08/02/2007
City Council Agenda
Location: Council Chambers - City Hall
Date: 8/2/2007- 6 :00 PM
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 (right-hand 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. Approval of Minutes
4.1 Approve the minutes of the July 19,2007 City Council Meeting as submitted in written summation by the
City Clerk.
~ Attachments
5. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
6.Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
6.1 Award a Contract for $4,451,404.10 for the construction of a new fire training facility and renovation to
the existing training building; construction of a pre-engineered metal storage/supply building;
construction of a pre-manufactured training buru tower; installation of approximately 8,000 square yards
of asphalt paving; expansion of the existing stormwater pond; and related utilities, to Bandes Construction
of Dunedin, FL, being the lowest responsible bid in accordance with plans and specifications, award a
Contract for $29,715.00 to Cumbey & Fair, Inc. (EOR) of Clearwater, Florida, for site related
construction engineering and inspection (CEI), for a total project amount of $4,481,119.10, authorize the
appropriate officials to execute same and approve increasing Penny for Pinellas funding for this project by
$1,348,500 by reducing Penny for Pinellas funding for the Station 48 Renovation/Expansion project by
that same amount.
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7. Second Readings - Public Hearing
7.1 Adopt Ordinance No. 7837-07 on second reading, annexing certain real property whose post office
address is 863 Lake Forest Road, into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
~ Attachments
7.2 Adopt Ordinance No. 7838-07 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 863 Lake Forest Road, upon annexation into the City of Clearwater, as Residential Urban.
~ Attachments
7.3 Adopt Ordinance No. 7839-07 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 863 Lake Forest Road, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
~ Attachments
7.4 Adopt Ordinance No. 7840-07 on second reading, annexing certain real property whose post office
address is 1403 Regal Road, into the corporate limits of the city and redefining the boundary lines of the
city to include said addition.
~ Attachments
7.5 Adopt Ordinance No. 7841-07 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 1403 Regal Road, upon annexation into the City of Clearwater, as Residential Low.
~ Attachments
7.6 Adopt Ordinance No. 7842-07 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1403 Regal Road, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
~ Attachments
7.7 Adopt Ordinance No. 7845-07 on second reading, vacating the five-foot utility easement lying along the
east property lines of Lots 8 through 13, inclusive, Melody Subdivision.
@ Attachments
City Manager Reports
8. Consent Agenda
8.1 Transfer $482,818 from the General Fund, fund 010, to the Special Programs Fund, fund 181 to set aside
for future year building permitting costs.
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8.2 Approve the Ninth Amendment to the Chi Chi Rodriguez Foundation lease agreement and approve a
continuing and unconditional guaranty agreement to Bank of America (BOA) for a total aggregate sum
not to exceed One Million Dollars ($1,000,000) for a loan held by the Chi Chi Rodriguez Youth
Foundation, Inc., in the operation of the Chi Chi Rodriquez Golf Course located on McMullen Booth
Road and authorize the appropriate offcials to execute same. (consent)
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8.3 Approve Pinellas County Recreational Grant Funding Agreement for the Countryside Community Park
Enhancements in the amount of $125,000 and authorize the appropriate officials to execute same.
(consent)
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8.4 Award a Contract (Blanket Purchase Order) in the amount of $225,000 to Wingfoot Commercial Tire of
Clearwater, FL for the purchase of tires that will be used by all Departments using City vehicles during
the contract period September 1,2007 through August 31,2008, in accordance with Code or Ordinances
Sec 2.564 (1)( d) - Florida State Contract 863-000-06-1 and authorize the appropriate officials to execute
same. (consent)
~ Attachments
8.5 Approve and convey to Florida Gas Transmission Company, a Delaware corporation ("Grantee"), a non-
exclusive Perpetual Gas Transmission Pipeline Easement containing 2,756 square feet, more or less, and
two ten-month Temporary Construction Easements containing a total of 11,646 square feet, more or less,
over, under and across portions of the West Yz of Section 8, Township 29 South, Range 16 East, in
consideration of receipt of $30,112.50 and Grantee's faithful compliance with the terms and conditions
established therein, and authorize appropriate officials to execute same. (consent)
~ Attachments
8.6 Approve agreement with Pennington, Moore, Wilkinson, Bell, and Dunbar, P.A. to provide lobbying
services at the state level from 10/1/2007 to 9/30/2012 at a cost of $4,000 per month, plus expenses
estimated not to exceed $4,800 per year and authorize the appropriate officials to execute same. (consent)
~ Attachments
8.7 Approve nominating the following for Florida League of Cities Excellence Awards: Frank Hibbard as
Mayor of the Year, Margie Simmons as Finance Officer of the Year, Pam Akin as City Attoruey of the
Year and Duke Tieman as Citizen of the Year. (consent)
~ Attachments
8.8 Authorize an increase of $100,000 to the monetary limit on the contract with the firm of Thompson
Goodis for outside counsel services related to representation in Crouch v. City of Clearwater et aI, Case
No. 93-2860-CI -21. (consent)
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9. Other items on City Manager Reports
9.1 Approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of
Transportation to install natural gas mains during improvement project, FPN: 257l55-l-56-03/Pinellas
County, SR688 (Ulmerton Road) from just East of 119 Street to just West of the Seminole Bypass Canal,
at an estimated cost of $271,500.00, and adopt Resolution 07 -19.
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9.2 Continue Declaring Mediterranean Village Tract 5 Surplus to a date uncertain.
I@l Attachments
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 City Manager Verbal Reports
I@l Attachments
11. Council Discussion Items
11.1 Supervised Minors in Recreation Centers.
~ Attachments
12. Other Council Action
12.1 Other Council Action
I@l Attachments
13. Adjourn
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the minutes of the July 19, 2007 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 1
Attachment number 1
Page 1 of 15
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
July 19, 2007
Unapproved
Present:
Frank Hibbard
John Doran
George N. Cretekos
Paul Gibson
Absent:
Carlen Petersen
Also present:
William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Mayor
Vice-Mayor
Councilmember
Councilmember
City Manager
Assistant City
Assistant City Ma
City Attorney
City Clerk
The Mayor called the meeting to order at 6:00 p.m.
Cretekos offered the invocation. The Mayor led the P
To provide continuity for research, ite
necessarily discussed in that order.
4 - Presentations:
4.1 Nei hborhood of the Qua
nd Debbie Trunk, 1583
ch, 210 Orange venue; 3) Ron and Alisa
Patterson, 1873 Murray Avenue.
n Award was presented to the offices of
Council and June 18 2007 Attorne /Client
an moved to approve the minutes of the June 20, 2007 City Council
, 2007 Attorney/Client Session, as recorded and submitted in written
Ity Clerk to each Councilmember. The motion was duly seconded and
usly.
6 - Citizens to be Heard re Items Not on the Agenda
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Attachment number 1
Page 2 of 15
John Wiser requested the City consider purchasing the Countryside Executive Golf
Course for a future park site and thanked the City for sparing recreation centers and libraries
from budget cuts.
Sandy Britton thanked City for funding beach library and recreation center and asked the
City to consider temporary repairs to the beach boat ramp that will allow access for small boats
and jet skis.
Engineering Director Mike Quillen estimated permanent repair
cost $300,000 to $500,000. In the interim, efforts will be made to re
concrete. It was stated that signage would limit size of boats and
own risk.
Eva Kunowska said property taxes for her motel on the beach
mainland have increased dramatically since 2002 and reported a tras
the beach.
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
requires communities
al Consolidated Planning
ommunity and s h strategies to address those
ntinuation of the City's existing five-year
ges to our existing strategies, goals and
nsolidated Action Plan, provides HUD with the
ent budget and proposed expenditures
rogram income that the City will receive in the
a
ext
state
new an
facilities,
children, to
tlevelop viable communities and sustain existing ones. In
to provide safe, decent and affordable housing to assist
ncome households. This year's Action Plan allocates federal and
sing opportunities to extreme-low to moderate-income households for
es, homebuyer education, construction and/or renovation of public
d programs that assist the homeless, the physically challenged, and
e a few.
In Fiscal Year 2007/08, the City is estimated to receive federal funds in the amount of
$965,053 through the Community Development Block Grant (CDBG), $538,355 through the
HOME Investment Partnership Program, and $995,251 from the State of Florida through the
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Attachment number 1
Page 3 of 15
State Housing Initiatives Partnership (SHIP) program. Funds provided through the HOME and
SHIP programs are limited to housing activities and administration. Funds provided through the
CDBG program may be used for housing, community and economic development, public
services and facilities, acquisition, demolition, and administration. Additional funding for the FY
2007/08 budget will come from estimated program income funds in the amount of $400,000
(loan repayments, loan payoffs, recaptured funds, etc).
A Technical Review Committee (TRC) comprised of professionals i
and grants community and one member of the City's Neighborhood a
Advisory Board (NAHAB) reviewed the applications, scored them, a
maximize the number of applicants that will receive a portion of all
were given an opportunity to speak to the TRC and NAHAB regard
of the bus tour and presentations in May 2007. City staff reviewed
met HUD's baseline requirements. The NAHAB met on July 10, 200
recommended allocations contained in the FY07/08 Consolidated Ac '
Each year, the City may allocate up to 15% of its CDBG alloc Ion
organizations. Under the Public Services category, agenc' peted for a
$135,107 in CDBG funds. The City's Housing Divisio ests for P
funding in excess of $460,000. NAHAB has endor unding sy
Service applicants that allows the top two scorer 'r request;
two receive 50% of their request, and others re until all of
allowable funds are allocated. This method all ed.
All organizations that will b
or Housing Education Pools, ' h
City's Housing
ber 1,2007.
ector Geri Campos
receive 2% less than last
of Lot 11 of Melody Subdivision have requested the vacation in order to
se and build a swimming pool and deck in the easement area. The City
Engineering epartment has joined in the vacation request to include the vacation of the
remaining portions of the utility easement that lie to the north and south of Lot 11. Verizon,
Bright House Networks, Knology Broadband and Progress Energy have no objections to the
vacation requested. The City of Clearwater has no utilities in the subject easement and no
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Item # 1
Attachment number 1
Page 4 of 15
future need for the easement is anticipated because utility corridors exist to the east and west of
the subject easement and the easement is too small to accommodate utility construction.
Councilmember Doran moved to approve the vacation of the five-foot utility easement
lying along the east property line of Lots 8 through 13, inclusive, Melody Subdivision (693
Canterbury Road). The motion was duly seconded and carried unanimously.
Ordinance 7845-07 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7845-07 on first r
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Absent: Petersen.
t the proposed annexation is consistent with
ection 4-604.E and Pinellas County
e closest s Itary sewer line is located in the adjacent Lake
applicant has not paid the City's sewer impact and
the additional costs to extend City sewer service to this
te will be provided by the City of Clearwater. The property is
and service will be administered through the district
North McMullen-Booth Road. Fire and emergency medical
o this property by Station 48 located at 1700 North Belcher Road.
capacity to serve this property with sanitary sewer, solid waste, police,
rgency Medical Services) service.
The proposed annexation will not have an adverse effect on public facilities and their
levels of service. The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development
within the urban service area shall be promoted through application of the Clearwater
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Attachment number 1
Page 5 of 15
Community Development Code. The proposed RU Future Land Use Plan category is consistent
with the current Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned
to the property is the Low Medium Density Residential (LMDR) District. The use of the subject
property is consistent with the uses allowed in the District and the property exceeds the
District's minimum dimensional requirements. The proposed annexation is therefore consistent
with the Countywide Plan, City's Comprehensive Plan and Community Developm t Code and
the property proposed for annexation is located within an enclave, is conti uous isting
municipal boundaries and is within the City's urban service area; there e ion i
consistent with Section 6(1 )(a) of Pinellas County Ordinance 00-63 ern
and meets the applicable requirements of Florida Statutes 171. T lias Plann
(PPC) staff has reviewed this annexation and no objections were r
Councilmember Gibson moved to approve the Annexation, Inl
Designation of Residential Urban (RU) and Initial Zoning Atlas Desig
Density Residential (LMDR) District for 863 Lake Forest Road (Lot
thereof, Hillcrest Estates First Addition, Sec. 07-29-16). The motion
carried unanimously.
Ordinance 7837-07 was presented for first
Councilmember Doran moved to pass Ordinanc
seconded and upon roll call, the vote was:
d for first readi
rdinance 7838-
s:
title only.
Irst reading. The motion was
and Hibbard.
as presented for first reading and read by title only.
oved to pass Ordinance 7839-07 on first reading. The motion was
on roll call, the vote was:
Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Absent: Petersen.
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Item # 1
Attachment number 1
Page 6 of 15
7.4 - Approve the Annexation, Initial Land Use Plan Desiqnation of Residential Low (RL) and
Initial Zoninq Atlas Desiqnation of Low Medium Densitv Residential (LMDR) District for 1403
Reqal Road (Lot 24, Solar Crest, Sec. 23-29-15); and Pass Ordinances 7840-07, 7841-07 and
7842-07 on first readinq. (ANX2007-05013)
This voluntary annexation petition involves a 0.203-acre property consisti
parcel of land occupied by a single-family dwelling. It is located at the sou heas
intersection of Regal Road and Sunny Park Road. The applicant is re g
in order to receive solid waste and sanitary sewer service from the Pia
Department is requesting that the 0.23-acre of abutting Regal Roa unny Pa
way not currently within the City limits also be annexed. The prop contigu
City boundaries to the north, west, and south. It is proposed that th rt
Future Land Use Plan designation of Residential Low (RL) and a zon
Medium Density Residential (LMDR).
owing objective of the
opment within the urban
lication of the ter Community Development
an category is consistent with the current
This designation primarily permits residential
osed zoning district to be assigned to the
MDR) District. The use of the subject
e District and the property exceeds the
quirements. The proposed annexation is therefore consistent
Comprehensive Plan and Community Development Code and
ation is contiguous to existing City boundaries to the north,
City's urban service area; therefore the annexation is consistent
as County Ordinance 00-63 which governs annexation and meets
ts of Florida Statutes 171. The PPC staff has reviewed this
ections were raised.
Co member Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1403 Regal Road (Lot 24, Solar Crest, Sec. 23-29-15).
The motion was duly seconded and carried unanimously.
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Item # 1
Attachment number 1
Page 7 of 15
Ordinance 7840-07 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7840-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Absent: Petersen.
Ordinance 7841-07 was presented for first reading and rea
Councilmember Gibson moved to pass Ordinance 7841-07 on first
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Absent: Petersen.
Ordinance 7842-07 was presented for fir
Councilmember Doran moved to pass Ordinan
seconded and upon roll call, the vote was:
resented for second reading and read by title only.
to pass and adopt Ordinance 7820-07 on second and final
seconded and upon roll call, the vote was:
ran, Cretekos, Gibson, and Hibbard.
None.
Absent: Petersen.
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Item # 1
Attachment number 1
Page 8 of 15
8.2 Adopt Ordinance 7824-07 on second readinq, annexinq certain real property whose post
office address is 1751 EI Trinidad Drive East, into the corporate limits of the city and redefininq
the boundary lines of the city to include said addition.
Ordinance 7824-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7824-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Absent: Petersen.
Ordinance 7825-07 was presented for seco
Councilmember Doran moved to pass and adop
reading. The motion was duly seconded and u
ond reading and read by title only.
t Ordinance 7826-07 on second and final
pon roll call, the vote was:
tekos, Gibson, and Hibbard.
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Item # 1
Attachment number 1
Page 9 of 15
Ordinance 7830-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7830-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Absent: Petersen.
Ordinance 7831-07 was presented for second reading and r
Councilmember Doran moved to pass and adopt Ordinance 7831-07 n se
reading. The motion was duly seconded and upon roll call te was:
"Ayes": Doran, Cretekos, Gibson, a
"Nays": None.
Absent: Petersen.
Or ce 7833-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7833-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
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Item # 1
Attachment number 1
Page 10 of 15
"Nays": None.
Absent: Petersen.
Ordinance 7834-07 was presented for second reading and rea
Councilmember Cretekos moved to pass and adopt Ordinance 783
reading. The motion was duly seconded and upon roll call, the vot
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Absent: Petersen.
City Manager Reports
9 - Consent Agenda - Approved as submitted.
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Item # 1
Attachment number 1
Page 11 of 15
9.7 Approve renewinq a three-year leasinq aqreement with Alltel Wireless Holdinqs, LLC,
successor in interest of GTE Mobilenet of Tampa, Inc., allowinq cellular telephone antennas on
the city's Kapok Water Storaqe Tank in Del Oro Park for an annual rental fee of $30,000 to be
adiusted each successive annual anniversary date by an amount equal to the U.S. Consumer
Price Index (CPI), but in no event qreater than 4% per year and authorize the appropriate
officials to execute same. (consent)
eatherilt to the Parks and Recreation Adviso Board with the term
2011. (consent)
9.15 Appoint Lois Sewell as the Clearwater Sister Cities, Inc. representative to the Sister Cities
Advisory Board with the term expirinq on July 31, 2011. (consent)
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Attachment number 1
Page 12 of 15
9.16 Authorize institutinq a civil action aqainst U.S. Water Services Corporation, to recover
$2,216.60 for damaqe to City property. (consent)
Councilmember Cretekos moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
10 - Other items on City Manager Reports
The Florida Department of Transportation (FDOT) has agreed
funding for modifications to the FBO (Fixed Base Operator) Buildin
North Hercules Avenue by $250,000, including renovating the sewer ste
remediation of contaminated groundwater. FDOT will con 200,000 (
increase and the City will provide the remaining $50,0 City's po
provided by transferring $50,000 from the Central I ppropriate
third quarter budget amendment will recognize t he $200,0
establish the project.
This project will improve mai
system as opposed to the current f.
over from the old building on
estimated cost of the sewer
in the biologic ontaminated
rk "fuel farm.' site in 2002 led to the
il and expedite moval of the existing
ith above ground tanks at a new location on the
nitored since the 2002 remediation effort. The
bmittal of a Remedial Action Plan (RAP) in
quire additional clean up. The current
ved to authorize Supplemental Agreement 2 to an existing
ions to the Fixed Base Operation (FBO) Building at Clearwater
(FDOT) funding by $200,000 and Agency (City of Clearwater)
I of $250,000. The motion was duly seconded and carried
07-03 was presented and read by title only. Councilmember Cretekos moved
to pass an opt Resolution 07-03 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
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Attachment number 1
Page 13 of 15
"Nays": None.
Absent: Petersen.
Florida Department of Transportation (FDOT) has designe
S.R. 590 from West of Old Coachman Road to West of Coachman
improvements will include resurfacing the existing roadway, wideni
replacing the existing signal by mast arm, and upgrading the drainag
anticipated to begin by the beginning of 2008, and take approximatel
This roadway improvement project will necessitate the relocation or
water mains appurtenances within the project limits. The City of Clea ate
Department has coordinated the design for these utility ac dations wit
representatives. FDOT will receive bids for the combi proveme
relocation work and make award of bid to the low b'
The amounts included on this agenda it
are subject to change as the design pro resse
contractor's bid and may vary from t ount
engineer's estimate for Waterline n is
a on tractor
for the relocation of
of Old Coachman
, in the amount of
usly.
ad by title only. Councilmember Doran moved to
he appropriate officials to execute same. The
ote was:
mendment to a Land Lease Agreement dated July 26, 1995, with Crown
y, LLC (successor in interest to GTE Mobilnet of Tampa, Inc.) for city-owned
land in the theast % of Sec. 21-28-16, granting options to extend for up to two additional
five-year terms, with annual rent of $20,400 plus a percentage of collocation revenues Crown
receives from sub-tenants, the rent being adjusted annually by the CPI and authorize the
appropriate officials to execute same. Item pulled by staff.
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Attachment number 1
Page 14 of 15
10.4 Adopt a proposed millaqe rate of 4.6826 mills for Fiscal Year 2007/08 and set public
hearinq dates on the budqet for September 6, 2007 and September 20, 2007 to be held no
earlier than 6:00 p.m.
In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a
proposed millage rate prior to finalizing and adopting the budget. This information must be
provided to the Property Appraiser by July 27, 2007. The Property Appraiser mu include this
proposed millage rate and public hearing dates on the TRIM bill notices m iled t payers in
August. This tentative rate cannot be increased without first-class ma' , ea aye[ t
the expense of the City, not less than 10 days and not more than 1 ore
hearing.
The City Manager's recommended millage rate is 4.6826 mi
established by HB 1 B, the Property Tax Reduction and Reform Law,
method of establishing the millage rate for local governments. The m'
represents 93% of the rolled-back millage rate of 5.0351 mills.
The rolled-back rate is the millage rate that will pro '
as was levied the prior year. If the recommended rat
ordinance adopting the millage rate will reflect a 70h
5.0351 mills.
Under the guidelines of the law, 0
estimated impact on the 2008/09 pr
the millage rate are noted below.
on the recomme rate of 4.6826 mills will be
00 outlined in the preliminary budget, a difference
ges made at Monday's Work Session She
a training s sion at the Property Appraiser's, the millage rate
e recommended millage rate is now 4.6777.
requested that cuts in the City's cash contributions be felt by
ne local agency. Consensus was to discuss issue at the July 25
r Cretekos moved to adopt a proposed millage rate of 4.6777 mills for
8 and set public hearing dates on the budget for September 6, 2007 and
September ,2007 to be held no earlier than 6:00 p.m. The motion was duly seconded and
carried unanimously.
Miscellaneous Reports and Items
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Item # 1
Attachment number 1
Page 15 of 15
11 - City Attorney Reports
11.1 Request for an Attorney-Client session to be held Auqust 2, 2007 at 4:30 p.m. to discuss
the lawsuit filed by Water's Edqe One, LLC aqainst the City of Clearwater and First Baptist
Church of Clearwater, Pinellas County Circuit Case 07-006588-CI.
