year, a portion of
the state taxes collected on motor fuel are transferred to the FWC to fund, in part,
local projects that provide "recreational channel marking, public launching
facilities, aquatic plant control, and other local boating related activities.,,55 In
addition, a portion of taxes collected on motor and diesel fuels at marinas is
transferred to the FWC to be used, in part, to "provide funding for construction
and maintenance of publicly owned boat ramps, piers, and docks, directly and
through grants to counties and municipalities. ,,56 Also, a portion of vessel
registration fees collected by the Department of Highway Safety and Motor
Vehicles (DHSMV) is transferred to FWC to fund a variety of services, to include
public launching facilities. 57
Additional funding is available to local governments through the Florida
Recreational Development Assistance program,58the Land and Water
51 Eight of the 13 grants were for commercial-fishing working waterfronts.
52 Up to $10,000 in the first year, and up to $25,000 in the second year.
53 "Watermarks: Technical Briefs on Coastal Waterfront Revitalization," Volume I, Issue
1. Department of Community Affairs, July 1997.
54 Section 20.331, F .S.
55 Section 206.606( 1 )(b) 1., F .S. A minimum of $1.25 million must be used for this
purpose. Section 206.606(1)(d), F.S., requires that $5 million be appropriated in FY
2004-5, increasing to $13.4 million in FY 2007/8, and each year thereafter.
56 Section 370.0603(4)(c), F.S. In FY 2003/4, $1.23 million was appropriated for 9
projects (out of 32 requests), primarily to repair of construct boat ramps and dock or to
provide support facilities. In FY 2004/5, $600,000 was appropriated for boating
infrastructure.
57 Section 328.76(1), F.S. However, to date, it appears that this money has never been
appropriated for public launching facilities.
58 Federal funds administered by DEP. See http://www.deo.state.fl.us/oarkslbdrs/
Page 11
Conservation Program, 59 the Florida Recreational Development Assistance
Program,60 and the Boating Infrastructure Grant program.61
COWlties have two sources of funds available to finance water access facilities.
COWlties receive a portion of recreational vessel registration fees, proceeds of
which are used, in part, to provide public laWlching facilities.62 They are also
authorized to levy an additional fee (which is 50 percent of the state fee) on
vessels registered in their jurisdiction. Fee proceeds may only be used for "the
patrol, regulation, and maintenance of the lakes, rivers, and waters and for other
boating-related activities... ,.63 DHSMV reports that the fee has generated $3.7
million in FY 03/04 in the 12 cOWlties that levy the fee.64
The Florida Communities Trust (FCT) is a state land acquisition grant program
administered by DCA.65 FCT provides funding to local governments and eligible
non-profit environmental organizations for acquisition of commWlity-based parks,
open space and greenways, and access to water that further outdoor recreation and
natural resource protection needs identified in local government comprehensive
plans.66 Matching and full grants for land acquisition projects are provided to
communities through an annual competitive application cycle. Approximately $66
million is available to eligible applicants each year and applicants are eligible for
up to 6.6 million.67 Since 1991, the FTC has awarded 387 grants totaling
$563,074,185 to local communities for projects that provided public access to
water for recreational uses.68
The Florida Inland Navigation District, an independent special taxing district
comprised of all of the eastern coastal cOWlties (Miami-Dade to Duval COWlties),
has two grant programs to, in part, assist local governments in increasing access to
59 Administered by DEP, last year, $3.9 million in federal funds were available, with
preference given to projects on water bodies.
60 Administered by Bureau of Design and Recreation Services, Division of Recreation
and Parks in DEP. However, DEP staff indicate that, historically, most funding is for
recreational parks, not necessarily for boat ramps. Linda Reeves, DEP. September 23,
2005. http://www.dep.state.fl.uslparks/bdrslfactsfrdap.htm
61 Administered by FWC, this program provides federal funds to local governments for
tie-up facilities (slips, mooring buoys, docks, piers, etc.) for transient recreational boats
26' or longer. See httn://mvfwc.com/boating/grantslbigo.htm
62 Section 328.72(1) and (15), F.S.
63 Section 328.66, F.S.
64 The 12 counties include: Broward ($442,697), Charlotte ($182,624), Collier
($206,063), Hillsborough ($309,852), Lee ($405,901), Miami-Dade ($495,901), Monroe
($282,379), Palm Beach ($37,682), Pinellas ($434,241), Polk ($183,442), Sarasota
($192,699), and Volusia ($194,414). Office of Legislative Affairs, DHSMV, 10/8/04.