Councilmember Gibson moved to schedule an Attorney/Client session on
2007, at 4:30 p.m. The motion was duly seconded and carried unanimo Iy.
12 - Other Council Action
Councilmembers reported on events on which they recentlYi
upcoming events.
Cretekos reported that Pinellas County is terminating its low f
on September 30, 2007 and interested parties should contact 725-36
Doran appreciated how well colleagues handled work session n
emphasized how staff and local non-profits continue to im ervices at r
Hibbard thanked staff for efforts in July 4 c
on retirement; thanked Terry Davis, owner of A
meeting on July 25 as budget issues will be dis
13 - Adjourn
Council 2007-07-19
15
Item # 1
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
A ward a Contract for $4,451,404.10 for the construction of a new fire training facility and renovation to the existing training
building; construction of a pre-engineered metal storage/supply building; construction of a pre-manufactured training bum tower;
installation of approximately 8,000 square yards of asphalt paving; expansion of the existing stormwater pond; and related utilities,
to Bandes Construction of Dunedin, FL, being the lowest responsible bid in accordance with plans and specifications, award a
Contract for $29,715.00 to Cumbey & Fair, Inc. (EaR) of Clearwater, Florida, for site related construction engineering and
inspection (CEI), for a total project amount of $4,481,119.10, authorize the appropriate officials to execute same and approve
increasing Penny for Pinellas funding for this project by $1,348,500 by reducing Penny for Pinellas funding for the Station 48
Renovation/Expansion project by that same amount.
SUMMARY:
. The current Clearwater Fire & Rescue Training Facility was constructed in 1976 and no longer meets the growing training
requirements of the Department. The single classroom limits the number of classes taught and the number of students. The
proposed project provides for the construction of a 8,967 square foot training (classroom) building which will include 3
classrooms, an exercise workout room, both male and female bathrooms and locker facilities, a protective clothing storage,
cleaning, and drying area with additional support space. This facility will also be constructed as a category 5 structure
capable of providing a secure facility for fire and rescue operations during hurricane and storm activation. Construction will
provide for a future addition of a larger City EOC when funding becomes available. The current office and classroom will
be renovated into training staff offices.
. The existing bum tower can no longer be used for realistic live fire training and does not provide the capacity for additional
training which is relevant to the types of real emergency scenarios which firefighters face in Clearwater. This project will
also provide for the construction of a pre-manufactured metal training bum tower, which will provide realistic high rise,
multi-family, single family, hotel and motel fire and emergency response training. It will also provide for a variety of
specialized training.
. The project will further provide for the construction of a 4,400 square foot pre-engineered metal storage/supply building,
which will provide needed space for fire department equipment, EMS supplies and protective gear. It will also provide a
space for repair of department self-contained breathing apparatus. The current storage/supply facility is located at 2150
Range Road, Clearwater and is located in the same facility as the department's fire truck maintenance garage. As part of the
City's Fleet Maintenance Facility Expansion the fire truck maintenance operation will be consolidated with City Fleet
Maintenance, the Fire storage/supply facility will relocate to the new building at the Fire Training Facility location and the
property on Range Road will be sold.
. Cumbey & Fair (EaR) will provide post design services during the construction period, which includes engineering
assistance with onsite observations and interpretations, review of shop drawings, attending meetings, providing record
drawings, and certifications for the City of Clearwater, Southwest Florida Water Management District (SWFWMD) and the
Florida Department of Environmental Protection (FDEP).
. The Fire and Rescue Department will be responsible for the day-to-day facility operations, and the Building Maintenance
Department will be responsible for the facility maintenance.
. The total budget for the entire project including contruction, site development, professional services, and other related costs
is approximately $4,915,000 and detailed on the Capital Improvement Project checklist. The current budget for the Fire
Training facility, capital project 0315-91242 is $3,566,500 funded from Penny for Pinellas funds. The difference of
$1,348,500 will be provided for by a third quarter budget amendment transferring $1,348,500 from 0315-91252, Station 48
Renovation/Expansion. This will provide for the funding for this construction contract and all other anticipated project costs
for the Fire Training facility. The reimbursement from the County will be applied to the renovation of Station 48 and/or the
renovation of the Main Fire Station 45.
. Annual operating costs for the facility are anticipated to be approximately $26,000 more than the current training facility
and will be absorbed by the Fire Department operating budget.
. The Construction period is 450 days estimated to start in September 2007 and finishing in December 2008.
. Copies of the contract and work order are available for review in the Office of Official Records and Legislli:ti~ f*nroces.
Type:
Current Year Budget?:
Budget Adjustment Comments:
See funding statement above.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Capital expenditure
Yes
4,481,119.10
to
Budget Adjustment:
Annual Operating Cost:
Total Cost:
Yes
Appropriation Code
0315-91242- 563600- 522-000-
0000
Amount
4,481,119.10
Appropriation Comment
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
Yes
Bid Number:
Bid Exceptions:
05-
0002-
FD
None
Cover Memo
Item # 2
FIRE TRAINING FACILITIES AT FIRE STATION #48 (05-0002-FD)
BID OPENING - THURSDAY, JUNE 28, 2007 AWARD - THURSDAY, AUGUST 2,2007
CONSTRUCTION
TECHNOLOGY GROUP 2605 CALADESICONSTRUCTIC
N. AIRPORT ROAD PLANT 1390 DONEGAN ROAD
CITY, FLORIDA LARGO, FLORIDA
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUN"
1 MOBILIZATION (5%) 1 LS $ 115,440.00 $ 115,440.00 $ 150,265.00 $ 150,265
2 WORK ZONE TRAFFIC CONTROL 1 LS $ 888.00 $ 888.00 $ 1,000.00 $ 1,000
3 CLEARING & GRUBBING 1 LS $ 21,659.43 $ 21,659.43 $ 13,500.00 $ 13,500
4 SITE DEMOLITION 1 LS $ 1,864.80 $ 1,864.80 $ 10,000.00 $ 10,000
5 WELL ABANDONMENT 1 LS $ 1,665.00 $ 1,665.00 $ 500.00 $ 500
6 SILT FENCES 1 LF $ 1,581.75 $ 1,581.75 $ 2,000.00 $ 2,000
7 REMOVE AND RELOCATE 6' CHAINLlNK FENCE 790 LF $ 7.55 I; ClI':A <;n $ 6.50 $ 5,135
8 6' CHAINLlNK FENCE 45 LF $ 14.21 $ 639.45 $ 10.00 $ 450
9 TREE BARRICADE 1 LS $ 976.80 $ 976.80 $ 1,500.00 $ 1,500
10 ROOT PRUNING 1 LS $ 388.50 $ 388.50 $ 1,000.00 $ 1,000
11 EXCAVATION AND EMBANKMENT 1 LS $ 27,130.95 $ 27,130.95 $ 7,500.00 $ 7,500
12 GRADING 1 LS $ 4,264.62 $ 4,264.62 $ 2,000.00 $ 2,000
13 REMOVAL OF UNSUITABLE MATERIAL 100 CY $ 13.32 $ 1,332.00 $ 15.00 $ 1,500
14 HAND RAIL 60 LF $ 35.63 $ 2,137.80 $ 25.00 $ 1,500
15 SIGNING AND MARKING 1 LS $ 11,084.02 $ 11,084.02 $ 7,500.00 $ 7,500
16 EXTRICATION PAD 675 SY $ 93.24 $ 62,937.00 $ 45.00 $ 30,375
17 EMERGENCY GENERATOR PAD 45 SF $ 9.99 $ 449.55 $ 25.00 $ 1,125
18 DUMPSTER ENCLOSURE 1 LS $ 20,535.00 $ 20,535.00 $ 13,000.00 $ 13,000
19 BOLLARDS 5 EA $ 166.50 $ 832.50 $ 150.00 $ 750
20 WHEEL STOPS 78 EA $ 45.95 $ 3,584.10 $ 25.00 $ 1,950
21 4" SIDEWALK 5,460 SF $ 6.66 $ 36,363.60 $ 3.60 $ 19,656
22 SITE LIGHTING 1 LS $ 54,390.00 $ 54,390.00 $ 43,500.00 $ 43,500
23 SITE LIGHTING - ELECTRICAL 1 LS $ 149,850.00 $ 149,850.00 $ 65,000.00 $ 65,000
24 DOUBLE 6' CHAIN LINK GATE 1 EA $ 3,330.00 $ 3,330.00 $ 1,000.00 $ 1,000
25 SODDING 4,900 SY $ 2.78 $ 13,622,00 $ 3.80 $ 18,620
26 LANDSCAPING 1 LS $ 41,070.00 $ 41,070.00 $ 24,725.00 $ 24,725
27 IRRIGATION 1 LS $ 16,650.00 $ 16,650.00 $ 14,905.00 $ 14,905
28 2" PVC ELECTRICAL CONDUIT 180 LF $ 6.66 $ 1 98.80 $ 10.35 $ 1,863
29 12" STABILIZATION LBR 40 4,211 SY $ 9.77 $ 5.44 $ 22,920
30 8" ROADWAY BASE LBR 100 4,211 SY $ 12.54 <;? AnI; aX $ 10.43 $ 43,940
31 MILL 1-1/2" ASPHALT 850 SY $ 10.99 $ 9.55 $ 8,119
32 RESURFACE 1-1/2" ASPHALTIC CONCRETE TYPE S-I 356 TON $ 122.10 $ 43,467.60 $ 115.00 $ 40,940
33 1" ASPHALTIC CONCRETE OVERLAY - TYPE S-1I1 200 TON $ 137.64 $ 27,528.00 $ 105.00 $ 21,000
34 CONCRETE CURB 486 LF $ 9.77 AtLlA?? $ 10.50 $ 5,103
35 PIPE CONNECTION TO BOX CULVERT 1 LS $ 4,575.75 $ 4,575.75 $ 4,275.00 $ 4,275
36 10" YARD DRAIN 1 EA $ 912.42 $ 912.42 $ 810.00 $ 810
37 30" FLARED END SECTION 1 EA $ 899.10 $ 899.10 Bl:>m :tt9e6.00 $ 965
38 30" FLARED END SECTION 1 EA $ 1 ,465.20 $ 1 ,465.20 $ 1,955.00 $ 1,955
FIRE TRAINING FACILITIES AT FIRE STATION #48 (05-0002-FD)
BID OPENING - THURSDAY, JUNE 28, 2007 AWARD - THURSDAY, AUGUST 2,2007
CONSTRUCTION
TECHNOLOGY GROUP 2605 CALADESICONSTRUCTIC
N. AIRPORT ROAD PLANT 1390 DONEGAN ROAD
CITY, FLORIDA LARGO, FLORIDA
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUN"
39 12" TRENCH DRAIN 25 LF $ 105.45 $ 2,636.25 $ 240.00 $ 6,000
40 TYPE "D" INLET WITH TRAV. SLOT. 1 EA $ 1,984.68 $ 1,984.68 $ 3,540.00 $ 3,540
41 TYPE "V" D. B. I. 4 EA $ 2,697.30 $ 10,789.20 $ 3,600.00 $ 14,400
42 CONTROL STRUCTURE 1 EA $ 2,841.60 $ 2,841.60 $ 4,000.00 $ 4,000
43 TYPE "202" MANHOLE 3 EA $ 2,479.96 $ 7,439.88 $ 3,200.00 $ 9,600
44 8" CORRUGATED HDPE PIPE 13 LF $ 9.27 $ 120.51 $ 11.38 $ 148
45 12" CORRUGATED STEEL PIPE 25 LF $ 30.08 $ 752.00 $ 22.08 $ 552
46 15" RCP 298 LF $ 25.97 $ 30.70 $ 9,150
47 18" RCP 162 LF $ 34.41 $ 5,574.42 $ 39.51 $ 6,400
48 24" RCP 30 LF $ 45.51 $ 1,365.30 $ 56.00 $ 1,680
49 30" RCP 38 LF $ 58.83 $ 2,235.54 $ 75.00 $ 2,850
50 6" PVC DR18 ROOF DRAIN 635 LF $ 12.88 $ 14.40 $ 9,142
51 8" PVC DR 18 ROOF DRAIN 205 LF $ 23.98 XCl1<;an $ 21.20 $ 4,345
52 6" PVC ROOF DRAIN CLEAN-OUTS 9 EA $ 456.43 $ 4,107.87 $ 450.00 $ 4,050
53 8" PVC ROOF DRAIN CLEAN-OUTS 4 EA $ 548.90 $ 2,195.60 $ 470.00 $ 1,880
54 3" GATE VALVE 2 EA $ 649.35 $ 1,298.70 $ 620.00 $ 1,240
55 6" GATE VALVE 1 EA $ 1,243.20 $ 1,243.20 $ 1,085.00 $ 1,085
56 8" X 6" TAPPING SLEEVE AND VALVE 1 EA $ 2,725.05 $ 2,725.05 $ 2,950.00 $ 2,950
57 2" WATER METER AND VALVE ASSEMBLY 1 EA $ 732.60 $ 732.60 $ 715.00 $ 715
58 DOUBLE CHECK VALVE ASSEMBLY 1 EA $ 2,218.45 $ 2,218.45 $ 2,185.00 $ 2,185
59 2" PVC WATER MAIN SDR 21 381 LF $ 10.66 $ 4,061.46 $ 10.54 $ 4,015
60 3" PVC WATER MAIN SDR 21 161 LF $ 9.99 $ 1,608.39 $ 10.87 $ 1,750
61 VALVE BOX ADJUSTMENTS TO FINISH GRADE 2 EA $ 160.95 $ 321.90 $ 155.00 $ 310
62 TEMPORARY BLOW-OFF AND SAMPLE PORT 2 EA $ 208.68 $ 417.36 $ 307.00 $ 614
63 FIRE DEPARTMENT CONNECTION 1 EA $ 11,510.59 $ 11,510.59 $ 11,850.00 $ 11 ,850
64 8" DIP, CLASS 200 20 LF $ 24.42 $ 488.40 $ 36.50 $ 730
65 4" PVC DR 14, CL 200 FIRE LINE 130 LF $ 23.75 'lflA7<;n $ 21.92 $ 2,850
66 6" PVC DR 14, CL 200 FIRE LINE 45 LF $ 15.54 $ 699.30 $ 17.33 $ 780
67 8" PVC DR 14, CL 200 FIRE LINE 20 LF $ 19.98 $ 399.60 $ 22.50 $ 450
68 SANITARY MANHOLE (0-8' DEPTH) 1 EA $ 2,604.62 $ 2,604.62 $ 3,382.00 $ 3,382
69 CORE EXISTING SANITARY MH & CONNECTION 1 EA $ 732.60 $ 732.60 $ 4,100.00 $ 4,100
70 4" PVC SDR 35 SANITARY MH & CONNECTION 30 LF $ 13.32 $ 399.60 $ 10.83 $ 325
71 6" PVC SDR 35 SANITARY SEWER 195 LF $ 26.20 $ 5,109.00 $ 22.00 $ 4,290
72 6" PVC SANITARY SEWER CLEAN-OUTS 4 EA $ 333.00 $ 1,332.00 $ 302.50 $ 1,210
73 8" PVC SDR 35 SANITARY SEWER 245 LF $ 23.53 $ 5,764.85 $ 22.45 $ 5,500
74 FIRE SUPPLY & STORAGE BUILDING 1 LS $ 886,900.00 $ 886,900.00 $ 600,000.00 $ 600,000
75 TRAINING BUILDING & FOUNDATION 1 LS $ 1,893,660.00 $ 1,893,660.00 "". .00 $ 1 ,900,000
76 PAINT EXISTING BURN TOWER 1 LS $ 8,880.00 $ 8,880.00 $ 7,500.00 $ 7,500
FIRE TRAINING FACILITIES AT FIRE STATION #48 (05-0002-FD)
BID OPENING - THURSDAY, JUNE 28, 2007 AWARD - THURSDAY, AUGUST 2,2007
CONSTRUCTION
TECHNOLOGY GROUP 2605 CALADESICONSTRUCTIC
N. AIRPORT ROAD PLANT 1390 DONEGAN ROAD
CITY, FLORIDA LARGO, FLORIDA
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUN"
77 EXISTING BURN TOWER FIRE SPRINKLER SYSTEM 1 LS $ 6,660.00 $ 6,660.00 $ 25,000.00 $ 25,000
78 BURN TOWER FOUNDATION 1 LS $ 72,150.00 $ 72,150.00 $ 112,500.00 $ 112,500
79 BURN TOWER 1 LS $ 904,500.15 $ 904,500.15 $ 910,000.00 $ 910,000
80 SIGNS-PROJECT IDENTIFICATION 1 LS $ 1,100.00 $ 1,100.00 $ 1,000.00 $ 1,000
Subtotal (ITEMS 1-80) $ 4,672,197.30 $4,275,915
10% Contingency 1 LS $467,219.73 $ 427,591
TOTAL BID (ITEMS 1-81) $5,139,417.03 1$4,703,506
BIDS SOLICITED - 24
Contractors Picking Up Plans/Specs - 3
Contractors Submitting Bids - 3
No Response - 21
Item # 2
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Item # 2
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Item # 2
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Attachment number 7
Page 1 of 1
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Attachment number 8
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Attachment number 10
Page 1 of 5
EEl
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
CUMBEY & FAIR. INC. WORK ORDER INITIATION FORM
Date: June 19,2007
Project Number: 712T
City Project Number: 05-0002-FD
1. PROJECT TITLE: Proposed Fire Station #48 Improvements
Post Design Services
1700 Belcher Road, Clearwater, Florida
2. SCOPE OF SERVICES:
Post Design services will be provided to include engineering assistance, review of
shop drawings, meeting attendance, record drawings and certifications.
Task 1.0 - Post Design Services
Task 1.1 - Engineering Assistance
The consultant shall provide to the City qualified representation during
the construction phase to deal with issues concerning the intent and
interpretation of the construction contract plans and documents prepared
in the work.
On-site construction observation by the consultant shall be made during
construction at two (2) observations per month.
Task 1.2 - Review of Shop Drawings
The consultant shall be responsible for the review of construction shop
drawings. Shop drawing reviews shall be performed in accordance with
the City Shop Drawing Review Procedure.
Task 1.3 - Meeting Attendance
The consultant shall attend two (2) construction meetings per month.
S:\Engin\RAM\05-0002-FD - Fire Station 48 Site Project\WO-form 061907-PD.doc
Iterlil # 2
Attachment number 10
Page 2 of 5
Task 1.4 - Record Drawings
The consultant shall be the custodian of the project CADD files and shall
be responsible for their upkeep during the construction period.
At the conclusion of the construction, the consultant shall revise the
CADD files to reflect as-built conditions based on marked up prints,
drawings, and other data furnished to the consultant. At the conclusion of
construction, the consultant shall return all CADD files to the City for its
use and file.
Task 1.5 - Certifications
The consultant shall provide certification to the City of Clearwater,
SWFWMD and FDEP.
3. PROJECT GOALS:
Provide civil engineering and post design services.
4. BUDGET:
The price of$29,715.00 includes all labor and expenses anticipated to be incurred
by Cumbey & Fair, Inc. for the completion of these tasks, on a lump sum basis,
for a fee described in Attachment A.
5. SCHEDULE:
The project is to be completed within 15 months from issuance of notice- to-proceed.
6. STAFF ASSIGNMENT (Consultant):
Cumbey & Fair, Inc. Project Manager: Timothy E. Bourne, P.E.
City of Clearwater Project Manager: Robert Maue, P.E.
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER's project correspondence shall be directed to Timothy E. Bourne, P.E.
All City project correspondence shall be directed to Rob Maue, P.E., with copies
to others as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to Marty Pages, 100 S. Myrtle Ave., #220,
Clearwater, Florida 33756-5520 or P.O. Box 4748, Clearwater, Florida 33758-
4748, for work performed. Invoices will be prepared monthly. Contingency
S:\Engin\RAM\05-0002-FD - Fire Station 48 Site Project\WO-form 061907-PD.doc
Ite~ # 2
Attachment number 10
Page 3 of 5
services will be billed as incurred only after written authorization provided by the
City to proceed with those services.
City Invoicing Code: 0315-91252-561100-000-0000
9. ENGINEER CERTIFICATION:
Cumbey & Fair, Inc. will certifY as a licensed Professional Engineer, registered in
accordance with Florida Statute 472, that the above Plans and Specifications meet or
exceed all applicable criteria specified by City municipal ordinance, State, and
Federal established standards. We understand that it is our responsibility as the
project's Professional Engineer to perform a quality assurance review of these
submitted plans to ensure that such plans are free from errors and/or omissions.
This certification shall apply equally to any further revision and/or submittal of
plans, computations, or other project documents, which we may subsequently
tender.
10. SPECIAL CONSIDERATIONS:
PREPARED BY:
APPROVED BY:
Timothy E. Bourne, P.E.
Vice President /
Cumbey & Fair, Inc.
Michael D. Quillen, P.E.
City Engineer
City of Clearwater
Date
Date
S:\Engin\RAM\05-0002-FD - Fire Station 48 Site Project\WO-form 061907-PD.doc
Ite~ # 2
Attachment number 10
Page 4 of 5
ATTACHMENT A
CITY OF CLEARWATER
Proposed Fire Training Facilities at Fire Station #48
Post Design Services
PROJECT BUDGET
CUMBEY & FAIR, INC.
Subconsultant
Description Services Labor Total
Task 1.0 Post Design Services
1.1 Engineering Assistance $10,700.00 $10,700.00
1.2 Review of Shop Drawings 2700.00 2,700.00
1.3 Meeting Attendance 8,100.00 8,100.00
1.4 Record Drawings 3,150.00 3,150.00
1.5 Certifications 2,000.00 2,000.00
Task Allowance (10%) 2,665.00
Subtotal, Labor and Subcontractors $29,315.00
Other Direct Costs (prints, photocopies, postage, etc) 400.00 400.00
Total $29,715.00
S:\Engin\RAM\05-0002-FD - Fire Station 48 Site Project\WO-form 061907-PD.doc
IterIjl # 2
Attachment number 10
Page 5 of 5
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
ATTACHMENT "B"
DELIVERABLES
The design plans shall be produced on stable-based mylar or vellum material, 24" x 36"
at a scale of I" = 20' unless approved otherwise. Upon request, the consultant shall deliver
all drawing files in digital format with all project data in Land Development Desktop (LDD)
R1 or R2 format, including all associated dependent files. When LDD is not available, upon
approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered
with all associated drawing and dependent files. The ASCII file shall be a comma or space
delimited containing code, point number, northing, easting, elevation and description for
each data point. Example below space delimited ASCII file:
POINT # NORTHING EASTING ELEV
284 1361003.838 264286.635 25.00
or comma delimited ASCII file:
284,1361003.838,264286.635,25.00, BCV (PNEZD)
An AutoCAD Release Fourteen (14) drawing or later drawing file shall be submitted.
NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are
used the consultant shall include all necessary information to aid in manipulating the
drawings including either PCP, CTB file or pen schedule for plotting. The drawing file
shall include only authorized fonts, shapes, line types or other attributes contained in
the standard AutoDesk, Inc. release. All block references and references contained
within the drawing file shall be included. Please address any questions regarding format
to Mr. Tom Mahony, at (727) 562-4762 or email addresstmahony@clearwater-fl.com
DESC
BCV
S:\Engin\RAM\05-0002-FD - Fire Station 48 Site Project\WO-form 061907-PD.doc
Ite~ # 2
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Capital Improvement Project Checklist
Estimated Capital Costs:
I. Land Acquisition
A. Land Survey
B. Property Appraisal
C. Closing & Title Costs
Total Land Acquisition
CONSTRUCTION COSTS m. III. IV)
II. Professional Services
A. Architect ($86,800.00 + $13,150.00 = $99,950.00)
B. Engineer ($159,477.00 + $8,922.00 + $6,215.00 = $174,614.00)
C. Legal
D. Consulting
E. Project Management (both exterual and interual) (1.5% of $4,451,404.10 = $66,771.06)
F. Marketing, feasibility, financial, traffic, other study
Total Professional Services
III. Site Development
A. Contamination Assessment (Greenfield Environmental Asbestos Report - $590)
B. Permits (E.PA, F.D.E.P., SWFWMD, County, City, etc.)
C. Fees (Impact, proprietary, other)
D. Demolition (Urban Forestry - $1,905.47 + $5,077.41 = $6,982.88)
Total Site Development
IV. Construction
A. Outside Contractors (base bid of $4,046,731.00 x 1.1 (contingency) = $4,451,404.10)
B. Interual City Departments:
I. Site work- Engineering
2. Parking- Traffic
3. Landscaping- Parks and Recreation
4. Building Services-General Services
C. CEI (Construction Engineering & Inspection)
Total Construction
SUBTOTAL - CONSTRUCTION COSTS
V. Furniture, Machinery & Operating Equipment
Total Furniture, Mach, & Operating Equip
VI. Other Costs
A. Public Art ($341,335 + $4,481,119 = $4,822,454 x 1%= $48,224.54)
Total Other Costs
GRAND TOTAL
Attachment number 13
Page 1 of 2
7/17/2007-10:42 AM
Estimated Cost
99,950
173,014
66,771
339,735
590
1,600
6,983
9,173
4,451,404
6,000
29,715
4,487,119
4,836,027
30,000
48,360
4,914,387
Item # 2
Attachment number 13
Page 2 of 2
7/17/2007-10:42 AM
Item # 2
-'-~-';i0J~;'!Jl'i-"':, ~t'?<}r-
Attachment f'\Imb~r !i. . \
Page 1 of 1lLe. ,~.
HISTORICAL SYNOPSIS OF CLEARWATER FIRE & RESCUE'S
TRAINING FACILITY PROJECT
The Clearwater Fire & Rescue Training Facility is located at 1716 N. Belcher Road next to Fire Station
48. It was constructed in 1978 and consists of a single classroom with adjacent bathrooms and office.
There is also a 5 story concrete burn training building located on the North East section of the property.
In 1997 the Fire Department developed a plan for the expansion and renovation ofthe Training Facility
with the inclusion of the requirement that the expanded facility would have the capability of being used
as an Emergency Operations Center (EOC) for City of Clearwater operation during a storm event. This
plan was included and funded as a Penny for Pinellas II project.
In 2004 the project underwent another transformation, adding a 2nd story to. the classroom/EOC
expansion to be utilized as the Fire Dept. Administrative offices. Penny funding was adjusted
accordingly within other Fire Dept. projects for funding purposes.
In early 2006, the new Fire Dept. Administration began the process of evaluating the currently funded
capital projects for the department. This included the evaluation of all stations and facilities as to their
projected lifespan. The department then contracted with TENG & ASSOCIATES of Chicago, an
engineering/architectural firm specializing in public safety facilities to develop aneeds assessment and
plans for the training project. In May of2006 TENG delivered the new project plans along with an
OPINION OF PROBABLE CONSTRUCTION COST. The plan would provide for the construction of
a new classroom facility with capability of three classrooms and associated office and support
components. The plan also included a new burn training building. The previous EOC and Fire
Administrative Office components were dropped from this concept. The administrative offices will
remain downtown, to be included in the upcoming replacement offire station 45. TENG estimated the
probable construction cost at @$8,000,000.00. The Penny II funding for this project was
@$3,556,000.00. Due to the disparityin funding, the department stopped the development ofthis plan
to re-evaluate and determine its options.
In FY 2006/2007 The City and Department determined that the Fire Department fleet maintenance
operation located at Range Road would be moved and consolidated with the City Fleet Maintenance
department. The remaining Fire Supply Stores operation would also be moved and the property at
Range Road would be sold. The determination was made that the Fire Supply Stores operation would be
located on the Fire Training grounds property, The Department worked with the City Engineering
Department to develop a plan for the building using designlbuild method: they produced a projected
Probable Cost of Construction at $5.25 million. The project expanded to include the remaining
components of the Fire Training facility project. The final plans for the entire project were completed in
May and sent out for bids. The low bidder was determined in June with the award date of August 2,
2007. The final cost for the Training Facility project is projected to be $4,451,404.10. This estimate is
@ $800,000.00 less than the Probable Cost of Construction estimate developed by the City Engineering
Dept.
By adjusting the Fire Departments funding for Penny II projects this project falls within our budget
requirement. The original funding also included the replacement of fire station 48, but after the facility
survey, it was detern1ined that the building was structurally sound. Therefore, a total replacement is not
needed, but a construction/renovation of the interior living quarters will be done upon the conclusion of
the training project. This will include the addition of separate facilities for male and female employees.
It is estimated there will remain enough funds in the fire station 48 project to complete the renovations.
Item # 2
Clearwater Fire & Rescue 07/27/07
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7837-07 on second reading, annexing certain real property whose post office address is 863 Lake Forest
Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 3
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7837-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF LAKE FOREST ROAD AND VARSITY
DRIVE, CONSISTING OF LOT 21, LESS THE SOUTH 60
FEET THEREOF, HILLCREST ESTATES FIRST ADDITION,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
LAKE FOREST ROAD, WHOSE POST OFFICE ADDRESS
IS 863 LAKE FOREST 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:
Lot 21, less the south 60 feet thereof, Hillcrest Estates First Addition,
according to that certain plat recorded in Plat Book 63, Page 48, Public
Records of Pinellas County, Florida, together with the abutting right-of-way
of Lake Forest Road. (ANX2007-04012)
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.
Ordinance N oI.tem7#rS
Attachment number 1
Page 2 of 2
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
2
Ordinance NoI.tem7#rS
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7838-07 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 863 Lake Forest Road, upon annexation into the
City of Clearwater, as Residential Urban.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 4
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7838-07
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 AT THE NORTHEAST
CORNER OF THE INTERSECTION OF LAKE FOREST
ROAD AND VARSITY DRIVE, CONSISTING OF LOT 21,
LESS THE SOUTH 60 FEET THEREOF, HILLCREST
ESTATES FIRST ADDITION, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF LAKE FOREST ROAD,
WHOSE POST OFFICE ADDRESS IS 863 LAKE FOREST
ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateqory
Lot 21, less the south 60 feet thereof, Hillcrest
Estates First Addition, according to that certain
plat recorded in Plat Book 63, Page 48, Public
Records of Pinellas County, Florida, together
with the abutting right-of-way of Lake Forest Road.
(ANX2007 -04012)
Residential Urban
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7837-07.
PASSED ON FIRST READING
Ordinance No. 7838-07
Item # 4
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7838-07
Attachment number 1
Page 2 of 2
Item # 4
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7839-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office address is 863 Lake Forest Road, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7839-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED AT
THE NORTHEAST CORNER OF THE INTERSECTION OF
LAKE FOREST ROAD AND VARSITY DRIVE,
CONSISTING OF LOT 21, LESS THE SOUTH 60 FEET
THEREOF, HILLCREST ESTATES FIRST ADDITION,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
LAKE FOREST ROAD, WHOSE POST OFFICE ADDRESS
IS 863 LAKE FOREST ROAD, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Zoninq District
Lot 21, less the south 60 feet thereof, Hillcrest
Estates First Addition, according to that certain
plat recorded in Plat Book 63, Page 48, Public
Records of Pinellas County, Florida, together
with the abutting right-of-way of Lake Forest Road.
(ANX2007 -04012)
Low Medium Density
Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7837-07.
PASSED ON FIRST READING
Ordinance No.l~#l15
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 1
Page 2 of 2
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance NoI.tem9#Jt)
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7840-07 on second reading, annexing certain real property whose post office address is 1403 Regal Road,
into the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 6
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7840-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF REGAL ROAD AND SUNNY PARK
ROAD, CONSISTING OF LOT 24, SOLAR CREST,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
REGAL ROAD AND SUNNY PARK ROAD, WHOSE POST
OFFICE ADDRESS IS 1403 REGAL 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:
Lot 24, Solar Crest, as recorded in Plat Book 36, Page 72, Public Records
of Pinellas County, Florida, together with the abutting right-of-way of Regal
Road and Sunny Park Road. (ANX2007 -05013)
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
Ordinance No.l~#l13
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attachment number 1
Page 2 of 2
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance NoI.temo#rf)
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7841-07 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 1403 Regal Road, upon annexation into the City
of Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7841-07
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 AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF REGAL ROAD AND
SUNNY PARK ROAD, CONSISTING OF LOT 24, SOLAR
CREST, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF REGAL ROAD AND SUNNY PARK ROAD,
WHOSE POST OFFICE ADDRESS IS 1403 REGAL ROAD,
INTO THE CORPORATE LIMITS OF THE CITY, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Cateqorv
Lot 24, Solar Crest, as recorded in Plat Book 36, Residential Low
Page 72, Public Records of Pinellas County, Florida,
together with the abutting right-of-way of Regal Road
and Sunny Park Road. (ANX2007 -05013)
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. 7840-07.
PASSED ON FIRST READING
Ordinance No. 7841-07
Item # 7
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7841-07
Attachment number 1
Page 2 of 2
Item # 7
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7842-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office address is 1403 Regal Road, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7842-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF THE INTERSECTION OF
REGAL ROAD AND SUNNY PARK ROAD, CONSISTING
OF LOT 24, SOLAR CREST, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF REGAL ROAD AND
SUNNY PARK ROAD, WHOSE POST OFFICE ADDRESS
IS 1403 REGAL ROAD, INTO THE CORPORATE LIMITS
OF THE CITY, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoninq District
Lot 24, Solar Crest, as recorded in Plat Book Low Medium Density
36, Page 72, Public Records of Pinellas County, Residential
Florida, together with the abutting right-of-way of (LMDR)
Regal Road and Sunny Park Road. (ANX2007 -05013)
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. 7840-07.
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
Item # 8
Ordinance No. 7842-07
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7845-07 on second reading, vacating the five-foot utility easement lying along the east property lines of Lots
8 through 13, inclusive, Melody Subdivision.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7845-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FIVE-FOOT UTILITY
EASEMENT LYING ALONG THE EAST PROPERTY LINES
OF LOTS 8 THROUGH 13, INCLUSIVE, MELODY
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Moses A. Ogaga and Christiana Oyonwo, owners of real property
located in the City of Clearwater, and the City of Clearwater have requested that the City
vacate the utility easement depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
5-foot utility easement lying along the property lines of lots 8 through 13, inclusive,
Melody Subdivision as recorded in Plat Book 55, Page 69 of the Official Records
of Pinellas County, Florida
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
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:
Camilo A. Soto
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 9
Ordinance No. 7845-07
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Transfer $482,818 from the General Fund, fund 010, to the Special Programs Fund, fund 181 to set aside for future year building
permitting costs.
SUMMARY:
Senate Bill 442 states that local governments may provide a schedule of reasonable fees for enforcing Florida Building Codes. It
further states that the total estimated annual revenue derived from the fees, fines and investment earnings related to the fees, may
not exceed the total estimated annual costs of allowable activities and that any unexpended balances shall be carried forward to
future years for allowable activities or shall be refunded at the discretion of the local government.
The amount of fees collected is dependent on a number of variables and will vary from year to year, largely in response to the
volume of development activity taking place. Carrying any unused balance over from years with high levels of activity will help
the city maintain its level of service without subsidizing the program from the General Fund in less active years. It is recommended
that any unused balance be transferred in to a Special Programs Fund to be available for future years.
In fiscal year 2006, revenues from building permits were higher than previous years as a result of parts or all of several large
redevelopment projects. Some of the major projects that occurred in fiscal year 2006 were Water's Edge, Sand Pearl Resort, Sand
Pearl Condos, Station Square, Antiqua Bay. This chart shows a comparison of revenues for fiscal years 2004 through partial 2007.
By moving the funds in to a Special Programs Fund, the city will be able to account for this surplus and use the
money to enforce Florida building Codes in future years. It will also provide an effective tool for evaluation and
adjustment of permit fees over time. The last permit rate increase was 2003.
This calculation will be done annually and the needed transfers, either from the General Fund to the Special Programs Fund or vise
versa with a mid-year budget amendment without further agenda items.
Type:
Current Year Budget?:
Operating Expenditure
No Budget Adjustment:
Yes
Budget Adjustment Comments:
$482,818 will be transferred to a 181 Special Programs Fund at 3rd quarter from General Fund reserves.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$482,818 Annual Operating Cost:
Total Cost:
$482,818
Cover Memo
10/1/06 to 9/30/07
Item # 10
Review Approval: 1) Clerk
City of Clearwater
01430 Development & Neighborhood Services (does not include 1431 Fire Inspections - now in Fire Dept.)
Expenditure Preparation Worksheet
Senate Bill 442 - FY06
Revenue #3221 08 Master Building Permits for FY06 $3,189,777(ROSS); Revenue #322111 Forfeited Refundable Permit Fee for FY06: $47,400 (ROSS)
(Notes: Related to Master Building Permits Revenue #322108; Forfeited Refundable Permit Fee Revenue #322111; figures from ROSS, BS forms, and Finance reports as related to Senate Bill 442; if line items are not applicable or minimal relative to buildin
divisions activities, these are left blank; some expenditure areas such as internal services, that are applied across the board, were divided as per each employee in the department and then applied to the number of applicable employees and % in the study)
Bill 442
1430 & 1431 FY06 Expenditures Notes Relative to Bill 442 for FY06
Salaries 1,258,223
Benefits 301,883
Total Personal Services 1,560,105
FY06 Expenditures Notes Relative to Bill 442 for FY06
530100 Professional Services
From ROSS reports, includes contract services for building inspections and
plans review (Quroum Services); title work for unsafe buildings = $40,090 +
$75,000 from retained eamings approved by the City Council on 01-1 S-06
and amended to total of $224, 160 for FY06 by the City Council as a 3rd
530300 other Contractual Serv 179,653 quarter amendment
530400 Lot Mowing (CRT line Item)
542500 Postage 396 Based on ROSS
543000 Document Recording
544100 Equlpt Rental Estimate based on Finance report on 09-28-06
546100 Ofc Equip Svc & Repair
546200 other Equip Svc & Repair
547100 Uniforms-Employee 2,881 Based on ROSS
547200 Travel Expense-Emp 12,139 Based on ROSS
547300 Mileage Reimbursement
547400 Meals-Employee provided in paychecks above in personal services
Credit card charges for processing customers fee paymentrb~@-~di1 c~id,f-~
548000 other Services Or Charges 13,045 includes OCL so 60.6% estimate
550100 Office Supplies 9,127 Based on ROSS
550400 Operating Supplies & Matis 13,102 Based on ROSS
552000 $750-5000 Computer Softwar
552500 $750-5000 Mach & Equip
557100 Memberships/Subs/Lic Emp 4,887 Based on ROSS
557200 Offici Recognition-Emp Estimate based on Finance report on 09-28-06
557300 Training & Ref Employee 14,497 Based on ROSS
Total Other Operating 249,728 Total related to 442
540100 Garage Services 60,053 Based on ROSS
540200 Doc Repro & Print Shop Svc 4,163 Based on ROSS
Estimate based on Finance report on 09-28-06 (1430 cells: 18@100%+4
540300 Telephone Service Variable 6,414 @30%+1@80%)
540400 Messenger Service 775 Estimate based on Finance report on 09-28-06
540500 Radio Svc-Fixed (radios in CRT 1432 division)
540600 Telephone Svc Fixed 7,938 Estimate based on Finance report on 09-28-06
540700 Postal Service 12,426 Estimate based on Finance report on 09-28-06
540800 Bldg Svcs-Fixed 33,887 Estimate based on Finance report on 09-28-06
540900 Risk Mgmt Service 5,769 Estimate based on Finance report on 09-28-06
541000 Info Technology Charge 139,149 Estimate based on Finance report on 09-28-06
541500 ~ 2,834 Estimate based on Finance report on 09-28-06
541600 BI t-Variable 2,427 Estimate based on Finance report on 09-28-06
542000 E ts-Fixed 3,169 Estimate based on Finance report on 09-28-06
Total Internal Services 279,004 Total related to 442
564000 >$5,000 Machinery & Equip
565800 Cost Mati & Services
Capital Items
591600 Debt Service Transfer-LIP 3,681 Permit Plan project and vehicles
Total Debt Service 3,681
Planning & Development Total 2,092,518 Qta reaea 044'"
1430 Code Enforcement FY06 Expenditures
Total Personal Services 78,873 10% of Code Enforcement is applicable to permit planning services/issues.
Total Other Operating 28,070
Totallntemal Services 26,098
Code Enforcement Total 133,042
1445 Neighborhood Services FY06 Expenditures
Total Personal Services 21,350 10% of Neighborhood Services is applicable to permit planning
Total Other Operating 5,416 services/issues.
Totallntemal Services 2,279
Neighborhood Services Total 29,045
9211 City Manager's Office FY06 Expenditures
Total Personal Services 76,873 10% of City Manager's Office is applicable to permit planning
Total Other Operating 17,307 services/issues.