65 Sections 380.501 - 380.515, F.S.
66 httn://www.dca.state.fl.uslffct/
67 ibid.
68 These water-recreation projects include fishing piers, observation decks, canoe
launches and boat ramps. With matching funds, the total funds for land acquisition is an
estimated $922 million. Kathy Baughman McLeod, DCA. 9/25/04.
Page 12
coastal waters.69 The WatelWay Assistance Program and the Cooperative
Assistance Program award approximately $7.2 million annually. Similarly, the
West Coast Inland Navigation District has two similar grant programs: the
WatelWay Development Program and the Cooperative Assistance Program.
It has also been reported that the five Water Management Districts throughout the
state may also have limited grants available to increase public access through boat
ramps or similar facilities.
Local Initiatives to Preserve or Increase Access
We surveyed counties and municipalities to ascertain any action undertaken to
preserve or create recreational and commercial-fishing working waterfronts, or
public access to the water through boat ramps. The following is a brief overview
of these local efforts.
Brevard county reports that in 1984, the electorate approved the Beach and
Riverfront program to provide for the renovation and development of boat ramp
facilities. In 2000, the electorate approved additional funding for a boat ramp
facility. 70
Both the public and private sector in Broward County have been active in
addressing the issue.71 The Broward County Parks and Recreation Division,
Marine Advisory Committee, and the Marine Industry Association are working
together to develop an inventory of recreational waterfront facilities, occupancy
rates, and recommendations to preserve and expand these facilities to meet future
recreational boating needs. Their report should be completed by November, 2004.
In 2002, the South Florida Marine Industries Association prepared a master plan
to address, in part, retention of the marine industry in Broward County. 72 The
county is currently developing its Manatee Protection Plan which will, in part,
address marina siting issues.
The City of JacksonvillelDuval County reports that it has experienced the loss
of boating access and marinas in recent years.73 A subcommittee of the City
Council's WatelWays Commission is investigating the conversion of marina
facilities from public to private use. The Department of Parks and Recreation is
studying public boat ramp access, with a goal of having an inventory of facilities,
recommending locations for new facilities, and developing strategies for
accomplishing the expansion.
69 htto://www.aicv.oTlZ
70 Terry Stoms, Brevard County Planning Department. 8/23/04.
71 Bob Harbin. Division of Parks and Recreation, Broward County. 8/20/04.
72 "Marine Industries Association of South Florida Master Plan," published by the F AU
Joint Center for Environmental & Urban Problems, 2002.
73 Captain Steve Nichols, Marina and Waterways Coordinator Dept. of Parks, Recreation
and Entertainment, Metropolitan Park and Marina, City of Jacksonville, 8/14/04.
Page 13
The Martin County Growth Management Department recently hosted a public
workshop regarding commercial waterfront lands.74 This workshop is part of an
ongoing effort to fmd ways to protect commercial waterfront lands, particularly
from encroachment by residential development. This issue has been designated as
one of the County Commission's strategic objectives. The City of Stuart recently
received conditional approval from the Florida Board of Trustees to construct and
operate a 69 space mooring field in the South Fork of the St. Lucie River.75
It is estimated that Monroe County has over 1,000 commercial-fishing boats
operating and docking throughout the county. It is also estimated to have three or
four times as many commercial recreational boats.76 County officials report that
residential waterfront development is increasing?7 In response, staff of the
Monroe County Planning Department have recently begun to develop a plan to
preserve working waterfronts in the county.
When the Sailfish Marina and Resort on Singer Island was made available for
sale, the Palm Beach County Commission recently considered options to provide
funding or incentives to preserve public access to the marina.78 These options
included:
. purchase of development rights on waterfront property;
. purchase of waterfront property;
. Issue General Obligation bonds to finance the purchase of property or
development rights to the property;
. partner with Riviera Beach to provide additional public access within Harbor
Village and improve working waterfront;
. amend the county charter to require all waterfront properties to provide
public access; and
. complete plans for the mooring fields with an anchorage management plan.
However, the property was sold for $25.5 million to private interests, with the
condition that the marina be available to the public for at least two years. It is
anticipated that the county will try to purchase the development rights to the
marina beyond 2006.79
On August 17th, the county commission approved a resolution to place on the
November 2004 ballot a referendum for a bond issue not to exceed $50 million.