Totallntemal Services 12,144
City Manager's Total 106,325
1420 Planning FY06 Expenditures
Total Personal Services 90,292
Planning Total 90,292
FY06 Expenditures
Total Personal Services 278,310
Engineering Total 278,310
MSB & garage Depreciation 24,821
MSB Garage Maintenance 2,624
Tidemark 2,138
Admin Exp 15,744
Total Expenses 2,774,859
Revenue #322108 for FY06 3,189,777
Revenue #322111 for FY06 47,400
Interest Revenue 20,500
Total of amount of revenues greater than expenditures related to
Master Building Permit Fees #322108 and Expired Permit Fee #322111
Difference :4!!:' :::!! for FY06
umber 1
For Estimates above: Total of 50.5 FTE's in 1430, 1432. For building service related activities in 1430, there are 4 FTE's @ 30% + 19 @ 100% + 13 @ 80% = 30.6 FTE's working on building permit fee
activities or 60.6% of total FTE's/expenditures where "grouped" together as one department expenditure
(4,321)
24,827
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Item # 10
Account Number
Neighborhood Services
0010-01445-510100-554-000-0000
0010-01445-510400-554-000-0000
0010-01445-510600-554-000-0000
0010-01445-510700-554-000-0000
0010-01445-510800-554-000-0000
0010-01445-512300-554-000-0000
0010-01445-512500-554-000-0000
0010-01445-512700-554-000-0000
0010-01445-520100-554-000-0000
0010-01445-520200-554-000-0000
0010-01445-520300-554-000-0000
0010-01445-520400-554-000-0000
0010-01445-520600-554-000-0000
0010-01445-520700-554-000-0000
0010-01445-520900-554-000-0000
0010-01445-521000-554-000-0000
0010-01445-530300-554-000-0000
0010-01445-540300-554-000-0000
0010-01445-542500-554-000-0000
0010-01445-544100-554-000-0000
0010-01445-547100-554-000-0000
0010-01445-547200-554-000-0000
0010-01445-547300-554-000-0000
0010-01445-547400-554-000-0000
0010-01445-549000-554-000-0000
0010-01445-550100-554-000-0000
0010-01445-550400-554-000-0000
0010-01445-557100-554-000-0000
0010-01445-557300-554-000-0000
0010-01445-590200-581-000-0000
0010-01445-591600-581-000-0000
0010-01445-540100-554-000-0000
0010-01445-540200-554-000-0000
0010-01445-540600-554-000-0000
0010-01445-540700-554-000-0000
0010-01445-540800-554-000-0000
0010-01445-540900-554-000-0000
0010-01445-541000-554-000-0000
0010-01445-542000-554-000-0000
Opening Balance Closing Balance
139,538.39
10,306.10
8,281.90
4,172.79
658.29
1,652.22
377.80
7,638.87
37.85
87.98
292.59
23,138.10
4,236.34
10,392.79
2,550.00
139.58
302.45
1,577.08
417.02
2,433.68
305.20
3,867.96
493.04
34.14
329.04
1,216.60
12,501.02
129.00
1,344.00
25,000.00
4,205.08
1,514.52
4,393.98
620.00
734.69
3,130.00
810.00
11,150.00
440.00
290,450.09
Attachment number 1
Page 5 of 25
213,501.59
54,155.31
22,793.19
290,450.09
Item # 10
Account Number
City Manager's Office
0010-09211-510100-512-000-0000
0010-09211-510400-512-000-0000
0010-09211-510600-512-000-0000
0010-09211-510700-512-000-0000
0010-09211-510800-512-000-0000
0010-09211-512700-512-000-0000
0010-09211-520100-512-000-0000
0010-09211-520200-512-000-0000
0010-09211-520300-512-000-0000
0010-09211-520400-512-000-0000
0010-09211-520600-512-000-0000
0010-09211-520700-512-000-0000
0010-09211-520900-512-000-0000
0010-09211-521000-512-000-0000
0010-09211-530300-512-000-0000
0010-09211-542500-512-000-0000
0010-09211-543400-512-000-0000
0010-09211-544100-512-000-0000
0010-09211-547100-512-000-0000
0010-09211-547200-512-000-0000
0010-09211-547300-512-000-0000
0010-09211-547400-512-000-0000
0010-09211-548000-512-000-0000
0010-09211-549000-512-000-0000
0010-09211-549500-512-000-0000
0010-09211-550100-512-000-0000
0010-09211-550400-512-000-0000
0010-09211-557100-512-000-0000
0010-09211-557200-512-000-0000
0010-09211-557300-512-000-0000
0010-09211-564200-512-000-0000
0010-09211-590200-581-000-0000
0010-09211-540200-512-000-0000
0010-09211-540300-512-000-0000
0010-09211-540400-512-000-0000
0010-09211-540600-512-000-0000
0010-09211-540700-512-000-0000
0010-09211-540800-512-000-0000
0010-09211-540900-512-000-0000
0010-09211-541000-512-000-0000
0010-09211-542000-512-000-0000
Opening Balance Closing Balance
558,767.16
2,802.86
46,568.41
31,859.77
1,634.13
24,258.76
136.30
2,072.86
2,264.81
46,276.20
25,494.00
19,818.47
5,070.00
1,710.00
483.18
64.92
331 .20
4,366.52
176.95
15,975.47
16,820.88
637.47
7.05
29.38
(29.38)
2,241.68
1,397.76
26,895.78
965.48
2,707.04
0.30
100,000.00
1,117.11
7,137.20
1,280.00
4,990.00
320.52
83,740.00
1,210.00
20,990.00
660.00
1,063,250.24
768,733.73
173,071.68
121,444.83
1,063,250.24
Attachment number 1
Page 6 of 25
Item # 10
Account Number
0010-01430-510100-524-000-0000
0010-01430-510200-524-000-0000
0010-01430-510400-524-000-0000
0010-01430-510500-524-000-0000
0010-01430-510600-524-000-0000
0010-01430-510700-524-000-0000
0010-01430-510800-524-000-0000
0010-01430-512300-524-000-0000
0010-01430-512500-524-000-0000
0010-01430-512700-524-000-0000
0010-01430-520100-524-000-0000
0010-01430-520200-524-000-0000
0010-01430-520300-524-000-0000
0010-01430-520400-524-000-0000
0010-01430-520600-524-000-0000
0010-01430-520700-524-000-0000
0010-01430-520900-524-000-0000
0010-01430-521000-524-000-0000
0010-01430-530300-524-000-0000
0010-01430-530400-524-000-0000
0010-01430-540100-524-000-0000
0010-01430-540200-524-000-0000
0010-01430-540300-524-000-0000
0010-01430-540400-524-000-0000
0010-01430-540500-524-000-0000
0010-01430-540600-524-000-0000
0010-01430-540700-524-000-0000
0010-01430-540800-524-000-0000
0010-01430-540900-524-000-0000
0010-01430-541000-524-000-0000
0010-01430-541500-524-000-0000
0010-01430-541600-524-000-0000
0010-01430-542000-524-000-0000
0010-01430-542500-524-000-0000
0010-01430-543000-524-000-0000
0010-01430-544100-524-000-0000
0010-01430-546100-524-000-0000
0010-01430-547100-524-000-0000
0010-01430-547200-524-000-0000
0010-01430-547300-524-000-0000
0010-01430-547400-524-000-0000
0010-01430-548000-524-000-0000
0010-01430-549000-524-000-0000
0010-01430-550100-524-000-0000
0010-01430-550400-524-000-0000
0010-01430-550800-524-000-0000
0010-01430-552500-524-000-0000
0010-01430-557100-524-000-0000
0010-01430-557200-524-000-0000
Opening Balance Closing Balance
1,665,069.73
17,547.4 7
23,744.88
27,079.27
118,259.55
87,196.03
6,982.89
870.13
193.71
100,014.33
587.80
4,462.27
1,7 46.12
302,644.42
31,875.33
178,587.74
62,240.00
439.46
182,435.59
7,198.00
92,900.43
8,959.83
13,646.35
1,280.00
1,130.00
13,100.00
20,505.22
55,920.00
9,520.00
229,620.00
2,857.52
4,005.00
5,230.00
1,329.69
325.00
7,766.72
2,999.98
6,389.52
16,223.18
468.71
247.73
21,528.28
18,438.14
27,969.14
28.00
1,626.00
7,004.80
540.00
Attachment number 1
Page 7 of 25
Bldg Permit
portion
2,046,958 1,258,223
582,583 301,883
Item # 10
0010-01430-557300-524-000-0000
0010-01430-565800-524-000-0000
0010-01430-591600-581-000-0000
16,344.93
1,574.15
14,283.00
3,422,936.04
Total Bldg Permits portion
2,092,518.00
Difference
10% for Code Enforcement Support
1,330,418.04
133,041.80
793,395
Attachment number 1
Page 8 of 25
532,413
Item # 10
Attachment number 1
Page 9 of 25
Code
Enforcement
Support
78,873
28,070
Item # 10
Attachment number 1
Page 10 of 25
26,098
133,042
Item # 10
Account Number
0315-94801-530100-519-000-0000
0315-94801-530300-519-000-0000
0315-94801-546100-519-000-0000
0315-94801-546200-519-000-0000
0315-94801-550400-519-000-0000
0315-94801-552500-519-000-0000
0315-94801-564000-519-000-0000
0315-94801-564300-519-000-0000
Total Spent 2006
Attachment number 1
Page 11 of 25
Opening Balance Closing Balance
57,878.64 57,878.64
84,773.46 84,773.46
4,718.00 4,718.00
25,000.00 25,000.00
4,108.63 6,246.95
4,092.00 4,092.00
231,826.00 231,826.00
79,547.00 79,547.00
491,943.73 494,082.05
Item # 10
City of Clearwater
01430 Development & Neighborhood Services (does not include 1431 Fire Inspections - now in Fire Dept.)
Expenditure Preparation Worksheet
Senate Bill 442 - FY06
Revenue #322108 Master Building Permits for FY06 $3,189,777(ROSS); Revenue #322111 Forfeited Refundable Permit Fee for FY06: $47,400 (ROSS)
(Notes: Related to Master Building Permits Revenue #322108; Forfeited Refundable Permit Fee Revenue #322111, figures from ROSS, BS forms, and Finance reports as related
to Senate Bill 442; if line items are not applicable or minimal relative to building divisions activities, these are left blank; some expenditure areas such as internal services, that are
applied across the board, were divided as per each employee in the department and then applied to the number of applicable employees and % in the study)
Bill 442
FY06 Expenditures Notes Relative to Bill 442 for FY06
510100 Salaries Based on Payroll reports and as per Finance
510200 Benefits report on September 28, 2006 (total of all
510400 Special Pay personal services below), using %'s applied to
510500 Overtime building permit services related to 442 Bill
510600 Vacation Leave Attachment numbe
510700 Sick Leave Page 12 of 25
510800 Other Paid Leave
512200 Injury Time
512300 Funeral Time
512500 Jury Holiday
512700 Holiday Time
520100 Life Ins $2500 Empl & Pens
520200 1 % Life Insurance-Employee
520300 Samp Life Insurance
520400 Major Medicallns-Emp
520600 Social Security-Employee
520700 Emp Pension Plan
520900 Workers Compensation
521000 Disability Insurance
521100 Unemployment Compensation
Personal Services 1,730,192 Total related to 442
530100 Professional Services
From ROSS reports, includes contract services
for building inspections and plans review
(Quroum Services); title work for unsafe
buildings = $40,090 + $75,000 from retained
earnings approved by the City Council on 01-19-
06 and amended to total of $224,160 for FY06
530300 Other Contractual Serv 199,306 by the City Council as a 3rd quarter amendment
530400 Lot Mowing (CRT line item)
542500 Postage 396 Based on ROSS
543000 Document Recording
544100 Equipt Rental Estimate based on Finance report on 09-28-06
546100 Ofc Equip Svc & Repair
546200 Other Equip Svc & Repair
547100 Uniforms-Employee 3,446 Based on ROSS
547200 Travel Expense-Emp 12,139 Based on ROSS
547300 Mileage Reimbursement provided in paychecks above in personal
547400 Meals-Employee services
Credit card charges for processing customers
fee payments by credit cards - includes OCL so
548000 Other Services Or Charges 13,045 60.6% estimate
550100 Office Supplies 9,127 Based on ROSS
550400 Operating Supplies & Matis 13,102 Based on ROSS
552000 $750-5000 Computer Softwar
552500 $750-5000 Mach & Equip
557100 Memberships/Subs/Lie Emp 4,887 Based on ROSS
557200 Offici Recognition-Emp 306 Estimate based on Finance report on 09-28-06
557300 Training & Ref Employee 14,497 Based on ROSS
Other Operating 270,252 Total related to 442
540100 Garage Services 50,707 Estimate based on Finance report on 09-28-06
540200 Doc Repro & Print Shop Svc 4,163 Based on ROSS
Estimate based on Finance report on 09-28-06
540300 Telephone Service Variable 7,182 (1430 cells: 18 @ 100% + 4 @ 30% + 1 @ 80%)
540400 Messenger Service 775 Estimate based on Finance report on 09-28-06
540500 Radio Svc-Fixed (radios in CRT 1432 division)
540600 Telephone Svc Fixed 7,938 Estimate based on Finance report on 09-28-06
540700 Postal Service 12,426 Estimate based on Finance report on 09-28-06
540800 Bldg Svcs-Fixed 33,887 Estimate based on Finance report on 09-28-06
540900 Risk Mgmt Service 5,769 Estimate based on Finance redblWSR~l~t~e
'~,,~ ~~, ~~
541000 Info Technology Charge 139,149 Estimate based on Finance report on 09-28-06
541500 Garage Variable 1,559 Estimate based on Finance report on 09-28-06
541600 Bldg & Maint-Variable 2,427 Estimate based on Finance report on 09-28-06
542000 Employee Benefits-Fixed 3,169 Estimate based on Finance report on 09-28-06
Internal Services 269,151 lotal relatea to 442
564000 >$5,000 Machinery & Equip
565800 Cost Mati & Services
------------
Capital Items
591600 Debt Service Transfer-LIP 8,655 Permit Plan project and vehicles
Debt Service 8,655 Total relatea to 442
r()1t((: !: . ny:.:",,::.:.",:::: ::: t:'...tt'7B ,11"
Revenue #322108 for FY06 $ 3,189,777
Revenue #322111 for FY06 $ 47,400
Total of amount of revenues greater than
expenditures related to Master Building
Permit Fees #322108 and Expired Permit Fee
Difference $ 958,927 #322111 for FY06
For Estimates above: Total of 50.5 FTE's in 1430, 1432. For building service related activities in 1430, there are 4 FTE's @ 30% + 19 @
100% + 13 @ 80% = 30.6 FTE's working on building permit fee activities or 60.6% of total FTE's/expenditures where "grouped" together as
one department expenditure
GENERAL FUND
Administrative Service Charge Computation
Fiscal Year 2005/06
General Fund:
Administrative Departments:
City Commission
City Manager
Economic Development
Human Relations/Compliance
City Auditor's Office
Office of Management & Budget
Legal
City Clerk
Public Information
Community Response
Finance
Human Resources
TOTAL TO BE DISTRIBUTED
Operating Departments:
General Fund:
Police
Fire
Economic Development - Housing
Development Services
Planning
Public Works
Parks & Recreation
Library
Sailing Center/Pier
Non-Departmental
Total, General Fund
Utilities:
Water & Sewer
Gas
Solid Waste
Recycling
Stormwater
Total, Utility Funds
other Enterprise Funds
Marina
Parking
Total, other Enterprise Funds
TOTAL -ALL OPERATING DEPARTMENTS
Esti mated
Budqet
302,050
658,590
316,840
143,830
322,220
1,503,850
1,219,850
944,430
1,723,540
2,119,050
1,226,160
10,480,410
2004/05
31,326,230
17,635,380
468,740
297,340
1,244,650
9,329,720
18,188,010
5,818,060
448,580
4,668,910
89,425,620
46,662,290
30,571,275
14,641,870
2,098,380
7,845,920
101,819,735
3,065,140
3,616,390
6,681,530
197,926,885
Attachment number 1
Page 14 of 25
Item # 10
General Fund
Water & Sewer
Gas
Solid Waste
Recycling
Stormwater
Marina & Aviation
Parking
GENERAL FUND
Administrative Service Charge Computation
Fiscal Year 2005/06
%
45.18%
23.58%
15.45%
7.40%
1.06%
3.96%
1.55%
1.83%
100.00%
Amount
4,735,169
2,470,811
1,618,777
775,300
111,111
415,449
162,302
191,491
10,480,410
738,467
(1 )
Distributed
Amount
4,735,170
2,470,810
880,310
775,300
111,110
415,450
162,300
191,490
9,741,940
738,467
10,480,407
(1) Per policy increase started in FY 1996/97, Gas administrative charge to increase only by
salary increase index. For fiscal 2005/06 - 4%)
General Fund:
Police
Fire
Economic
SB 442
%
Amount
1,658,753
933,810
Planning
Public Works
Parks & Recreation
Library
Sailing Center/Pier
Non-Departmental
1.39%
10.43%
20.34%
6.51%
0.50%
5.22%
65,905
494,017
963,072
308,072
23,753
247,223
Attachment number 1
Page 15 of 25
Item # 10
Administrative Service Charge Computation
Comparison with previous fiscal year
Distributed
Distribution Additional Amount 2004/05
2005/06
n/a
2,470,810
880,310
775,300
111,110
415,450
162,300
191,490
5,006,770
2,470,810
325,000 1,205,310
775,300
111,110
415,450
162,300
191,490
325,000 5,331,770
2,504,100
1,171,450
896,640
128,340
384,950
175,040
206,560
5,467,080
Attachment number 1
Page 16 of 25
%
Difference Increase
(33,290)
33,860
(121,340)
(17,230)
30,500
(12,740)
(15,070)
(135,310)
-1.3%
2.9%
-13.5%
-13.4%
7.9%
-7.3%
-7.3%
-2.5%
Item # 10
Attachment number 1
Page 17 of 25
no, it is various expense codes (422, 423, 504, 303, 411, 412, 416, etc.).
Tracey Bruch, CAPP
Parking Manager
(727) 562-4771
tracey. bruch@myclearwater.com
-----Original Message-----
From: Kleinsorge, Bill
Sent: Tuesday, June 19, 2007 10:52 AM
To: Bruch, Tracey
Subject: FW: cost of garage maintenance
Do have a specific code you charge these expenses to? Thanks again!
-----Original Message-----
From: Kleinsorge, Bill
Sent: Tuesday, June 19, 2007 10:49 AM
To: Bruch, Tracey
Subject: RE: cost of garage maintenance
Thanks!
-----Original Message-----
From: Bruch, Tracey
Sent: Tuesday, June 19, 2007 10:46 AM
To: Kleinsorge, Bill
Cc: Sansom, Stephanie; Bush, Keith; Quillen, Michael; Stefanelli, Stephanie
Subject: RE: cost of garage maintenance
Bill:
I would estimate approx. $50,000 in annual 0 & m costs (i.e., lighting, utilities, landscape maint., irrigatic
Tracey
Tracey Bruch, CAPP
Parking Manager
(727) 562-4771
tracey. bruch@myclearwater.com
Total
Police
MSB
50,000
25,000
25,000
Item # 10
Attachment number 1
Page 18 of 25
:m, bldg. & maint., elevator, upkeep, r&r).
Item # 10
Attachment number 1
Page 19 of 25
2004/05 2005/06
Approved % Estimated
Budget Increase Budget Rounded
Ad mi n istrative Departments
City Council
Personal Services 184,070 4.0% 191,433
Other Operating 107,400 3.0% 110,622
291,470 302,055 3.6% 302,050
City Manager
Personal Services 531,520 4.0% 552,781
Other Operating 276,400 3.0% 284,692
807,920 837,473 3.7% 837,470
Economic Development
Personal Services 561,750 4.0% 584,220
Other Operating 494,740 3.0% 509,582
Less: Chamber contracts (217,840)
Less: Reimb frm CRA/DDB 3.0% (217,370)
1,056,490 658,592 -37.7% 658,590
Equity Services
Personal Services 227,170 4.0% 236,257
Other Operating 185,030 3.0% 190,581
Less: Contributions to Other Agenc (110,000)
412,200 316,838 -23.1 % 316,840
City Audit
Personal Services 120,730 4.0% 125,559
Other Operating 17,740 3.0% 18,272
138,470 143,831 3.9% 143,830
OMB
Personal Services 276,510 4.0% 287,570
Other Operating 33,640 3.0% 34,649
310,150 322,220 3.9% 322,220
City Attorney's Office
Personal Services 941,560 4.0% 979,222
Other Operating 509,350 3.0% 524,631
1,450,910 1,503,853 3.6% 1,503,850
Official Records & Legislative Svcs.
Personal Services 605,520 4.0% 629,741
Other Operating 572,920 3.0% 590,108
1,178,440 1,219,848 3.5% 1,219,850
Public Communications
Personal Services 560,530 4.0% 582,951
Other Operating 350,950 3.0% 361,479
911,480 944,430 3.6% 944,430
Item # 10
Development Services
Personal Services 2,527,260 4.0%
Other Operating 761,150 3.0%
Less: Other Department Revenues
3,288,410
Finance
Personal Services 1,641,540 4.0%
Other Operating 399,850 3.0%
2,041,390
Human Resources
Personal Services 818,950 4.0%
Other Operating 363,550 3.0%
1,182,500
Total Administrative Programs 13,069,830
FY 2004/05
Police 31,326,230
Fire 17,635,380
Economic Development - Housing 468,740
Development Services 297,340
Planning 1,244,650
Public Works 9,329,720
Parks & Recreation 18,188,010
Library 5,818,060
Sailing Center/Pier 448,580
Non-departmental 4,668,910
89,425,620
Total General Fund 102,495,450
Water & Sewer 52,116,110
Less: Transfers to General Fund
Other Svc Charges (542800) 1,188,090
Adm Svc Charge (542900) 2,504,100
Pymnt in lieu of tax (590200) 1,761,630
46,662,290
Gas 33,383,160
Less: Transfers to General Fund
Other Svc Charges (542800) 1,320
Adm Svc Charge (542900) 1 ,171 ,450
Dividend Payment 1,043,645
Franchise Fees 595,470
Pymnt in lieu of tax (590200)
30,571,275
Solid Waste 16,251,190
Less: Transfers to General Fund
Other Svc Charges (542800) 1,970
Adm Svc Charge (542900) 896,640
Pymnt in lieu of tax (590200) 710,710
14,641,870
Recycling 2,335,940
Attachment number 1
Page 20 of 25
2,628,350
783,985
(1,688,790)
1,723,545 -47.6% 1,723,540
1,707,202
411 ,846
2,119,047 3.8% 2,119,050
851,708
374,457
1,226,165 3.7% 1,226,160
11,317,896 -13.4% 11,317,880
Item # 10
Less: Transfers to General Fund
Other Svc Charges (542800)
Adm Svc Charge (542900)
Pymnt in lieu of tax (590200)
Stormwater
Less: Transfers to General Fund
Other Svc Charges (542800)
Adm Svc Charge (542900)
Pymnt in lieu of tax (590200)
Marina
Less: Transfers to General Fund
Other Svc Charges (542800)
Adm Svc Charge (542900)
Pymnt in lieu of tax (590200)
Parking
Less: Transfers to General Fund
Other Svc Charges (542800)
Adm Svc Charge (542900)
Attachment number 1
Page 21 of 25
128,340
109,220
2,098,380
9,384,600
773,290
384,950
380,440
7,845,920
3,413,500
38,630
175,040
134,690
3,065,140
4,208,720
385,770
206,560
3,616,390
Item # 10
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Page 22 of 25
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Item # 10
Attachment number 1
Page 23 of 25
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Item # 10
Attachment number 1
Page 24 of 25
Bldg# Building Name
139 City Municipal Services Building-MSB
City Municipal Services Building-MSB
City Municipal Services Building-MSB
Address Function
100 South Myrtle AvenuE 519
100 South Myrtle AvenuE 519
100 South Myrtle AvenuE 519
Allocation of capital asset ledQer totals above per BudQet:
Acq. Date
FY95-96
FY97
FY98-99
Acq. Cost
5,539,523.48
7,732,769.08
2,751,014.17
16,023,306.73
Item # 10
Attachment number 1
Page 25 of 25
Life Ace Dep. FY05 Expense FY06 Ace Dep. FY06 Net Book Value
30 1,661,857.04 184,650.78 1,846,507.83 3,693,015.65
30 2,062,071.75 257,758.97 2,319,830.72 5,412,938.36
30 641,903.31 91,700.47 733,603.78 2,017,410.39
4,365,832.11 534,110.22 4,899,942.33 11,123,364.40
Item # 10
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Ninth Amendment to the Chi Chi Rodriguez Foundation lease agreement and approve a continuing and unconditional
guaranty agreement to Bank of America (BOA) for a total aggregate sum not to exceed One Million Dollars ($1,000,000) for a
loan held by the Chi Chi Rodriguez Youth Foundation, Inc., in the operation of the Chi Chi Rodriquez Golf Course located on
McMullen Booth Road and authorize the appropriate offcials to execute same. (consent)
SUMMARY:
The Chi Chi Rodriguez Youth Foundation Inc. (Foundation) has developed and operated the Chi Chi Rodriguez Golf Course and
Pinellas County School program on the McMullen Booth site for over 21 years.