74 David Quigley, Senior Planner, Growth Management Department, Martin County, 8/04.
75 Florida Cabinet Meeting Agenda, 11/24/98.
76 Douglas Gregory, Monroe County Extension Director, Florida Sea Grant, 8/04.
77 In July 2004, four major parcels of commercial fishing waterfront sold for
redevelopment in the Lower Florida Keys Stock Island area, to include two of the area's 4
dry docks. Douglas Gregory, Monroe County Extension, Sea Grant Marine Agent and
County Extension Director, 8/04.
78 Palm Beach County Commission minutes, 5/25/04.
79 "Sailfish Marina owner sells site for $25.5 M," Palm Beach Post, 6/16/04.
Page 14
The money would be used for to protect, expand and improve public access to
freshwater and saltwater bodies.80
Sarasota County reports that they are currently negotiating for purchase of boat
. 81
ramp Sites.
Our research indicates that at least ten cities have working waterfronts within their
Community Redevelopment Areas (CRAs).82
It has been reported that the Treasure Coast Regional Planning Council, at the
request of the Sustainable Treasure Coast Committee and Martin County, is
conducting an economic impact study on the demise of the working waterfronts
for Indian River, St. Lucie, Martin and Palm Beach Counties.83
Conclusions and Recommendations
Public access to marinas and boat ramps may be diminishing for the recreational
boating public. It appears that the capacity to launch and moor boats has not kept
pace with increases in annual vessel registrations. In addition, there is evidence
that, for both commercial-fishing and recreational working waterfronts,
conversion from public to private use is contributing to this loss of access. Other
contributing factors include:
. the unavailability of suitable waterfront property for access development,
especially in urban areas;
. the cost of developing new facilities; and
. the cost and length of time necessary to obtain state and federal permits for
new facilities.
However, there are programs and strategies available to either preserve or increase
public access. The Legislature could consider expanding such programs or
initiating new strategies to facilitate this preservation or increase in access.
80 htto://www.co.oalm-beach.t1.uslPublnflNews Room
/08-04/08-17-04 BCCBriefs.htm
81 John McCarthy, General Manager, Sarasota Parks and Recreations Dept., 8/04.
82 Boynton Beach, Ft. Pierce, Jupiter, Key West, Panama City, Punta Gorda, Riviera
Beach, and Stuart; Citrus and Martin Counties.
Chapter 163, Part III, F.S., authorizes local governments to designate CRAs to finance
redevelopment for targeted areas. There are currently over 140 CRAs in the state.
Funding for CRAs is accomplished through ''tax increment financing", in which the value
of property within the CRA is determined and "frozen" as ofa fixed date. Taxing
authorities continue to receive property tax revenues based on the frozen value. Any tax
revenue from increases in the value of the property, referred to as 'increment,' are
provided to the CRA to pay the debt service on improvements funded by the CRA.
See htto://www.redevelooment.net/Default.asox?tabid=56
83 Ted Guy, 8/5/04.
Page 15
Property Tax Relief: Currently Available
Article VII, s. 4 of the State Constitution requires that all property be assessed at
its just value for ad valorem tax pwposes. Just value has been interpreted to mean
fair market value.84 However, this section also provides exceptions to this
requirement for agriculturalland8s and land used exclusively for non-commercial
recreational pwposes, all of which may be assessed solely on the basis of their
character or use. Additionally, counties and cities may be authorized to assess
historical property based solely on the basis of its character or use.86
Absent any change in law, owners of commercial-fishing or recreational working
waterfronts currently have three options available to them to decrease or eliminate
their property tax burden, to include:
. Sell the property to the county and contract with the county to operate the
marina. Property owned by subdivisions of the state are not taxed, thereby
lowering the operating costs of enterprises situated on high-value property.87
If the property is leased back to a non-exempt entity, the lease-hold interest
is subject to the intangibles tax.88
. Sell the development rights to a govemmental (city or county) or non-profit
entity, thereby substantially reducing the property tax burden. The property
would be taxed on its current use, based on its "income stream," and not the
speculative value or value of a comparable property.