The lease between the City and the Foundation for use of this property was extended 15 years from its 2010 expiration, by the City
Council on March 2, 2000, to end on November 12, 2025.
Included in the Eighth Amendment to Lease Agreement was a provision for the Foundation to pay the City three percent (3%) of
its gross revenue as rent during the 15-year extension period (estimated to be $50,000 per year). The rent payments were to
commence upon the City constructing a new club house at the Glen Oaks Golf Course which was also being run by the Foundation
at that time. The clubhouse was not built and the golf course has been transformed into the Glen Oaks Park. The Ninth
Amendment provides for the 3% obligation to be paid during the extension period 2010 to 2025.
The Foundation has restructured their Board of Directors as well as restructuring their debt in anticipation of some new initiatives
being planned by the Foundation.
The City of Clearwater has been a guarantor for past loans granted to the Foundation for construction and operation of the course
(as much as $2.5 million). The Foundation is requesting that the City continue to guarantee a current loan in an amount not to
exceed One Million Dollars ($1,000,000).
The practical guarantee will decrease each year as the bond's outstanding balance will decrease by $111,111.11 each year starting
on August 1, 2008. The practical guarantee is the amount that the City would need to pay in order for the golf course to stay under
the City's control should the Foundation default.
The City's legal obligation is currently zero and will increase by executing this agreement.
The new agreement between the City, Foundation and BOA is similar to past agreements.
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 7
NINTH AMENDMENT TO AGREEMENT WITH
CHI CHI RODRIGUEZ YOUTH FOUNDATION, INC.
THIS NINTH AMENDMENT TO AGREEMENT (the "Amendment") is made and entered
into on this _ day of
,2007, by and between the City of Clearwater, Florida,
a municipal corporation, hereafter referred to as "City," and the Chi Chi Rodriguez Youth
Foundation, Inc., a Florida nonprofit corporation, whose address is Post Office Box 1521, Largo,
Florida, hereafter referred to as "Foundation," amending the Agreement between the parties dated
November 12, 1985, as amended ("Original Agreement").
WHEREAS, pursuant to the Original Agreement the City leased certain property ("Golf
Course") to the Foundation; and
WHEREAS, for the construction and operation of the Golf Course, the Foundation incurred
certain liabilities to NationsBank, N.A. in accordance with a Reimbursement and Loan Agreement
dated August 1, 1998 ("Loan Agreement"), (attached hereto as Exhibit "A"); and
WHEREAS, the Foundation is, of even date herewith, incurring alternate liabilities to Bank
of America, N.A., ("Bank"), as successor in interest to NationsBank, N.A., in order to comply with its
obligations under the Loan Agreement; and,
WHEREAS, to date, the City has provided a Continuing and Unconditional Guaranty to
secure such obligations made by the Foundation to the Bank to assure that the Golf Course and all
related programs may continue to support the youth served by the programs; and
WHEREAS, the parties desire to further amend the Original Agreement to provide for the
Foundation's new obligations to the Bank and the City's Guaranty of said obligations;
NOW, THEREFORE, in consideration of the premises and of the faithful performance by
each of the parties of the covenants and agreements between each other made, it is mutually
agreed that the Agreement is hereby amended as follows:
1. Paragraph 11 is amended by deleting the language added in those certain
Amendments to the Original Agreement, the "First Amendment" dated March 5, 1987, and the Fifth
Item # 11
Attachment number 1
Page 2 of 7
Amendment dated March 30,1992, replacing said language with the underlined language as set
forth below:
11. The Foundation shall not assign this lease or any of its rights under this
agreement, sublease any part of the leased premises except as authorized above, or
mortgage, transfer, hypothecate, pledge or dispose of the leased property in any form or
manner whatsoever. This paragraph shall not be deemed to prohibit a construction loan GF
tGaAs to the Foundation secured by the leasehold interest of the Foundation arising under
this agreement, as amended, in a principal amount not to exceed $2,500,000 $1.000,000 in
the aggregate, (the "Bank of America Loan" or "BOA Loan"), plus interest, costs, fees, and
any sums advanced to protect collateral, which loan proceeds are to be used for
improvements and equipment related to development, upkeep and maintenance of the
property, and repayment to the City of $27,26'1 previously advanced to the Foundation,
satisfyinq indebtedness of the Foundation due under that certain Reimbursement and Loan
Aqreement dated Auqust 1, 1998, nor shall this paragraph be deemed to prohibit an
assignment by a secured creditor of the Foundation of its interests in the leasehold should
the City fail to satisfy its obliqation under that certain Continuinq and Unconditional
Guaranty of even date herewith ("Guaranty") (attached hereto and incorporated herein as
Exhibit "B").
2. Paragraph 35 is amended by deleting the language contained in Paragraph 2 of the
First Amendment, dated March 5, 1987 (which added Paragraph 35), and Paragraph 2 of
the Fifth Amendment, dated March 30, 1992, and replacing it with the underlined language
as set forth below.
35. In the event of a default by the Foundation upon any loan secured by the
leasehold interest of the Foundation arising under this Agreement, such default shall also
constitute a default under this agreement.
Item # 11
Attachment number 1
Page 3 of 7
(a) In the event of such a default, the City shall have the right to reoccupy the
land and improvements thereto immediately upon notice to the Foundation, and without the
necessity of formal eviction proceedings. The City hereby guarantees that in such event
the City shall pay the secured creditor of the Foundation or the successors or assigns of the
secured creditor (herein, the "Lender") the outstanding balance of the GuarantytGaA, in a
principal amount not to exceed $1,000,000 in the aggregate, including interest, costs, fees,
and any sums advanced to protect the collateral (unless the City agrees to pay a greater
amount). The City covenants and agrees to appropriate in its annual budget, by
amendment, if required, and to pay to the Lender when due under this Agreement as
promptly as money becomes available, amounts of non-ad valorem revenues of the City or
other legally available funds sufficient to satisfy the loan repayment as provided under this
Agreement. Such covenant and agreement on the part of the City to budget and
appropriate such amounts of non-ad valorem revenues or other legally available funds shall
be cumulative, and shall continue until such non-ad valorem revenues or other legally
available funds in amounts sufficient to make all required loan repayments, shall have been
budgeted, appropriated and actually paid to the Lender. As to the remaining outstanding
balance of the loan in excess of $1,000,000, but not to exceed $2,500,000, plus interest,
costs, fees and any sums advanced to protect collateral, tlhe City shall have the option of
paying the Lender the full amount owed, in exchange for which the Lender shall release its
leasehold mortgage and the security interest in the related inventory, furnishing, fixtures
and equipment related to the project. In the event the City does not exercise said option
within thirty (30) days of written notice from the Lender, or at its next reqularly scheduled
City Council meetinq, but in no event later than sixty (60) days after written notice from the
Lender, the Lender shall have the rights described in Subparagraph (b) below.
Any payment by the City shall be from funds available to the City from any source
or financing method not requiring the exercise of the ad valorem taxing powers of the City.
Item # 11
Attachment number 1
Page 4 of 7
This paragraph shall not be deemed a pledge of all legally available non-ad valorem
revenues of the City and no secured creditor or other person may compel the City to
exercise the ad valorem taxing power of the City pursuant to this paragraph.
Notwithstanding any provision of this agreement to the contrary, this agreement and the
obligations of the City hereunder shall not be construed as a limitation on the ability of the
City to pledge or covenant to pledge said revenues for other legally permissible purposes.
Notwithstanding any provisions hereof to the contrary, the City shall not be obligated to
exercise its ad valorem taxing power to maintain or continue any of the activities of the City
including those activities which generate user service charges, regulatory fees or any non-
ad valorem revenues. This paragraph shall be deemed to authorize a lien as described
herein upon the leasehold interest of the Foundation arising under this agreement, together
with inventory, furnishings, fixtures, and equipment related to the project, but not upon the
real property leased to the Foundation by this agreement.
(b) If the City does not exercise its option to pay the Lender in full within thirty (30) days of
notice, the timeframe as set forth in subparagraph (a) above, the Lender shall be permitted by the
City to assume the rights and obligations of the Foundation under this agreement, and to operate
the golf course, clubhouse, and related improvements for the unexpired term of this agreement. In
that event the lender:
I. Shall not be obligated to comply with the terms of Paragraphs 9, 14,20,22,26,28,
30 or 34 of this agreement;
II. Shall not be required to operate the golf course or clubhouse as an educational and
rehabilitative facility as provided in Paragraphs 3 and 14 of this agreement:
III. Shall not be subject to the financial records review provisions of Paragraph 27 of
this agreement; and
IV. Shall be entitled to the rental or other revenues from the family golf course until the
loan has been repaid.
Item # 11
Attachment number 1
Page 5 of 7
(c) In the event that the Lender should obtain title to the leasehold interest of the
Foundation arising under this agreement, either by deed in lieu of foreclosure or as the successful
bidder at a clerk's sale pursuant to a judgment of foreclosure, or any other way permitted by law
(including, but not limited to, an assignment of lease by the Foundation to the Lender), then the
City shall have the right of first refusal to purchase the Lender's title to said leasehold interest upon
the terms and conditions contained in any bonafide contract to sell said leasehold interest to a third
party. In such event, the City shall have thirty (30) days after receipt of notice of the proposed sale
within which to notify the Lender of its desire to purchase the leasehold interest on the same terms
and conditions as the proposed sale. In the event that the City does not notify the Lender within
said thirty-day period, the Lender may proceed to consummate the proposed sale. At any time
during which the Lender should own said leasehold interest, except during the aforementioned
thirty-day notice period, the City may at its option purchase the Lender's leasehold interest by
paying to the Lender all unpaid principal plus accrued interest, costs, fees and sums expended for
the preservation and protection of the collateral. In the event that the Lender or any third party
purchaser at judicial sale should become the owner of said leasehold interest, then the provisions
of Subparagraph (b) above shall apply to said owner or its successors and assigns.
(d) In the event of a default by the Lender which shall remain uncured after thirty (30)
days written notice of such default from the City to the Lender, the leasehold interest shall
terminate and title to the property shall be free and clear of any and all claims or liens by the
Lender; provided, however, that the period within which the Lender is required to cure a default
shall be extended in the event that the default cannot be cured within thirty (30) days and the
Lender is actively and reasonably making efforts to cure the default.
3. The City and the Foundation agree that for purposes of clarification, and in
accordance with section 2 of that certain Amendment to Agreement (the "Eighth Amendment")
dated March 8, 2000, the Foundation agrees to pay City three percent (3%) of its gross revenues
Item # 11
Attachment number 1
Page 6 of 7
for the McMullen Booth complex annually as agreed upon rent, for the term of the extension of the
Agreement as reflected in section 1 of the Eighth Amendment, beginning on November 13, 2010,
and payable through the end of the term, or any additional extension thereof, as agreed to from
time to time. Foundation agrees to pay sales tax applicable to such mutually agreed upon rent.
Gross revenues include but are not limited to green fees, cart fees, food, beverages, and
merchandise sales, equipment rental, clubhouse rental, and any other revenues. For the purposes
of this lease donations to the Foundation are not considered revenue and are exempt from this
provision.
4. Notwithstanding any language in previous amendments to this Agreement to the
contrary, in the event that the City terminates the Lease for the reasons specified in Paragraph 32
of the Agreement, (municipal purpose), the City shall pay to the Lender all unpaid principal,
accrued interest, costs, fees, and additional sums expended for the preservation and protection of
the Lender's capital, not to exceed the then-current balance of the City's Guaranty. Any amounts
so paid to Lender shall be permitted to be setoff against and deducted from any amount due to the
Foundation for its investment in the leased property as provided for in Paragraph 32 of the of the
Original Agreement.
5. All of the terms and conditions of the Agreement which are not expressly amended
herein shall continue in full force and effect, and are incorporated herein by reference as if set forth
in full.
CHI CHI RODRIGUEZ,
YOUTH FOUNDATION, INC.
CITY OF CLEARWATER
By:
By
Thomas James
President
William B. Horne, II
City Manager
By:
Secretary for Chi Chi Rodriguez
Frank V. Hibbard
Mayor
Item # 11
Attachment number 1
Page 7 of 7
ATTEST:
Approved as to form:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 11
Attachment number 2
Page 1 of 10
CONTINUING AND UNCONDITIONAL GUARANTY
FOR VALUE RECEIVED, and to induce Bank of America, NA, FLl-
400-07-02, 101 E. Kennedy Boulevard, 7th Floor, Tampa, Florida 33602 (herein
called "Bank") to make a loan or advances or to extend credit or other financial
accommodation or benefit, with or without security, to or for the account of Chi
Chi Rodriguez Youth Foundation, Inc., a Florida not -for-profit corporation (herein
called "Borrower" or the "Foundation"), the undersigned Guarantor hereby
becomes surety for and irrevocably and unconditionally guarantees to Bank the
payment when due, whether by acceleration or otherwise, of any and all liabilities
(as hereinafter defined) of Borrower to Bank. Guarantor further covenants and
agrees as follows:
1. The term "Liability" or "Liabilities" as used herein shall include,
without limitation (except as expressly set for the herein), all liabilities and
obligations of Borrower to Bank and all obligations of the undersigned hereunder,
however and whenever incurred or evidenced, whether primary, secondary, direct,
indirect, absolute, contingent, sole, joint or several, due to become due, or which
may be herein or hereafter contracted or acquired, or incurred directly or indirectly
as a result thereof, and all extensions or renewals thereof and all sums payable
under or by virtue thereof including without limitation, all amounts of principal
and interest and all expenses (including attorneys' fees and cost of collection
incurred in the collection thereof or the enforcement of Bank's rights), whether
arising in the ordinary course of business or otherwise, and whether held or to be
held by Bank for its own account or as agent for another or others. The term
"Liability" or "Liabilities" as used herein includes, without limitation, all liabilities
and obligations of the Foundation to the Bank pursuant to that certain
Reimbursement and Loan Agreement dated as of August 1, 1998. The term
Liabilities as used herein shall include all Liabilities of any successor entity or
entities to Bank.
2. The undersigned waives notice of acceptance of this guaranty
and notice of any Liability to which it may apply, and further waives presentment,
demand for payment, protest, notice of dishonor or nonpayment of any Liabilities,
and notice of any suit or the taking of other action by Bank against Borrower and
any other notice to any party liable thereon (including the undersigned).
3. Bank may at any time and from time to time, without notice to
and without incurring responsibility to the undersigned, and without impairing,
releasing or otherwise affecting the obligations of the undersigned in whole or in
part and without the endorsement or execution by the undersigned of any
additional consent, waiver or guaranty: (a) change the manner, place or terms of
payment, and change or extend the time of, or renew or alter, any Liability or
Item # 11
Attachment number 2
Page 2 of 10
installment thereof, or any security therefor, and the guaranty herein made shall
apply to the Liabilities as so changed, extended, renewed, or otherwise altered;
provided, however, that in no event shall the Bank advance funds such that the
principal amount outstanding exceeds $1,000,000; (b) sell, exchange, release,
surrender, realize upon or otherwise deal with in any manner and in any order any
property at any time pledged or mortgaged to secure the Liabilities and any offset
thereagainst; (c) exercise or refrain from exercising any rights against Borrower or
other (including the undersigned) or act or refrain from acting in any other manner;
(d) settle or compromise any Liability or any security therefor, and may
subordinate the payment of all or any part thereof to the payment of any Liability
(whether or not due) of Borrower to creditors of Borrower other than Bank and the
undersigned; and (e) apply any sums from any sources to any Liability without
regard to any Liabilities remaining unpaid.
4. No invalidity, irregularity or unenforceability of all or any part
of the Liabilities or of any security therefor shall affect, impair or be a defense to
this guaranty, and this guaranty is a primary and absolute obligation of the
undersigned.
5. This guaranty is a continuing one and all Liabilities to which it
applies or may apply under the terms hereof shall be conclusively presumed to
have been created in reliance hereon. No purported notice by Guarantor of
revocation or termination hereof shall affect in any manner rights arising under
this guaranty with respect to Liabilities that shall have been created, contracted,
assumed or incurred prior to receipt by Bank of written notice of such revocation
or termination, or Liabilities that shall have been created, contracted for, assumed
or incurred after receipt of such written notice pursuant to any agreement entered
into by Bank prior to receipt of such notice, and the sole effect of such notice of
revocation or termination hereof shall be to exclude from this guaranty Liabilities
thereafter arising that are unconnected with Liabilities theretofore arising or
transactions theretofore entered into.
6. All notices provided to be given to Bank herein shall be sent by
registered or certified mail, return receipt requested, to the address shown in the
preamble to this guaranty agreement.
7. Any and all rights and claims of the undersigned against
Borrower or any of its property shall be subordinate and subject in right of
payment to the prior payment in full of all Liabilities to Bank.
8. The undersigned shall be in default hereunder upon: (a) non-
payment of any Liability when due; (b) failure of Borrower or the undersigned to
perform any agreement creating or otherwise affecting any Liability or any
provision hereof, or to pay in full, when due, any other obligation of Borrower or
the undersigned; (c) the dissolution, termination of existence, insolvency, or
2
Item # 11
Attachment number 2
Page 3 of 10
business failure of Borrower or the undersigned, appointment of a receiver of any
part of the property of any such party, assigmnent for the benefit of creditors by or
the commencement of any proceedings in bankruptcy or insolvency by or against
Borrower or the undersigned; (d) the entry of a judgment against Borrower not
satisfied or transferred to bond within thirty (30) days; (e) the issuing of any
attachment or garnishment, or the filing of any lien against any property of
Borrower; (f) the merger, consolidation or reorganization of Borrower; (g) the
determination by Bank that any material, adverse change not otherwise approved
in writing by Bank has occurred in the financial condition of Borrower or the
undersigned from the conditions set forth in the financial statements of any such
party heretofore furnished to Bank in any manner; or (h) falsity in any material
respect of, or any material omission in, any representation or statement made to
Bank by or on behalf of Borrower or the undersigned in connection with any
Liability of such parties.
9. Upon the occurrence of any default hereunder, Bank shall have
all of the remedies of a creditor and, to the extent applicable, of a secured party,
under all applicable law. Without limiting the generality of the foregoing, Bank
may at its option and without notice or demand: (a) declare any Liability
accelerated and due and payable at once; and (b) take possession of any collateral
securing any Liability wherever located, and sell, resell, assign, transfer and
deliver all or any part of said property of Borrower or the undersigned, at any
broker's board or exchange or at any public or private sale, for cash or on credit or
for future delivery, and in connection therewith Bank may grant options and may
impose reasonable conditions such as requiring any purchaser of any stock so sold
to represent that such stock is purchased for investment purposes only, and, upon
any such sale, Bank, unless prohibited by law the provisions of which cannot be
waived, may purchase all or any part of said property to be sold, free from and
discharge of all trusts, claims, right of redemption and equities of the undersigned
whatsoever.
10. The undersigned shall pay all costs of collection and reasonable
attorneys' fees, including reasonable attorneys' fees of any suit, out of court, in
trial, on appeal, in bankruptcy proceedings or otherwise, incurred or paid by Bank
in enforcing the payment of any Liability or enforcing or preserving any right or
interest of Bank hereunder, including the collection, sale or delivery of any
collateral security from time to time pledged hereunder, if any, and after deducting
such fees, costs and expenses from the proceeds of sale or collection, Bank may
apply any residue to pay any of the Liabilities, and the undersigned shall continue
to be liable for any deficiency with interest, which shall remain a Liability.
11. If claim is ever made upon Bank for repayment or recovery of
any amount or amounts received by Bank in payment or on account of any of the
3
Item # 11
Attachment number 2
Page 4 of 10
Liabilities, and Bank repays all or part of said amount by reason of any judgment,
decree or order of any court or administrative body having jurisdiction over Bank
or any of its property or any settlement or compromise of any such claim effected
by Bank with any such claimant (including Borrower), then the undersigned agree
that any such judgment, decree, order, settlement or compromise shall be binding
upon the undersigned, notwithstanding any revocation hereof or the cancellation of
any note or other instrument evidencing any Liability, and the undersigned shall be
and remain liable to Bank hereunder for the amount so repaid or recovered to the
same extent as if such amount had never originally been received by Bank.
12. Any acknowledgement, new promise, payment of principal or
interest, or otherwise, whether by Borrower or others (including the undersigned),
with respect to any of the Liabilities shall, if the statute of limitations in favor of
the undersigned against Bank shall have commenced to run, toll the running of
such statute of limitations and, if the period of such statute of limitations shall have
expired, prevent the operation of such statute of limitations.
13. Bank shall not be bound to take any steps necessary to preserve
any rights in any of the property of the undersigned against prior parties who may
be liable in connection therewith, and the undersigned hereby agree to take any
such steps. Bank may nevertheless at anytime: (a) take any action it may deem
appropriate for the care or preservation of such property or of any rights of the
undersigned or Bank therein; (b) demand, sue for, collect or receive any money or
property at any time due, payable or receivable on account of or in exchange for
any property of the undersigned; (c) compromise and settle with any person liable
on such property; or (d) extend the time of payment or otherwise change the terms
thereof as to any party liable thereon, all without notice to, without incurring
responsibility to, and without affecting any of the obligations of the undersigned.
14. No delay on the part of Bank in exercising any of its options,
powers or rights, or partial or single exercise thereof, shall constitute a waiver
thereof. No waiver of any of its rights hereunder, and no modification or
amendment of this guaranty, shall be deemed to be made by Bank unless the same
shall be in writing, dilly signed on behalf of Bank, and each such waiver, if any,
shall apply only with respect to the specific instance involved, and shall in no way
impair the rights of Bank or the obligations of the undersigned to Bank in any
other respect at any other time.
15. Bank shall not be required to proceed first against Borrower, or
any other person, firm or corporation, whether primarily or secondarily liable, or
against any collateral security held by it, before resorting to the undersigned for
payment, and the undersigned shall not be entitled to assert as a defense to the
enforceability of the guaranty set for the herein any defense of Borrower with
4
Item # 11
Attachment number 2
Page 5 of 10
respect to any Liability other than the defense that payment has been made, in
whole or in part, if such is the case.
16. The term "undersigned" wherever used herein shall mean the
undersigned or anyone or more of them. Anyone executing this guaranty shall be
bound by the terms hereof without regard to execution by anyone else. This
guaranty is binding upon the undersigned, his, their or its executors,
administrators, successors and assigns, and shall inure to the benefit of Bank, its
successors, endorsees or assigns.
17. This agreement has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this agreement
shall be prohibited by or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this agreement. To the
extent permitted by applicable law, the undersigned herby waive any provision of
law that renders any provision hereof prohibited or unenforceable in any respect.
Any litigation arising hereunder or related hereto shall be tried by the state courts
for the county or the federal court of the United States federal district where the
branch office of Bank stated in the preamble hereto is located, whichever is
applicable.
18. The following special provisions shall apply to this Guaranty. In
the event of any conflict between the body of the Guaranty and these special
provisions, these special provisions shall control.
A. Duration and Assignability of Guaranty. This Guaranty
shall remain in full force and effect so long as Bank, or its successors or assigns, is
the holder of the underlying obligation guaranteed hereby. Notwithstanding the
above language, the City's Guaranty shall be limited to a total aggregate sum not
to exceed One Million Dollars ($1,000,000.00) through July 31, 2008. Thereafter,
so long as the underlying obligation is not in default, Guarantor's obligation
hereunder shall decrease on the first day of August of each year commencing
August 1, 2008, by an amount equal to One Hundred Eleven Thousand One
Hundred Eleven Dollars and Eleven Cents ($111,111.11), it being the intent of the
parties that Guarantor's guaranty hereunder shall decrease by One Hundred Eleven
Thousand One Hundred Eleven Dollars and Eleven Cents ($111,111.11) per year
until August 1, 2016, whereupon Guarantor no longer shall be obligated.
B. Ground Lease Terms. Guarantor acknowledges that it
is the owner of certain real property subject to a ground lease in favor of Borrower,
which property is more particularly described in that certain Agreement dated
November 12, 1985, which Agreement was amended on March 5, 1987, February
5
Item # 11
Attachment number 2
Page 6 of 10
16, 1988, November 12, 1985, which Agreement was amended on March 5, 1987,
February 16, 1988, November 20, 1989, November 1, 1990, , 1992,
May 21, 1993, August 1, 1998 and March 8, 2000 ( the Agreement, as amended,
shall hereafter be referred to as the "Ground Lease"). The City understands that
Borrower has delivered to the Pinellas County Industry Council (the "Issuer") and
the Bank, as additional security in connection with the issuance of $2,100,000
principal amount of Pinellas County Industry Council Variable Rate Demand
Revenue Bonds (Chi Chi Rodriguez Youth Foundation Project) Series 1998, a
Mortgage and Security Agreement dated August 1, 1998. Although the City is not
willing to subordinate its fee simple interest in the Property to Bank, the City is
willing to give Bank certain additional rights, which rights currently may not exist
under the terms of the Ground Lease. The City understands that Bank would not
extend financing to the Borrower in the absence of such additional consideration
and these additional provisions are a necessary condition for the loan from Bank to
Borrower These provisions shall remain in full force and effect so long as this
Guaranty is in effect.
1. Notwithstanding any language in the Ground Lease, the
City shall provide to Bank written notice of any default by Borrower under the
Ground Lease. In addition to any cure period contained in the Ground Lease, if
any, Bank shall be entitled to an additional thirty (30) days to cure any alleged
defaults. In the event of a default which, because of its nature, cannot be cured
within the additional 30-day period, but which can be cured within a reasonable
time, the Bank shall be entitled to such additional time so long as it is actively
attempting to cure the default.
2. Notwithstanding any language in the Ground Lease, the
Ground Lease shall not be terminated based upon a default by Borrower without
the prior written consent of Bank.
3. Notwithstanding any language in the Ground Lease to
the contrary, in the event of a default under the Ground Lease by Borrower, Bank
shall have the right to assume Borrower's rights and obligations under the Ground
Lease if Guarantor has not satisfied the Bank's written demand for payment under
this Guaranty within the greater of thirty (30) days or the next regularly scheduled
City Council Meeting, but in no event to exceed sixty (60) days, and City hereby
approves Bank as a successor lessee under the Ground Lease. In such event, the
City's guaranty shall remain in full force and effect until fully satisfied.
4. The Ground Lease shall not be amended without the
prior written consent of Bank.
5. In the event that Bank assumes or otherwise acquires
Borrower's interest in the Ground Lease, through judicial foreclosure or otherwise,
Bank shall be entitled to any rental proceeds and all other revenues derived from
6
Item # 11
Attachment number 2
Page 7 of 10
the Property including, but not limited to, greens fees, cart fees, professional golf
lessons, and any rental income from the portion of the Property currently operated
as the PGA Family Golf Center.
6. Notwithstanding any language in the Ground Lease to
the contrary, Bank may appoint a receiver or trustee to operate the Property in the
event that Bank assumes or otherwise acquires Borrower's interest in the Ground
Lease, (or is in the process of assuming or acquiring Borrower's interest) through
judicial foreclosure or otherwise. Furthermore, upon the happening of such an
event, Bank shall have the right to assign its rights under the Ground Lease and
this Guaranty pursuant to paragraph 18A above.
7. In the event that the City terminates the Ground Lease
for "superior public purposes", as provided in paragraph 32 of the Ground Lease,
and in addition to any compensation which the City may owe to the Borrower, and
notwithstanding any limitation otherwise contained herein, the City shall fully
satisfy the entire outstanding debt owed to Bank by Borrower.
8. Through its execution of this Guaranty, and
notwithstanding any language in the Ground Lease to the contrary, the City hereby
acknowledges and confirms that Borrower has met all conditions imposed upon it
by the City with respect to the leasehold financing for which this Guaranty is
given, including any and all construction and equity contribution requirements,
and that the City approves the use of Bank's loan proceeds for the purposes set
forth in Bank's commitment letter to Borrower dated February 19, 1992. By its
execution hereof, the City acknowledges and confirms that Borrower is not in
default under the Ground Lease and that borrower has performed all obligations
currently due under the Ground Lease including, but not limited to, development
and construction of certain educational and rehabilitative facilities, a
supplementary PGA tour family golf center and driving range and all other
improvements required under the Ground Lease.
9. Notwithstanding anything III this Guaranty to the
contrary, the City shall have the greater of thirty (30) days or the next regularly
scheduled City Council Meeting, but in no event to exceed sixty (60) days,
following written demand from Bank to pay under this Guaranty.
C. Limitations.
1. As set forth in subparagraph 18 (A) above, the
City's guaranty shall be limited to One Million Dollars ($1,000,000.00). This
figure shall include interest, collection costs, attorneys' fees, etc., such that,
regardless of what Borrower may owe, the City's liability shall not exceed the sum
of One Million Dollars; provided, however, that the City shall be responsible for
any costs of collection, including reasonable attorneys' fees and costs, in the event
it becomes necessary for Bank to pursue collection efforts against the City.
7
Item # 11
Attachment number 2
Page 8 of 10
2. The obligations of the City hereunder shall not
constitute a general obligation or a pledge of the full faith and credit or the taxing
power of the city of Clearwater, or a lien upon any property owned by the City.
Any obligation of the City hereunder shall be a limited special obligation payable
solely from funds of the City, excluding ad valorem tax revenues, available for
such payment under the annual operating budget of the City in the fiscal year in
which payment is to be made. No person shall have the right to require or compel
the levy by the City of ad valorem taxes on any property to pay any obligation of
the City hereunder. Nothing herein shall be deemed a covenant or agreement of
any officer, agent, or employee of the City in his or her individual capacity.
D. Financial Statements.
1. The City of Clearwater aggress to provide the Bank
with a copy of the City's annual audited financial statements for each fiscal year of
the City, within 30 days after receipt thereof by the City, for so long as any
Liability (as defined herein) exists.
Dated:
GUARANTOR:
CITY OF CLEARWATER
Countersigned:
By:
City Manager
Mayor-Commissioner
Name:
Approved as to form and
Corrections:
City Attorney
Attest:
City Clerk
Name:
8
Item # 11
Attachment number 2
Page 9 of 10
This Guaranty is joined in by the Borrower to acknowledge and consent to the
terms of Guaranty, especially those terms c contained in paragraph 18 which
concern the Ground Lease agreement between the Borrower and Guarantor.
CHI CHI RODRIGUEZ YOUTH FOUNDATION, INC.
By:
Its:
Attest:
Its:
[Seal]
9
Item # 11
Attachment number 2
Page 10 of 10
Item # 11
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Pinellas County Recreational Grant Funding Agreement for the Countryside Community Park Enhancements in the
amount of $125,000 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
. The City has been awarded a grant in the amount of $125,000 to provide enhancements to Countryside Community Park
including the renovation of the playground, picnic facilities and the construction of a new restroom/storage/concession building
. This total project budget is $425,000. The city has submitted an application and is expecting an award of a state FRDAP grant
in the amount of $200,000. The Countryside Little League has committed to raising $75,000 for this project, and Clearwater for
Youth has committed $25,000.
. The current concession building is in less that desirable location, over 20 years old and in need of major renovations. The
existing restroom building is inconveniently located on the southeastern portion of the park as it was constructed prior to the
athletic fields.
. The City has hired the firm Fowler and Associates to perform engineering design services for the new restroom/concession
building. The new single story concrete block building will contain restrooms, storage, concession area, meeting room and an
office.
. The project also includes enhancements to the playground to provide 'limitless' features to facilitate play for all abilities, a new
trail connecting to the future Progress Energy Trail and additional picnic facilities.
. The new building when constructed will replace three existing buildings which will be demolished as part of this project. The
consolidation will not require any additional operating or staff resources.
. The park improvements (playground, picnic facilities and court resurfacing) were part of the capital improvement replacement
program at the City and will require no new resources to maintain.
Appropriation Code
315-93256
315-93256
315-93256
315-93256
Amount
200,000
125,000
75,000
25,000
Appropriation Comment
FRDAP grant from State of Florida
Pinellas County grant
Donation from Countryside Little League
Grant from Clearwater for Youth
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 1
GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWA TER
AND
PINELLAS COUNTY
THIS AGREEMENT is made and entered into as of the _ day of ,2007,
(the "Effective Date") by and between City of Clearwater, whose address is 100 South Myrtle Avenue,
Clearwater, FL 33756, hereinafter the "GRANTEE", and PINELLAS COUNTY, a political subdivision of the
State of Florida, whose address is 315 Court Street, Clearwater, Florida 33756, (hereinafter referred to as the
"COUNTY"),
WITNESSETH:
WHEREAS, recreation activities enhance the general quality of life in Pinellas County, and funding
such activities thereby serves a valid public purpose; and
WHEREAS, there is a growing demand for recreation in Pinellas County, including the need for active
recreation opportunities for residents of the unincorporated areas of the County; and
WHEREAS, the Board of County Commissioners has determined that assisting existing organizations
through the Recreational Grant Program provides support for and access to active recreation opportunities for
residents in the unincorporated areas of the County; and
WHEREAS, the GRANTEE has proposed a project to the COUNTY for funding consideration under
the Year 2007 Project consisting of Playground Renovations ("Project"); and
WHEREAS, the COUNTY considers the Project worthwhile and desires to assist the GRANTEE in
funding the Project as provided herein.
NOW, THEREFORE, the COUNTY and. the GRANTEE, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1. PROJECT DESCRIPTION AND COMPLETION SCHEDULE. GRANTEE shall complete the
work/perform the services constituting the Project described in Exhibit A attached hereto and incorporated
herein by reference, including performance in accordance with the Project Schedule included in Exhibit A.
GRANTEE shall be solely responsible for managing, securing and contracting with third parties, supervising,
and completing the work/services relating to the Project, and nothing in this Agreement shall be construed to
create an employee, agent, partner or joint venture relationship with the County, and the GRANTEE is and
shall remain at all times an independent contractor. Any work/services performed by the GRANTEE not
authorized in the Project description or Project Schedule shall be solely at the GRANTEE's expense and shall
not be eligible for funding as provided in paragraph 2 herein, Any change in the description of the Project or
Project Schedule shall take effect only upon the execution of a written amendment to this Agreement.
2. FUNDING. The COUNTY agrees to fund the sum of not to exceed $125,000 for the Project
(Grant Funding Award") and shall have no obligation to contribute any sum beyond this maximum amount.
The GRANTEE agrees to fund all remaining costs or sums due for the improvements to be completed by
GRANTEE, including all costs in excess of the anticipate total costs. The GRANTEE will manage the Project
and either pay, or incur the obligation for, all Project costs prior to requesting grant funds from the COUNTY.
The COUNTY will reimburse the GRANTEE for all approved costs upon receipt of a payment request from the
GRANTEE in accordance with the following procedures:
A. GRANTEE must submit a Grant Payment Request with all required documentation
and Certification from GRANTEE's Project Manager in the form attached hereto as Exhibit B,
B. In the event GRANTEE does not either complete the Project or payor incur the
obligation to pay Project costs in an amount equal to the Grant Funding Award, prior to the termination of this
Agreement as provided in paragraph 5 herein, any Grant Funding Award sums not disbursed to Grantee are
Item # 12
Attachment number 1
Page 1 of 1
hereby deobligated, and shall not be paid to GRANTEE unless the term of this Agreement is extended in
writing by mutual agreement of the County and Grantee.
3. PROJECT MANAGER AND NOTICES. Each party hereby designates the person set forth
below as its respective Project Manager. Project Managers shall be each party's prime contact person.
Notices or reports shall be sent to the attention of each party's Project Manager by U.S. mail, postage paid, to
the parties' addresses as set forth below:
Project Manager for the COUNTY:
Joseph Lupardus
Parks & Recreation Operations Mgr.
Pinellas County Parks & Recreation Department
631 Chestnut Street
Clearwater, FL 33756
Project Manager for the GRANTEE:
Felicia Leonard
Administrative Support Manager
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33756
Any changes to the above representatives or addresses must be provided to the other party in writing.
4. CANCELLATION.
A. Pinellas County reserves the right to cancel this Agreement, without cause, by giving
(30) days written notice to the GRANTEE of its election to cancel pursuant to this provision.
B. Failure of the GRANTEE to comply with any of the provisions of this Agreement shall
be considered a material breach, and shall be cause for immediate termination of the Agreement upon written
notice to the GRANTEE.
C. Notwithstanding any other provision herein, in the event that sufficient budgeted funds
are not available for a new fiscal period, the County shall notify the GRANTEE of such occurrence and the
Contract shall terminate on the last day of the then current fiscal period without penalty or expense to the
COUNTY.
5. CONTRACT PERIOD. The term of this Agreement shall commence on the Effective Date and
shall remain in effect one (1) year, unless it is terminated or amended as provided herein.
6. PROJECT RECORDS AND DOCUMENTS. Grantee shall, upon request, permit the County
to examine or audit all Project related records and documents during or following completion of the Project.
Grantee shall provide a complete set of copies of all Project records to the County within 60 days of the
completion of the Project. Grantee shall maintain all such records and documents for at least three (3) years
following completion of the Project. All records and documents generated or received by either party in
relation to the Project are subject to the Public Records Act in Chapter 119 F. S,
7. PROCUREMENT REQUIREMENTS. To the extent the Project involves construction or
installation of improvement to real property or the acquisition of equipment, GRANTEE shall observe a
competitive process to secure contractors, subcontractors and suppliers for the performance of work as
authorized herein, which shall at a minimum include soliciting no less than two written price quotations from
prospective bidders or proposers, except for in-kind contributions of commodities or services or when there is
only one practicable or reasonable source for the commodity or service. County shall have the right to audit
the competitive process to ensure adequate competition and a proper audit trail. Grantee shall maintain all
procurement records with Project records and documentation as provided in paragraph 6 herein.
8. INDEMNIFICATION. The GRANTEE shall indemnify, pay the cost of defense, including
attorney's fees, and hold harmless the County from all suits, actions or claims of any character brought on
account of any injuries or damages received or sustained by any person, persons, or property by or from the
said GRANTEE; or by, or in any way relating to or arising from the Project; or on account of any act or
omission, neglect or misconduct of the GRANTEE; or by, or on account of, any claim or amounts recovered
2
Item # 12
Attachment number 1
Page 1 of 1
under the Workers' Compensation Law or of any other laws, by-laws, ordinance, order or decree, except only
such injury or damage as shall have been occasioned by the sole negligence of the County.
9. PUBLIC RELATIONS. Public relations efforts shall be conducted to announce, promote, and
build support for the Project. Acknowledgment of grant funding shall be integral to the public relations effort,
and shall at a minimum, include the posting of signage acknowledging the Grant Funding Award as approved
by the County, in substantially the form attached as Exhibit C.
10. CONSTRUCTION LIENS; MAINTENANCE.
A. To the extent the Project involves the construction or installation of improvements to real
property owned by the County, Grantee shall promptly pay all charges for labor, services and materials used in
connection with said improvements. Construction liens against County property arising out of Project work
performed by or for Grantee are expressly prohibited and in the event of the filing of any Claim of Lien,
Grantee shall promptly satisfy same or transfer it to a bond, and take any further action as is necessary to
protect the County's interest in the real property.
B, Grantee shall at all times be responsible for maintaining, repairing and/or replacing any
Project improvements or equipment funded by the Grant Funding Award.
11. LAW COMPLIANCE. Grantee shall comply with all applicable federal, state and local laws,
rules, regulations and guidelines, relative to performance under this Agreement.
12. ASSIGNMENT. Neither party may assign or transfer its rights or obligations under this
Agreement, including any operation or maintenance duties related to the Project, without the written consent of
the other party.
13. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
14. DISCRIMINATION. In carrying out this Agreement, the Grantee shall not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person because of race, color, religion,
sex, national origin, family status or handicap.
15. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and
may be amended only in writing, signed by all parties to this Agreement.
16. INDEPENDENT CONTRACTOR! PROJECT CONTRACTORS. Nothing in this Agreement will
be construed to create, or be implied to create, any relationship between the COUNTY and any contractor,
subcontractor or supplier on the Program, and at all times Grantee is and shall remain an independent
contractor and not an agent of the County.
<SIGNATURE PAGE FOllOWS>
3
Item # 12
Attachment number 1
Page 1 of 1
IN WITNESS WHEREOF, the parties herein have executed this Agreement on the day and year set
forth next to their signatures below.
PINELLAS COUNTY, FLORIDA
By and through its County Administrator
City of Clearwater
By: See Attached Signature Page
Stephen M. Spratt
PRINT NAME
By:
(Attesting Witness' name/title)
TITLE
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
(Corporate Seal)
ATTEST:
Office of the County Attorney
By:
(Attesting Witness' name/title)
APPROVED AS TO FORM:
Office of the County Attorney
4
Item # 12
Attachment number 1
Page 1 of 1
CITY OF CLEARWATER SIGNATURE PAGE TO:
GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWATER
AND
PINELLAS COUNTY
Cou ntersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
L~Sk~~
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 12
Attachment number 1
Page 1 of 1
Exhibit A
07REC003
SCOPE OF WORK
COUNTRYSIDE COMMUNITY PARK
The City of Clearwater proposes to provide enhancements to the city park, located at
2640 Sabal Springs Drive, Clearwater, Florida.
Enhancements shall include:
· Renovate exiting playground, picnic facilities, basketball court and exercise trail.
· Construct a new restroom/storage/concession building
GRAND TOTAL
$ 125,000
The Project Schedule shall be the term of this Agreement. All work is to be completed
within the contract period.
Item # 12
Attachment number 1
Page 1 of 1
Exhibit B
City of Clearwater - 07REC003
GRANT PAYMENT REQUEST FORM
Request No._
TO: Pinellas County Parks and Recreation Department
Attn: Joseph Lupardus, Parks and Recreation Operations Manager
631 Chestnut Street
Clearwater, FL 33756
Pursuant to the Grant Funding Contract dated
, the undersigned
("Grantee") hereby requests payment of the following amounts of the Grant Funding Award:
I. Itemization Of Payments Requested By Grantee In This Request:
(attach supporting documents, such as contractor, subcontractor or supplier, contracts and/or invoices;
contractor/architect/engineer certificates)
II.