. Create a Conservation Easement for land used for "outdoor recreation or
park pwposes." Section 193.501 F.S., allows property owners to contract
with public agencies or charitable corporations to restrict the use of property
for a variety of pwposes, to include "boating" that is open to the general
public89 for a term ofyears,90 thereby linking property values to the income
84 Walter v. Schuler, 176 So.2d 81.
85 Implemented in s. 193.461, F.S.
86 Implemented in s. 193.505, F.S.
87 The courts have ruled that property of the federal government, the state, and the
counties is immune from, or not subject to, taxation. See Park-N-Shop, Inc. v. Sparkman,
99 So. 2d 571 (Fla. 1957); Orlando Utilities Commission v. Milligan, 229 So.2d 262 (Fla.
Dist. Ct. Appl. 1969); and Dickimon v. City of Tallahassee, 325 So.2d 1 (Fla. 1975).
It does not appear that this favorable tax status is also available to cities owning marina
property leased to a for-profit entity. The First DCA ruled in 1992 that a municipal
marina leased to a private entity was exempt from taxation because it was used for a valid
public purpose. Page v. Fernandina Harbor Joint Venture, 608 So.2d 520 (Fla. Dist. Ct.
Appl. 1992). However, the Second DCA ruled in a similar situation the lease marina
property was subject to taxation, as it was not used for a "public purpose" and therefore
could not be exempt from taxation. Mikos v. City of Sarasota, 636 So.2d 83 (Fla. Dist. Ct
Appl. 1992). Likewise, the First DCA ruled against the City of Femandina Beach in 1998.
Page v. City of Fernandina Beach, 714 So.2d 1070 (Fla. Dist. Ct Appl. 1998).
88 Section 199.023(1)(d), F.S.
89 Section 193.501(6)(g), F.S.
90 Section 193.501(3)(a) and (b), F.S.
Page 16
stream generated by the current use.91 Current law provides for "recapture"
of deferred taxes only if the covenant is rescinded.
. In a limited number of situations, some working waterfront property could
qualify for an "Historically Significant" classification,92 an exemption for
the entire property,93 or an exemption for improvements on the property.94
Property Tax Relief: Proposed Options
The Legislature could modify existing property tax relief provisions, or propose
amending the constitution to create new provisions to provide tax relief. These
options include:
. Create a Deferred Property Tax Program for working waterfront property.
Currently, such a program exists for qualified low-income persons entitled
to claim homestead tax exemption may annually defer payment of their
property taxes and special assessments.95
. Pass a Joint Resolution to allow the electorate to consider a constitutional
amendment that expands the Agricultural Classification to include
commercial-fishing working waterfront property used to support commercial
fishing operations. Such a benefit should include a "recapture" provision for
all deferred property taxes, up through the last 10 year period.
. Pass a Joint Resolution to allow the electorate to consider a constitutional
amendment to allow for a property tax differential or "use-value" or
"income" assessments for working waterfronts.96 This preferential tax
assessment should include a "recapture provision."
91 For a discussion of this issue, see Conservation Easements, Conservation Purposes &
Property Taxes: Amending the Florida Constitution to Encourage the Conservation of
Land by Private Interests in the State of Florida, Bill Cook, University of Florida Levin
College of Law, Conservation Clinic (A Conservation Clinic White Paper Presented to
the Alachua County Property Appraiser), April 27, 2004.
92 Under specified conditions, s. 193.505, F.S., allows property owners to covenant with
county government to restrict the use of historically significant property, thereby
potentially deferring a portion of their property taxes. Current law provides for
"recapture" of deferred taxes only if the covenant is rescinded.
93 Qualified properties may receive an exemption of up to 50 percent of the assessed value
from county and municipal property taxes. Section 196.1961, F.S.
94 Qualified properties may receive an exemption from county and municipal property
taxes for improvements to designated historic properties. Section 196.1997, F.S.
95 Section 197.252, F.S. The county maintains a lien on the property. When the property
is sold, it collects the deferred taxes.
96 See Conservation Easements. Conservation Purposes & Property Taxes: Amending
the Florida Constitution to Encourage the Conservation of Land by Private Interests in
the State of Florida, Bill Cook, University of Florida Levin College of Law, Conservation
Clinic (A Conservation Clinic White Paper Presented to the Alachua County Property
Appraiser), April 27, 2004. Also see Economic Impact of Blue-belting Incentives on the
Marina Industry in Florida, by Frederick Bell, Department of Economics, FSU, July
1990.
Page 17
Industry/Intergovernmental Coordination
There may be no single program or strategy to preserve working waterfronts or
increase public access to the water through boat ramps. Consequently, the
industries should coordinate with appropriate state agencies and regional
governments to craft long-term strategies. There are several state programs and
regional governments whose policies impact waterfront industries, including the
Florida Coastal Management program,97 the Florida Regional Planning
Councils,98 and the Florida Water Management Districts.