Total Amount Requested herein:
$
III. Funding Recap:
Total Grant Funding Award $
Amount of Previous Payments $
Amount of this Request $
Remaining Grant Funding Award Available $
CERTIFICA TION
The undersigned,
, as the
(Name - please print)
of GRANTEE, does hereby certify that the program services 0 other
itemized in this
payment request has been completed and/or (describe) provided by the GRANTEE, and is necessary of the
completion of the Program as defined in the Grant Funding Agreement.
By:
Date:
(Signature)
Item # 12
Specifications for Recreation Grant Fundina Recoanition Sians
Grant Funding
Provided by Pinellas Coun
Board of County Commissiol
(Not to Scale)
Notes:
Sian Characteristics:
1. Verbiage shall be centered on sign.
2. First line shall read: Grant Funding
Material:
Aluminum .024 thick,
3. Second line shall read: Provided by Pinellas County
Sign Length: 18 inches
4. Third line shall read: Board of County Commissioners
Sign Height: 6 inches
5. Background color is white, lettering is black
Lettering:
% inch black vinyl
6. Lettering shall be case sensitive, not all capitals
Letter Font: Arial
7. Each word (except by and of) shall be capitalized
Item # 12
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a Contract (Blanket Purchase Order) in the amount of $225,000 to Wingfoot Commercial Tire of Clearwater, FL for the
purchase of tires that will be used by all Departments using City vehicles during the contract period September 1, 2007 through
August 31, 2008, in accordance with Code or Ordinances Sec 2.564 (1)( d) - Florida State Contract 863-000-06-1 and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
This blanket purchase order covers various types and sizes of tires that fit automotive, truck and heavy equipment. This is a
piggyback of Florida State Contract 863-000-06-1
Type:
Current Year Budget?:
Purchase
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$225,000
Annual Operating Cost:
Total Cost:
9/1/07 to 8/31/08
Appropriation Code Amount
566-06611-550700-519-000 $225,000
Appropriation Comment
BPO
Bid Required?: No
Florida State
Contract #863-
000-06-1
Bid Number:
Other Bid / Contract:
Bid Exceptions:
None
Review Approval: 1) Clerk
Cover Memo
Item # 13
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Approve and convey to Florida Gas Transmission Company, a Delaware corporation ("Grantee"), a non-exclusive Perpetual Gas
Transmission Pipeline Easement containing 2,756 square feet, more or less, and two ten-month Temporary Construction
Easements containing a total of 11,646 square feet, more or less, over, under and across portions of the West V2 of Section 8,
Township 29 South, Range 16 East, in consideration of receipt of $30,112.50 and Grantee's faithful compliance with the terms and
conditions established therein, and authorize appropriate officials to execute same. (consent)
SUMMARY:
Florida Gas Transmission Company ("FGT") has determined the necessity to replace a l2-inch gas transmission line along a 6 mile
traverse of Pinellas County from Oldsmar through Clearwater.
The project proposes to abandon an existing line lying beneath the steep embankment of the U. S. 19 overpass of the CSX right -of-
way. The new alignment would extend along the westernmost boundary of Cliff Stephens Park from the CSX line to the Pinellas
County Public Works facility.
The perpetual easement is 10 feet wide and would extend just outside U. S. 19 right-of-way for approximately 277 feet inside the
westerly limits of Cliff Stephens Park. The two temporary construction easements that will provide workspace for personnel,
equipment and material to facilitate installation of the new pipeline generally covers a park clearing through which the Clearwater
Ream Wilson Trail ("Trail") passes.
During the project FGT will be permitted to interrupt public use of the Trail for a total of not more than 21 days: a 14 consecutive
day span during which the new pipeline will be direction ally drilled and installed, and a second 7 consecutive day period to allow
connection of the existing pipeline with the newly installed line. During the closures FGT must post precautionary signs at both
Old Coachman Road and Fairwood Avenue notifying the public of the interruptions. Other than the two specified periods the Trail
is to remain safely open for public transit throughout the project.
The $30,112.50 consideration FGT will pay for the subject easements was determined by a February 14,2007 appraisal performed
by the Haynes Appraisal Group of Clearwater. Delivery of the easement instruments to FGT is conditioned upon receipt of the
stated consideration.
Revenue received will be recorded as Other General Fund (369901) revenue.
A copy of easement documentation is available for review in the Office of Official Records and Legislative Services.
Review Approval: 1) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 4
Return to:
Paulette U. Trepl
Right of Way Department
Florida Gas Transmission Company, LLC
1226 Tech Boulevard
Tampa, Florida 33619
TRACT NO: FLBVA-PINE-016.4
Parcell. D. No. 08-29-16-00000-230-0300
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the
sufficiency and receipt of which is hereby acknowledged, and the benefits to be derived therefrom, the
CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantor"), does hereby grant
and convey to FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability
company, with principal offices at 5444 Westheimer Road, Houston, Texas 77056 ("Grantee"),
perpetual, non-exclusive easement over, under and across the following described land lying and being
situate in the County of Pinellas, State of Florida, to wit:
A portion of the Northwest % of Section 8. Township 29 South. RanQe 16 East.
Clearwater. Pinellas County. Florida; beinQ more particularlv described and
depicted in EXHIBIT "A" appended hereto and bv this reference made a part
hereof.
ContaininQ 2.756 square feet (0.06 Acres). more or less ("Easement ")
This Easement is conveyed to Grantee to construct, maintain, operate, inspect, repair, replace,
patrol, change the size of or remove a natural gas transmission pipeline ("Pipeline") and the surface
and subsurface appurtenances thereto, including, but not limited to, markers, vents, cathodic protection
equipment, facilities and apparatus, piping and fittings, fences or other protective devices, which are
necessary in connection with the safe and efficient installation, operation and maintenance of the
Pipeline.
Prior to commencing project construction, Grantee shall provide Grantor true and correct
Pipeline construction plans for Grantor's review and approval, which shall not be unreasonably
withheld. Grantee shall be solely responsible for accurately surveying, locating and functionally
reconstructing and relocating any and all of Grantor's utilities constructed within the Easement that
may conflict with Grantee's facilities. Grantee shall obtain all governmental and regulatory permits
required to exercise the rights granted herein.
Grantee shall have the right and option to operate the Pipeline facilities for its own use or to
lease, sell or assign any or all of the capacity of the Pipeline or the rights thereto. Nothing herein shall
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT - 1 -
Item # 14
Attachment number 1
Page 2 of 4
be construed as granting an interest to third parties and Grantee shall indemnify and remain fully liable
to Grantor for all claims whatsoever that may arise as a result of the use of Grantee's pipeline capacity
as described above.
During construction, and in accordance with plans provided to and approved by Grantor,
Grantee shall bury the Pipeline to provide a minimum ground cover of thirty-six inches (36"), except in
rock, where a minimum ground cover of twenty-four inches (24") will be provided. Grantee shall
maintain such ground cover following any maintenance or future replacement of the Pipeline, unless
Grantor agrees otherwise. Grantor covenants with Grantee that Grantor shall not reduce the depth of
ground cover following construction or replacement.
Grantee covenants and agrees with Grantor that Grantee shall at all times during the exercise
of rights conveyed herewith, except as provided hereafter, maintain safe and reasonable public access
and transit to all users of the Ream Wilson Clearwater Trail ("Trail") as same shall traverse and
encumber the Easement. Exceptions:
(a) Grantee shall have the right and privilege of limiting or closing public access and transit
to all users of the Trail ("Closure") for a total of twenty-one (21) days during the term of the Temporary
Construction Easement ("TCE") granted of even date herewith. Closure shall be limited to a single
interruption or Closure of fourteen (14) days for the purpose of drilling and installing the Pipeline, and
for a later Closure period of seven (7) days for the purposes of connecting the existing Pipeline to the
newly installed Pipeline. Public access and transit over and across the Trail shall otherwise be safely
maintained at all other times, except in provided in (c) below.
(b) During Closure as provided above, Grantee shall post precautionary signs at the Trail's
intersections with Old Coachman Road and Fairwood Avenue advising the public of Trail Closure
beyond those intersections. The precautionary signs shall specify the true and correct beginning and
end dates of each closure as provided above.
In any instance public safety and welfare demands emergency repair of the Pipeline,
Grantee shall always and in every case take all reasonable measures to protect and assure
uninterrupted safe and reasonable use of the Trail by the general public.
Grantee covenants and agrees with Grantor that at all times during the exercise of rights
granted herein Grantee shall hold harmless and indemnify Grantor against all claims, liabilities,
expenses and losses as may be incurred arising out of or related to this grant of Easement, including
but not being limited to (a) failure by Grantee, or its agents, to perform any provision, term, covenant or
agreement required to be performed by Grantee in consideration of this grant of Easement; (b) any
occurrence of injury, damage or death to persons, including third parties, and personal or real property,
including any and all of Grantor's utility infrastructure as same is or may be lawfully constructed within,
upon and under lands within which Grantor and Grantee utility infrastructure may be collocated
throughout the project limits; (c) failure to comply with any requirements of any governmental authority,
bonding or insuring company; (d) any security agreement, conditional bill of sale, chattel mortgage,
mechanics liens connected with Grantee's activities and operations undertaken pursuant to this
Easement grant; and (e) any and all improvements, their construction, alteration, maintenance, repair
or replacement within and through the Easement and throughout the project limits. Such covenants to
hold harmless and indemnify Grantor shall include reasonable attorneys fees for all proceedings, trials
and appeals as may result from Grantee default. Nothing herein shall be construed as consent by
Grantor to be sued by third parties or as a waiver of Sovereign Immunity or the terms and limitations of
768.28, Florida Statutes or other applicable law.
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT - 2 -
Item # 14
Attachment number 1
Page 3 of 4
Subject to Grantee's rights herein conveyed, Grantee, at Grantee's sole cost and expense,
shall restore the surface of all disturbed areas within the Easement to original contour and condition, as
near as reasonably practical, not later than completion of any work project undertaken within the
Easement in the exercise of rights granted herein. It is expressly understood that Grantor reserves all
rights of ownership of the easement premises not inconsistent with the easement rights granted herein.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein
described Easement, and that Grantor has full right and lawful authority to grant and convey this
easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment
of this Easement.
This Easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns.
The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the
written mutual agreement of both parties, or by abandonment of the Easement by Grantee.
IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly
executed this day of , 2007.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard, Mayor
William B. Horne, II, City Manager
Approved as to form:
Attest:
Laura Lipowski, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA :
: SS
COUNTY OF PINELLAS :
Before me, the undersigned authority, personally appeared FRANK V. HIBBARD, Mayor
of the City of Clearwater, Florida, who is personally known to me, and who acknowledged the
execution hereof to be his free act and deed for the use and purposes herein set forth.
My commission expires:
Notary Public - State of Florida
Type/Print Name
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT - 3 -
Item # 14
Attachment number 1
Page 4 of 4
STATE OF FLORIDA
: SS
COUNTY OF PINELLAS :
Before me, the undersigned authority, personally appeared WilLIAM B. HORNE, II, the
City Manager of the City of Clearwater, Florida, who is personally known to me, and who
acknowledged thee execution hereof to be his free act and deed for the use and purposes herein set
forth.
My commission expires:
Notary Public - State of Florida
Type/Print Name
PERPETUAL GAS TRANSMISSION PIPELINE EASEMENT - 4 -
Item # 14
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TEMPORARY CONSTRUCTION EASEMENTS #1 AND #2
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PERPETUAL PIPELINE EASEMENT
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8;
THENCE SOO'52'48'W, ALONG THE WESTERLY BOUNDARY OF THE
NORTHWEST % OF SAID SECTION 8. A DISTANCE OF 2369,38
FEET; THENCE LEAVING SAID WEST BOUNDARY S89'07'12'E, A
DISTANCE OF 120.00 FEET TO THE EAST RIGHT OF WAY LINE OF
US HIGHWAY 19; AND THE POINT OF THE BEGINNING; THENCE
CONTINUING S89'07'12'E, A DISTANCE OF 10.00 FEET; THENCE
S02'50'42'E, A DISTANCE OF 141.99 FEET; THENCE S02'37'33""'.
A DISTANCE OF 134.46 FEET TO THE NORTHERLY LINE OF THE
PINELLAS COUNTY PROPERTY; THENCE N89'30'42'W, ALONG SAID
NORTHERLY LINE, A DISTANCE OF 9.96 FEET; THENCE LEAVING
SAID LINE, N02'3T33'E, A DISTANCE OF 134.11 FEET; THENCE
N02'50'42"W, A DISTANCE OF 142.41 FEET, TO THE POINT OF
BEGINNING. CONTAINING 2756 SQUARE FEET OR 0.06 ACRES.
MORE OR LESS.
PERPETUAL PIPELINE EASEMENT
CITY OF CLEARWATER, FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
Attachment number 4
Page 1 of 1
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Attachment number 5
Page 1 of 5
Instrument Prepared Bv and Return To:
Paulette Trepl
Right of Way Department
Florida Gas Transmission Company
1226 Tech Blvd.
Tampa, Florida 33619
Grantee:
Florida Gas Transmission Company
5444 Westheimer Road
Houston, Texas 77056
Parcel I. D. No. 08-29-16-00000-230-0300
TRACT NO. FLBVA-PINE-016.1WS
TEMPORARY CONSTRUCTION EASEMENT
STATE OF FLORIDA
)(
)( KNOW ALL MEN BY THESE PRESENTS:
)(
COUNTY OF PINELLAS
THAT the Undersigned, City of Clearwater, a municipal corporation of the State
of Florida, hereinafter referred to as the "Grantor," being the owner of that certain
tract of land situated in the County of Pinellas, State of Florida and more
particularly described in Exhibit "A" and depicted in Exhibit "A-1" attached hereto,
hereinafter referred to as the "Lands", for and in consideration of the sum of Ten
Dollars ($10.00), and other good and valuable consideration as established in
that transmittal dated March 14, 2007, to be paid by FLORIDA GAS
TRANSMISSION COMPANY, a Delaware corporation, hereinafter referred to as
"Grantee", prior to the delivery hereof, the sufficiency of which is hereby
acknowledged, has GRANTED, SOLD and CONVEYED, and does hereby
GRANT, SELL and CONVEY to Grantee, its successors and assigns, the non-
exclusive right, privilege and easement to utilize the Lands as described and
depicted herein for the purpose of temporary working space during the initial
construction and installation and replacement of a natural gas pipeline to be
constructed and installed in accordance with plans and specifications of
Grantee's project entitled "Replacement of 12-inch S1. Petersburg Lateral",
Docket No. CP06-429-000 ("Project"), hereinafter referred to as the
"Construction Easement".
TEMORARY CONSTRUCTION EASEMENT
- 1 -
Item # 14
Attachment number 5
Page 2 of 5
For the same consideration, Grantor and Grantee further agree with respect to
the Construction Easement that:
(a) The rights herein granted shall include the right of ingress to, and egress
from, and access on and along the Lands, with the right to use existing roads. If
no such roads exist then by such route or routes as shall occasion the least
practicable damage and inconvenience to Grantor.
(b) Grantee will pay for any damages to the growing crops, grasses, trees,
shrubbery, unrepaired water courses, water impoundments, fences, and all other
property and infrastructure of Grantor caused by the construction, installation
and replacement of Grantee's natural gas pipeline and the exercise of the rights
granted herein.
(c) Grantee will restore the surface of all disturbed areas on the Lands to its
original contour as nearly as practicable, the damage to which shall have been
occasioned by Grantee's construction, installation and replacement of the natural
gas pipeline on the lands and the exercise of the rights granted herein.
(d) Grantee may displace any gopher tortoises found within the Construction
Easement to another location on the Lands, or the gopher tortoises may be
displaced off-site (e.g., to a temporary holding pen), and returned as near to their
original location as practicable after construction is completed, in accordance
with applicable law. Grantee shall secure any permits required for the relocation
or other handling of said gopher tortoises.
(e) The rights of Grantee under the provisions of this instrument may be
assigned in whole or in part. Any assignee shall be subject to, and fully liable for
all terms and conditions of the Agreement.
(f) Grantor represents that easement to utilize the Lands shall commence on
August 3, 2007 and terminate on June 3, 2008, or upon project completion,
whichever shall occur sooner.
(g) Grantor does hereby fully warrant the title to the Lands and will defend the
same against the lawful claims and demands of all persons whomsoever.
(h) Exhibit "A" and Exhibit "A-1" are attached hereto and by this reference are
made a part hereof for all purposes.
(i) Grantee covenants and agrees with Grantor that Grantee shall at all times
during the exercise of rights herein conveyed, fully comply with and fulfill the
requirements described in the Perpetual Gas Transmission Pipeline Easement
("Perpetual Easement") Grantor conveyed of even date herewith to maintain safe
and reasonable public access and transit for all pedestrian and non-motorized
vehicular use of Grantor's Ream Wilson Clearwater Trail as same may be
TEMORARY CONSTRUCTION EASEMENT
- 2-
Item # 14
Attachment number 5
Page 3 of 5
constructed within any portions of the herein described lands or the Perpetual
Easement. Public access and transit may be limited or interrupted for project
purposes for a total of twenty-one (21) days during the term hereof as more
specifically provided in the Perpetual Easement.
U) Grantee further covenants and agrees that Grantee shall hold harm less
and indemnify Grantor against all claims, liabilities, expenses and losses arising
out of or related to this grant of easement, including but not being limited to (a)
failure by Grantee, or its agents, to perform any provision, term, covenant or
agreement required to be performed by Grantee in consideration of this grant of
temporary easement; (b) any occurrence of injury, damage or death to persons,
including third parties, and personal or real property, including any and all of
Grantor's utility infrastructure as same may be constructed within the Lands or its
appurtenances, and as same may be lawfully constructed within, upon and under
lands within which Grantor and Grantee utility infrastructure may be collocated
throughout the Project limits; (c) failure to comply with any requirements of any
governmental authority, bonding or insuring company; (d) any security
agreement, conditional bill of sale, chattel mortgage, mechanics liens connected
with Grantee's activities and operations undertaken pursuant to this temporary
easement grant; and (e) any and all improvements, their construction, alteration,
maintenance, repair, replacement with and through the easement premises and
throughout the Project limits. Such covenants to hold harmless and indemnify
Grantor shall include reasonable attorneys fees for all proceedings, trials and
appeals as may result from Grantee default. Nothing herein shall be construed
as consent by Grantor to be sued by third parties or as a waiver of Sovereign
Immunity or the terms and limitations of 768.28, Florida Statutes or other
applicable law.
(k) This instrument incorporates and describes all of the grants, undertakings,
conditions and consideration of the parties. Grantor, in executing and delivering
this instrument, represents that Grantor has not relied upon any promises,
inducements or representations of Grantee or its agents or employees, except as
are set forth herein.
This instrument and the benefits and obligations herein contained shall inure to
the benefit of and be binding and obligatory upon Grantor and the successors
and assigns of Grantor and upon Grantee and the successors and assigns of
Grantee.
TO HAVE AND TO HOLD unto Grantee, it successors and assigns, together
with the right of ingress to and egress from the Perpetual Gas Transmission
Pipeline Easement and adjacent easements of Grantee for the purpose of
constructing and installing the pipeline and appurtenances thereto in accordance
with Project plans and specifications.
DATED THIS
day of
,2007.
TEMORARY CONSTRUCTION EASEMENT
- 3-
Item # 14
Attachment number 5
Page 4 of 5
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Frank V. Hibbard, Mayor
William B. Horne, II, City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 2007 by Frank V. Hibbard, Mayor of the City of Clearwater, who
is personally known to me.
My commission expires:
Notary Public - State of Florida
Print/Type Name
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 2007 by William B. Horne, II, City Manager of the City of
Clearwater, who is personally known to me.
My commission expires:
Notary Public - State of Florida
Print/Type Name
TEMORARY CONSTRUCTION EASEMENT
- 4-
Item # 14
Attachment number 5
Page 5 of 5
EXHIBIT "A"
Attached to and made a part of that certain
TEMPORARY CONSTRUCTION EASEMENT dated , 2007
Conveyed by the CITY OF CLEARWATER, as Grantor,
to FLORIDA GAS TRANSMISSION COMPANY, as Grantee
DESCRIPTION OF LANDS
PARCELS OF LAND SITUATED IN THE WEST % OF SECTION 8, TOWNSHIP
29 SOUTH, RANGE 16 EAST, PINELLS COUNTY, FLORIDA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Temporary Construction Easement #1
Commencing at the Northwest corner of said Section 8; thence SOoo52'48"W,
along the westerly boundary of the Northwest % of said Section 8, a distance of
2369.38 feet; thence leaving said West boundary S8900T12"E, a distance of
129.99 feet to the East right-of-way line of U. S. Highway 19 and the POINT OF
BEGINNING; thence S02050'42"W, a distance of 142.41 feet; thence
S0203T33"W, a distance of 15.15 feet; thence N8900T 12"W, a distance of 8.79
feet to the aforementioned East right-of-way of U. S. Highway 19; thence
NOoo52'50"E along said right-of-way, a distance of 157.25 feet to the POINT OF
BEGINNING.
Containing 793 square feet or 0.02 acres, more or less.
Temporary Construction Easement #2
Commencing at the Northwest corner of said Section 8; thence SOoo52'48"W,
along the westerly boundary of the Northwest % of said Section 8, a distance of
2369.38 feet; thence leaving said West boundary S8900T12"E, a distance of
120.00 feet to the East right-of-way line of U. S. Highway 19, and the POINT OF
BEGINNING; thence NOoo52'52"E, along said East right-of-way, a distance of
9.12 feet; thence leaving said East right-of-way S81 o05'39"E, a distance of 19.34
feet; thence S13028'58"E, a distance of 41.37 feet; thence S88048'33"E, a
distance of 69.75 feet; thence SOoo52'50"W, a distance of 122.96 feet; thence
N89005'59"W, a distance of 80.40 feet; thence N0203T33"E, a distance of 15.32
feet; thence N02050'42"W, a distance of 141.99 feet; thence N8900T12"W, a
distance of 1 0.00 feet to the POINT OF BEGINNING.
Containing 1 0,853 square feet or 0.25 acres, more or less.
TEMORARY CONSTRUCTION EASEMENT
- 5-
Item # 14
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Approve agreement with Pennington, Moore, Wilkinson, Bell, and Dunbar, P.A. to provide lobbying services at the state level
from 10/1/2007 to 9/30/2012 at a cost of $4,000 per month, plus expenses estimated not to exceed $4,800 per year and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
Lobbying services are needed to assist the City in pursuing funding and favorable legislation at the state level. An RFP (Request
for Proposal) was released to select a provider of these services. Responses were received from the Pennington Law Firm, Gomez-
Barker Assoc., Becker & Poliakoff, and Axela, Government Relations LLC. The evaluation committee of the City Clerk, Assistant
City Manager, Finance Director, and City Attorney reviewed the written proposals on July 9, 2007. Presentations from the
Pennington Law Firm, Gomez-Barker, and Becker & Poliakoff were scheduled for July 18,2007. The committee determined the
Pennington Law Firm to be the most responsive to the criteria established in the RFP. Selection criteria were: Overall Quality of
work plan, Experience, Qualifications of Team, Reference Reports, and Cost of Services. The Pennington Law Firm has been the
City's state lobbyist since 1999 and the City has been satisfied with their services. Pennington proposes the same rate as the
previous five year contract.
Annual costs for this contract will be included in the Official Records and Legislative Services Operating budgets under
appropriation code 010-09700-530100-513-000. The agreement may be cancelled at any time with 30 days advance notice.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Operating Expenditure
No
Budget Adjustment:
None
Annual Operating Cost:
Total Cost:
$52,800
$264,000
2008 to 2013
Appropriation Code
010-09700-5301 00-513-000
Amount
264,000
Appropriation Comment
not to exceed $264,000
Bid Required?:
Other Bid 1 Contract:
Review Approval: 1) Clerk
Yes
RFP 30-
07
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 15
Attachment number 1
Page 1 of 4
STATE LOBBYING SERVICES AGREEMENT
THIS AGREEMENT is made on the day of August, 2007, by and between
the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 33758,
(the "City") and the law firm of PENNINGTON, MOORE, WILKINSON, BELL &
DUNBAR, P.A., P. O. Box 10095, Tallahassee, Florida 32302 ("Consultant").
WITNESSETH:
WHEREAS, City issued a Request for Qualifications from Consultant to provide
State Lobbying Services, attached as Exhibit A; and
WHEREAS, Consultant agrees to provide State Lobbying Services to the City as
described in Consultant's Qualifications Submittal proposal, attached as Exhibit B;
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS CONSULTANT. Consultant is
hereby authorized under the terms and conditions of this Agreement to provide State
Lobbying Services to City as described in Exhibits A and B. The estimated allocation of
time for said Services is reflected on the Addendum in Exhibit C.
SECTION 2. SCOPE OF SERVICES. Consultant shall keep City informed and
active in the state legislative process by working with City staff to advocate the City's
position regarding issues before the state legislature and various state agencies.
Consultant agrees to organize a lobbying team led by Peter M. Dunbar, Martha
Edenfield, Tom Lewis, and Marc Dunbar which shall include all the resources of the
individual lobbyists of the consultant's firm to assist and represent the City on issues
which shall include, but are not limited to the following:
A. Strategic governmental relations program development and planning;
B. Lobbying and advocacy before administrative agencies;
C. Proactive issue identification and management;
D. Timely assessment of information which may affect the City;
E. Legislative monitoring and lobbying;
F. Regulatory agency representation;
G. Assessment of budgetary and regulatory issues;
H. Regular updates on City-related issues;
Item # 15
Attachment number 1
Page 2 of 4
I. Administrative Branch representation; and
J. Issue Analysis
SECTION 3. LOBBYING TEAM. It is understood and agreed between the City
and Consultant that the lobbying team shall consist of three members and that
responsibility for organization and leadership of the lobbying team will fall upon Peter
Dunbar, Martha Edenfield, and Marc Dunbar, but the consultant team will include all of
the resources of the Consultant's individual lobbyists. The City reserves the right in its
absolute discretion to cancel this Agreement if either Peter Dunbar, Martha Edenfield, or
Marc Dunbar is not responsible for the organization and leadership of the lobbying
team.
SECTION 4. TERM. The term of this Agreement shall be from October 1, 2007
through September 30, 2012.
SECTION 5. PROFESSIONAL FEES FOR SERVICES. The City and Consultant
agree to an annual flat fee for state lobbying services of Forty Eight Thousand Dollars
($48,000). Consultant shall bill City Four Thousand Dollars ($4,000) per month. Special
projects before executive agencies that are not included in the Scope of Services will be
agreed to in advance and billed separately at an hourly rate not to exceed $250.00 per
hour as approved by the City Manager. Expenses shall not exceed 10% of the contract
amount per year.
SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses as determined by
the City Manager without markup, for long distance calls and facsimiles, copying or
reproducing documents, postage, court costs, parking costs and travel incurred by
Consultant in performance of the duties hereunder. Travel and per diem costs as well
as automobile travel expenses shall not exceed that which is available to City of
Clearwater employees. Expenses shall not exceed $4,800.00 per year.
SECTION 7. INDEMNIFICATION AND INSURANCE. Consultant agrees to
protect, defend, indemnify and hold the City and its officers, employees and agents free
and harmless from and against any and all losses, penalties, damages, settlements,
costs, charges, professional fees or other expenses or liabilities of every kind and
character arising out of or due to any negligent act or omission of Consultant or its
employees in connection with or arising directly or indirectly out of this Agreement
and/or the performance hereof. Without limiting its liability under this Agreement,
Consultant shall procure and maintain during the life of this Agreement professional
liability insurance in a minimum amount of one million dollars ($1,000,000.00). This
provision shall survive the termination of this Agreement.
2
Item # 15
Attachment number 1
Page 3 of 4
SECTION 8. CONFLICT OF INTEREST. It is understood by the City and
Consultant that Consultant is not aware of any clients of the firm that currently present
any direct conflict between the interests of the City and other clients of Consultant. If
any potential conflict of interest arises during the time Consultant is representing the
City, Consultant will promptly inform the City. In that event, Consultant and City shall
agree upon a lobbyist to represent the City on any issue in conflict and agree upon the
appropriate fee for said services, which shall be deducted from Consultant fee. With
regard to those clients which the Firm began representing after the City of Clearwater's
initial representation, all conflicts would be resolved in favor of the City of Clearwater.
SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and
Consultant.
SECTION 10. COMPLIANCE WITH RECYCLED PAPER ORDINANCE.
Consultant agrees to comply with the City's Recycled and Recyclable Products
Ordinance Sec. 2.601 which states the following:
A. All reports submitted to the City shall use recycled paper when it is
available at a reasonable price and of satisfactory quality to meet contractual
performance standards. For the purposes of this paragraph, the price of recycled paper
shall be considered "reasonable" if its cost is no more than ten percent higher than the
lowest price offered for non-recycled paper.
B. All reports submitted to the City shall use both sides of paper
sheets whenever practical.
C. Consultant shall be responsible for maintaining records
documenting usage of recycled paper for reports submitted to the City in fulfillment of
contractual obligations. Consultant shall submit such records to the City according to
procedures to be established by the Purchasing Manager.
SECTION 11. CANCELLATION OF AGREEMENT. Either party may cancel this
Agreement for any reason upon thirty (30) days advance written notice to the other
party. In the event of cancellation, Consultant shall immediately cease work hereunder
and shall be reimbursed for eligible and documented reimbursable expenses incurred
prior to the date of cancellation.
SECTION 12. ATTORNEYS FEES. In the event that either party seeks to
enforce this Agreement through attorneys at law, then the parties agree that each party
shall bear its own costs and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
3
Item # 15
Attachment number 1
Page 4 of 4
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement
as of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank Hibbard, Mayor
William B. Home, II, City Manager
Approved as to form:
Attest:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
PENNINGTON, MOORE, WILKINSON,
BELL & DUNBAR, P.A.
Peter M. Dunbar, President
4
Item # 15
Attachment number 2
Page 1 of 1
EXHIBIT "C"
CONTRACT ADDENDUM
By mutual consent of the parties hereto and consistent with the enactment of revisions
to Sections 11.045 and 112.3215 and related provisions of the Florida Statutes during
the 2005-B Special Session of the Legislature, the contract with Pennington, Moore,
Wilkinson, Bell & Dunbar, P.A. ("Pennington") is revised to identify the services and the
compensation for said services in the following categories:
1. LobbvinQ before the LeQislature: The client and Pennington agree that
the portion of time and services under the Agreement that is to be devoted to
influencing or attempting to influence legislative action or non-action through oral or
written communication or attempting to obtain the goodwill of members of the
Legislature and employees of the Legislature shall be equal to fifty percent (50%) of the
total time and services to be provided under this Agreement. The annual compensation
to be paid for these services shall be $24,000.00.
2. LobbvinQ before the Executive Branch: The client and Pennington
agree that the portion of time and services under the Agreement that is to be devoted to
influencing or attempting to influence an agency with respect to a decision of the agency
in the area of policy through oral or written communication or attempting to obtain the
goodwill of an agency official or employee shall be equal to twenty five percent (25%) of
the total time and services to be provided under this Agreement. The annual
compensation to be paid for these services shall be $12,000.00.
3. Other Non-LobbvinQ Services: The client and Pennington agree that
the portion of time and services under the Agreement to be devoted to non-lobbying
services for the client, its members and employees, including, but not limited to,
educational written and oral offerings and briefings, legal research, election
demographic analysis, attendance at meetings of the client and related travel,
intergovernmental communications with local governments and local government
associations and the preparation of written opinions and reports for the client, shall be
equal to twenty five percent (25%) of the total time and services to be provided under
this Agreement. The annual compensation to be paid for these services shall be
$12,000.00.
Except as modified hereby, the terms and conditions of the contract with
Pennington, Moore, Wilkinson, Bell and Dunbar, P.A., are ratified and confirmed to be
effective this day of August, 2007.
PENNINGTON, MOORE, WILKINSON,
BELL & DUNBAR, P.A.
CITY OF CLEARWATER
Peter M. Dunbar
Cynthia E. Goudeau, CMC
City Clerk/Legislative Liaison
Item # 15
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Approve nominating the following for Florida League of Cities Excellence Awards: Frank Hibbard as Mayor of the Year, Margie
Simmons as Finance Officer of the Year, Pam Akin as City Attorney of the Year and Duke Tieman as Citizen of the Year.
(consent)
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Authorize an increase of $100,000 to the monetary limit on the contract with the firm of Thompson Goodis for outside counsel
services related to representation in Crouch v. City of Clearwater et ai, Case No. 93-2860-CI -21. (consent)
SUMMARY:
The City has been involved in litigation relating to a claim of Excessive Force against Chief Sid Klein and former Police Officer
Robert P. Milliron regarding an incident that occurred on August 16, 1991 during which John Crouch was shot and killed by
Officer Milliron.
The City Commission approved outside counsel services for the defense this case on November 8, 1993.
The Plaintiffs have been extremely resistant to mediation, arbitration, settlement or any resolution of this case short of trial. This
case has been set for trial three times in the last year. In January 2006 it was continued to the March 2006 docket. At jury
selection in March 2006, the court struck the entire jury panel after making unsolicited comments regarding Officer Milliron,
which were inadmissible at a civil trial. The case was then rescheduled for the July 10,2006 docket.
A new judge was assigned to the case, which required the rehearing of all of the prior motions in the case, as well as redeposing all
witnesses. In addition, the new judge bifurcated the case, so there will be two trials on the different claims instead of one trial. The
first trial began on July 16,2007.
An additional budget of $100,000 is estimated for the defense of this case for both trials.
Funding for this contract is available within the City Attorney's professional services budget.
Type:
Current Year Budget?:
Operating Expenditure
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
100,000
Annual Operating Cost:
Total Cost:
10012006 to 09302007
Appropriation Code
0010096005301005140000000
Amount
100000
Appropriation Comment
Review Approval: 1) Clerk
Cover Memo
Item # 17
Meeting Date:8/2/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of Transportation to install
natural gas mains during improvement project, FPN: 257l55-l-56-03/Pinellas County, SR688 (Ulmerton Road) from just East of
119 Street to just West of the Seminole Bypass Canal, at an estimated cost of $271,500.00, and adopt Resolution 07-19.
SUMMARY:
The Florida Department of Transportation (FDOT) has a project to widenlimprove SR688 (Ulmerton Road) from just East of 119
Street to just West of the Seminole Bypass Canal including roadway, sidewalk, other improvements, and utilities to include those
existing Clearwater Gas facilities which conflict with the design.
Under the Utility Work By Highway Contractor Agreement (UWBHC), the State of Florida's Department of Transportation
general contractor will perform the relocation of existing natural gas mains.
Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows for work to be
done in a timely manner and releases Clearwater Gas System from penalty payments.
Funding for this agreement is available in capital project 315-96365, Line Relocation/Maintenance, Pinellas.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Capital expenditure
Yes
Budget Adjustment:
None
$271,500
$271,500
10/01106 to 09/30107
Annual Operating Cost:
Total Cost:
$271,500
Appropriation Code
315-96365
Review Approval: 1) Clerk
Amount
$271,500
Appropriation Comment
Cover Memo
Item # 18
Attachment number 1
Page 1 of 1
RESOLUTION NO. 07-19
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE EXECUTION OF A UTILITY
WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION REGARDING RELOCATION OF
NATURAL GAS MAINS FOR THE IMPROVEMENT
PROJECT FOR STATE ROAD SR688 (ULMERTON ROAD)
FROM EAST OF 119 TO WEST OF SEMINOLE BYPASS
CANAL.; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FDOT) has a
project to widen/improve State Road 688 (Ulmerton Road) from 119 to West of
Seminole Bypass Canal including roadway, sidewalk, other improvements and utilities
to include those existing Clearwater Gas System facilities which conflict with the design;
and
WHEREAS, under the Utility Work By Highway Contractor Agreement, the
FDOT's general contractor will perform the relocation of existing natural gas mains; and
WHEREAS, having FDOT's general contractor relocate the natural gas mains
allows for the work to be done in a timely manner and releases Clearwater Gas System
from penalty payments; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Joint Project
Agreement between the City and the State of Florida Department of Transportation,
identified as Utility Work By Highway Contractor Agreement, Financial Project ID
257155-1-56-03, a copy of which is attached as Exhibit A.
Section 2. The City Council hereby authorizes the Mayor and City Manager to
sign the Utility Work By Highway Contractor Agreement described in this resolution and
associated documents.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2007.
Frank Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
. Item # 18
Resolution No. 06-U;;
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 2
Page 1 of 9
Form No. 710-010-22
UTILITIES
10104
Financial Project ID: 257155-1-56-03 Federal Project ID:
County: Pinellas State Road No.: 688
District Document No:
Utility Agency/Owner (UAO): Clearwater Gas System, Inc.
THIS AGREEMENT, entered into this day of , year of , by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and
Clearwater Gas System, Inc., hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or
publicly owned rail corridor, said project being identified as SR 688 (Ulmerton Road) East of 119 to W of Seminole
Bypass Canal, State Road No.: 688, 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 FDOT 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 FDOT'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 FDOT
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 June, year of 2007.
b. The Plans Package shall be in the same format as the FDOT'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 FDOT's Utility Accommodation Manual
and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and
the FDOT's contract documents for the Project. If the FDOT'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 FDOT's guidelines on preparation of technical special provisions and shall not
Page 1 of 9
Item # 18
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 2
Page 2 of 9
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: Post III DesiQn priorto Phase IV
DesiQn submittal. Priorto submission of the proposed Plans Package for review at these 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: To be submitted at a later date.
(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 forthe 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 1Q days from the date that the UAO is notified
Page 2 of 9
Item # 18
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 2
Page 3 of 9
Form No. 710-010-22
UTILITIES
10104
of the bid amount. Unless this election is made, the Utility Work shall be performed as part of 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 forthe 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 $277,150.00. At such time as the FOOT prepares
its official estimate, the FOOT shall notify the UAO of the amount of the official estimate forthe 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 U_1J 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
Page 3 of 9
Item # 18
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 2
Page 4 of 9
Form No. 710-010-22
UTILITIES
10104
Utility Work during the construction of the Project (the Contingency Fund).
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.
rgJ as provided in the attached Memorandum of Agreement between UAO, FOOT and the
State of Florida, Department of Financial Services, Division ofTreasury. 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
Item # 18
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 2
Page 5 of 9
Form No. 710-010-22
UTILITIES
10104
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 omissions 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
determines that removal is necessary for FOOT use of the right of way or in the event that the FOOT
Page 5 of 9
Item # 18
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 2
Page 6 of 9
Form No. 710-010-22
UTILITIES
10104
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 at no 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 anywork with its own forces or through contractors and seek repayment forthe cost
thereof under Section 337.403(3), Florida Statutes.
b. In the 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 of 9
Item # 18
Attachment number 2
Page 7 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10104
(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 FDOT 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 FDOT 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
FDOT 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 FDOT or any of its officers, agents, or employees during the
performance of this Agreement.
When the FDOT 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 FDOT will immediately forward the claim to the
UAO. The UAO and the FDOT 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 FDOT
will determine whether to require the participation of the UAO in the defense of the claim orto require the UAO
to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a
claim shall not release the UAO from any of the requirements of this section. The FDOT 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 FDOT 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 FDOT or said parties may be
subject, except that neither the UAO, its agents, employees, or contractors will be liable underthis section for
damages arising out of the injury or damage to persons or property directly caused by or resulting from the
negligence of the FDOT 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 FDOT's option, to participate
and associate with the FDOT 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 FDOT'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
Item # 18
Page 7 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 2
Page 8 of 9
Form No. 710-010-22
UTILITIES
10104
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 forthe 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:
Bruce H. Griffin - 727-562-4900x7423
Clearwater Gas System
400 S. Myrtle Avenue
Clearwater, Florida 33755
If to the FOOT:
Mr. John Kubler
11201 N. McKinley Drive -7- 820
Tampa, FL 33612
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
Item # 18
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 2
Page 9 of 9
Form No. 710-010-22
UTILITIES
10104
You MUST signify by selecting or checking which of the following applies:
D No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
~ 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: Clearwater Gas System, Inc.
BY:(SiQnature)
DATE:
(Typed Name: See Appendix)
(Typed Title:
Recommend Approval by the District Utility Office
BY: (Siqnature)
DATE:
FDOT Legal review
BY: (SiQnature)
DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (SiQnature)
DATE:
(Typed Name: Scott W. Collister P.E..)
(Typed Title: Director of Transportation Development)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
DATE:
(Typed Name: _)
(Typed Title: _)
Page 9 of 9
Item # 18
Attachment number 3
Page 1 of 2
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this ___, day of ,2007,
by and between the State of Florida, Department of Transportation, hereinafter referred to
as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury
and (Clearwater Gas System) hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "FDOT" is currently constructing the following project:
Financial Project Number: 257155-1-56-03
County: Pinellas
hereinafter referred to as the "Project".
NOTE: ONLY THE NEXT TWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE
WITHOUT PRIOR APPROVAL OF FDOT'S COMPTROLLER.
WHEREAS, FDOT 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 FDOT 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 FDOT.
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 $271,500 (Two Hundred One Thousand
and 500 Dollars) will be made by the Participant into an interest bearing escrow account
established by the FDOT 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 FDOT upon receipt of this Memorandum of
Agreement. Such account will be an asset of FDOT.
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.
Item # 18
Attachment number 3
Page 2 of 2
3. All deposits shall be made payable to the Department of Financial Services,
Revenue Processinq and mailed to the FDOT Office of Comptroller for appropriate
processing at the following address:
Florida Department of Transportation
Office of Comptroller
3717 Apalachee Parkway, Suite B
Mail Station 24
Tallahassee, Florida 32311
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 FDOT's 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 FDOT.
7. The Department of Financial Services further agrees to provide periodic
reports to the FDOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
FEDERAL EMPLOYER J.D. NUMBER
Item # 18
APPENDIX
State of Florida Department of Transportation
UTILITY WORK BY IllGHWAY CONTRACTOR AGREEMENT
CHANGES TO FORMS DOCUMENT
FPlD: 257155-1-56-03
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
By:
William B. Home, II
City Manager
Frank Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Attachment number 4
Page 1 of 1
Item # 18
Attachment number 5
Page 1 of 1
Hap
rf,;c'l'r
Item # 18
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Continue Declaring Mediterranean Village Tract 5 Surplus to a date uncertain.
SUMMARY:
Meeting Date:8/2/2007
Review Approval: 1) Clerk
Cover Memo
Item # 19
SUBJECT 1 RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:8/2/2007
Review Approval: 1) Clerk
Cover Memo
Item # 20
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Supervised Minors in Recreation Centers.
SUMMARY:
Meeting Date:8/2/2007
Review Approval: 1) Clerk
Cover Memo
Item # 21
SUBJECT 1 RECOMMENDATION:
Other Council Action
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:8/2/2007
Review Approval: 1) Clerk
Cover Memo
Item # 22