Perhaps the most important partners in crafting long-term strategies are the local
governments with jurisdiction over the waterfront areas. These local governments
are responsible for preparing comprehensive plans that, among other things, guide
the use of land and water resources. Coastal communities must have a coastal
management element to address the goals and policies for the coastal area.
Affected industries should work with the local planning department in each
community to assure that the comprehensive plan includes provisions and features
that protect and preserve existing marine-dependent sites and give priority to these
uses at suitable waterfront locations.99
Specific strategies to implement the goals established in local comprehensive
plans may include:
. Conditional permitting or rezoning which would allow redevelopment only
if it maintains or provides public access or retention/expansion of specified
waterfront uses;
. Creating a waterfront zoning district or overlay, which would add special
requirements to the underlying zoning category; and
. Creating an inventory of working waterfronts and establish a "no net loss
policy," which would prohibit the rezoning of such property to residential
uses. 100
Local governments could also invest directly in property preservation, either
through purchase of the property or purchase of the development rights to the
property. One strategy for funding these purchases includes using tax increment
financing through a CRA.
97 This program coordinates the actions often agencies and five water management
districts to protect Florida's coastal areas.
98 Regional Planning Councils "assist local governments to resolve their common
problems, engage in area-wide comprehensive and functional planning, administer certain
federal and state grants-in-aid, and provide a regional focus in regard to multiple
programs undertaken on an area-wide basis." Section 186.502(l)(b), F.S.
99 Such provisions include adoption of marina siting plans into the coastal management
element to facilitate permitting of new or expanded marinas. See recommendations
offered in "Marine Industries Association of South Florida Master Plan," prepared by the
Joint Center for Environmental and Urban Problems at Florida Atlantic University, 2002.
100 This policy could be established either as a comprehensive plan amendment,
amendment to the Land Development Regulations (LDR) or as an administrative policy.
Page 18
Local governments could also "trade" for development rights with grants of
density variances for adjoining or other property. 101
The acquisition or expansion of boat ramp facilities could also be financed using
these strategies. In addition, such facilities could be financed with local launch
fees. 102
Finally, industry and local governments should explore whether the regional
ports have the capacity for new access facilities to provide public access to the
water,103 or whether additional access may be available through the construction
of mooring fields.
Additional Proposed Options
Additional strategies the Legislature could consider to preserve working
waterfronts or increase public access to the water through boat ramps, include:
. Increase funding to expand the Waterfronts Florida Partnership Program;
. Expand access in appropriate state parks;
. Revise the fee structure for sovereign submerged land leases to encourage
water-dependent uses and discourage water-enhanced and water-related
uses; and
. Create a commission to coordinate and implement all public policy and
projects for specific urban waterfront areas. 104
The Legislature could also consider funding access acquisition in the following
ways:
. Increase boat registration fees;
. Expand the boat registration fee base by including non-motorized craft
(canoes, etc.);
. Provide a greater portion of marina motor fuel tax revenue to FWC for this
purpose;
. Increase the local option vessel registration fee, designating the increase for
regional use;
. Designate a portion of Florida ForeverlO5 bond revenue funds (which
includes the Florida Communities Trust programlO6) or Conservation and
Recreation Lands Program funds,107 for access acquisition; or
101 This concept was considered by Palm Beach County in the Sailfish sale.
102 Pinellas County has recently implemented a $5 (honor system) boat launching fee for
all county ramps. Reports are that about 50% are paying the fee. Don Sweat
103 Federally chartered or governed by port authorities.
104 For example, the Miami River Commission was established in 1998 as the official
entity tasked with improving the river and its surroundings, acting together with
neighborhoods, environmental groups, civic organizations, shipping, recreational boating,
marina and political jurisdictions to advance the quality oflife and commerce on the
Miami River. Section 163.06, F.S. htto://miamirivercommission.orgJ
Page 19
. Create a new bond program specifically to fund access preservation and
acquisition.
Recommendations
The Legislature should consider expanding current or initiating new programs and
strategies to facilitate the preservation of commercial-fishing or recreational
working waterfronts to facilitate the expansion of public access through boat
ramps.
105 Section 259.105(3), F.S. Paragraph (4)(e) currently provides that purchases through
this program include increasing "natural resource-based recreational and educational
opportunities... "
106 Sections 380.501 - 380.515, F.S.
107 Section 259.032(3)(g), F.S. currently authorizes the Board of Trustees to allocate
funds to "provide areas, including recreational trails, for natural resource based recreation
and other outdoor recreation on any part of any site compatible with conservation
purposes. "
Page 20
Phillips, Sue
From:
Sent:
To:
Subject:
Morris, William D.
Thursday, February 02, 20063:13 PM
Harriger, Sandy; Phillips, Sue; W1lson, Denise
Working Waterfronts
Sandy/Sue/Denise; not sure if Rod, Garry or Bill have a copy of the Working Waterfronts report, the Vice Mayor wants to
talk about Working Waterfronts its late in the Agenda, there is a definition in the footnotes on Page one note 4 that covers
how we fit in. Tax relief is discussed on Page 16. Bay News Nine is calling me about it, they may show up tonight... guess
its good to be last on the agenda!... Bill M
Working_ Waterfron
ts_Report.pdf...
1
RE lS.)
10
~ Clearwater
(j
City Attorney's Office
Memorandum
TO:
Honorable Mayor and City Council
FROM:
Pamela K. Akin, City Attorney
RE:
Ad Valorem Tax Deferral for Recreational and Commercial Working
Waterfront Property
DATE:
January 6, 2006
Pursuant to your request, I have reviewed Florida Statutes Sec. 197.303 et. seq. relating
to ad valorem tax deferral for recreational and commercial working waterfront properties.
These provisions were created by the legislature in the 2005 session. They provide the
authority for the County Commission or a municipality to adopt an ordinance which would
allow ad valorem tax deferrals for recreational and commercial working waterfront
properties if the owners are engaged in the operation, rehabilitation, or renovation of such
properties in accordance with the guidelines established by the statute.
The term "recreational and commercial working waterfront" is defined as follows:
a parcel or parcels of real property that provide access for water-
dependent commercial activities or provide access for the public to the
navigable waters of the state. Recreational and commercial working
waterfronts require direct access to or a location on, over, or adjacent to a
navigable body of water. The term includes water-dependent facilities that
are open to the public and offer public access by vessels to the waters of
the state or that are support facilities for recreational, commercial,
research, or governmental vessels. These facilities include docks, wharfs,
lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities,
commercial fishing facilities, boat construction facilities, and other support
structures over the water.
The statute has numerous conditions and limitations, which may make utilization of such
provisions of limited value to the property owner. It is important to note that this is a
deferral of taxes, not an abatement or freezing of taxes. The taxes continue to accrue
and constitute a lien on the property. In addition, the taxes accrue interest at a rate equal
to the semi-annual compounded rate of one half of one percent plus the average yield
maturity of the long term fixed income portion of the Florida Retirement System
investments as of the end of the quarter preceding the date of the sale of the deferred tax
payment certificate. However, the interest may not exceed 9.5%. For example, last year
the interest rate would have been 5.51 %. Additionally, a deferral may not be granted if
the total amount of the deferred taxes, non-ad valorem assessments and interest, plus
the total amount of all other unsatisfied liens on the property (which would include
mortgages) exceeds 85% of the assessed value of the property or if the primary financing
of the property is for an amount that exceeds 70% of the assessed value. The deferred
taxes become due upon changes in ownership in the property or change of use of the
property. If at any time the total amount of the deferred taxes, interest and all other
unsatisfied liens on the property exceeds 85% of the assessed value of the property, the
amount of the taxes and interest which exceeds 85% of the assessed value of the
property is due and payable within 35 days of notice to the property owner.
From the City's perspective, the ordinance would be fairly straightforward. The City would
identify the type and location of working waterfront property for which deferral may be
granted. The deferrals would apply only to taxes levied by the City, and would not apply
to taxes or non ad valorem assessments levied for the payment of bonds or general
obligation bonds. The ordinance would also identify the period of time for which the
deferral is granted. Once the City adopts the ordinance, the decision on eligibility for the
deferral and the administration of the process is the responsibility the county tax collector
and not the City. The criteria for granting the approval are laid out within the statute. In
the event the City wishes to implement this ordinance, we could do it effective the next tax
year.
I have consulted with the County Attorney's Office and was informed the County is not
interested in adopting such an ordinance at this time. Further, the Attorney representing
the Tax Collector is not aware of any municipality in Pinellas adopting such an ordinance.
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