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City Council Agenda
Location: Council Chambers - City Hall
Date: 10/4/2007- 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. Presentations
4.1 Check Presentation from Countryside Little League. Presented by Rodney Surette, League President.
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4.2 Proclamation: Ruth Eckerd Hall 25th Anniversary Season - Robert Freedman
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4.3 Proclamation: National Arts and Humanities Month - Margo Walbolt, Parks and Rec
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4.4 Proclamation: National Community Planning Month
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4.5 Proclamation: Fire Prevention Week
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4.6 Proclamation: Public Natural Gas Week
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4.7 Sportsman Awards
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5. Approval of Minutes
5.1 Approve the minutes of the September 20, 2007 City Council Meeting, the August 2 and September 25,
2007 Attorney Client Sessions as submitted in written summation by the City Clerk
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6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7.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
7.1 Award a contract to Oakhurst Construction Company Inc., Bid 06-0036 of Seminole Florida, for
$688,990, (which includes base bid, alternates 2 and 4 and 10% contingency), for the renovation of the
Clearwater Armory located at 708 North Missouri A venue and transfer $600,000 of Penny for Pinellas
funds as a first quarter amendment to CIP 315-93248; and transfer $10,076.49 of Penny funds from CIP
315-93252 EC Moore Batting Tunnels at first quarter to CIP 315-93248 and close project.
@) Attachments
8. Second Readings - Public Hearing
8.1 Adopt Ordinance No. 7852-07 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to change the land use designation for certain real property whose post
office address is 1520 South Prospect Avenue, from Institutional to Residential Urban.
@) Attachments
8.2 Adopt Ordinance No. 7853-07 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 1520 South Prospect Avenue, from Institutional (I) to
Medium Density Residential (MDR).
@) Attachments
8.3 Adopt Ordinance No. 7856-07 on second reading, annexing certain real property whose post office
address is 2949 Sunset Point Road into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
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8.4 Adopt Ordinance No. 7857-07 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 2949 Sunset Point Road, upon annexation into the City of Clearwater, as Residential Low.
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8.5 Adopt Ordinance No. 7858-07 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 2949 Sunset Point Road, upon annexation into the City
of Clearwater, as Low Medium Density Residential (LMDR).
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8.6 Adopt Ordinance No. 7859-07 on second reading, annexing certain real property whose post office
address is 2951 Sunset Point Road into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
@) Attachments
8.7 Adopt Ordinance No. 7860-07 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 2951 Sunset Point Road, upon annexation into the City of Clearwater, as Residential Low.
@) Attachments
8.8 Adopt Ordinance No. 7861-07 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 2951 Sunset Point Road, upon annexation into the City
of Clearwater, as Low Medium Density Residential (LMDR).
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8.9 Adopt Ordinance No. 7862-07 on second reading, annexing certain real property whose post office
address is 2790 Morningside Drive into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
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8.10 Adopt Ordinance No. 7863-07 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 2790 Morningside Drive, upon annexation into the City of Clearwater, as Residential Low.
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8.11 Adopt Ordinance No. 7864-07 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 2790 Morningside Drive, upon annexation into the City
of Clearwater, as Low Medium Density Residential (LMDR).
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8.12 Adopt Ordinance No. 7868-07 on second reading, amending the operating budget for the Fiscal Year
ending September 30, 2007 to reflect increases and decreases in revenues and expenditures for the
General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater
Utility Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Marine and Aviation Fund, Parking Fund,
Harborview Fund, Garage Fund, and Central Insurance Fund.
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8.13 Adopt Ordinance No. 7869-07 on second reading, amending the Capital Improvement Budget for the
Fiscal Year ending September 30, 2007, to reflect a net increase of $5,086,545.
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8.14 Adopt Ordinance 7886-07 on second reading amending the Election Code to provide for the General
Election in 2008 and every 4 years thereafter to be held in conjunction with the Presidential Preference
Primary.
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City Manager Reports
9. Consent Agenda
9.1 Award a contract to RFP Depot, Provo, Utah, to provide procurement process service for the City, and
authorize appropriate officials to execute same. (consent)
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9.2 A ward a contract to State of Florida, Department of Management Services, Tallahassee, Florida - Sun com
long distance service, State AIN lines, Toll free lines, and ISDN lines during the period October 1,2007
to September 30, 2008 at a cost not to exceed $207,300 and authorize the appropriate offcials to execute
same. (consent)
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9.3 Award a contract (purchase order) to Oracle USA Inc., Chicago, Illinois during the period October 1,
2007 through September 2008 at a cost not to exceed $187,000 and authorize the appropriate officials to
execute same. (consent)
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9.4 Award a contract to Sprint/Nextel, Los Angeles, California - Cellular/radio and Treo service during the
period October 1,2007 to September 30,2008 at a cost not to exceed $214,160, under State Contract 12-
00115 and authorize the appropriate officials to execute same. (consent)
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9.5 Award a contract (purchase order) to Verizon, Florida, Inc. Saint Petersburg, Florida - Telephone service
including frame relay internet service, Tl 's, Centranet trnnks, directory advertising, and credit/collect calls
during the period October 1,2007 through September 30,2008, at a cost not to exceed $470,730 and
authorize the appropriate officials to execute same. (consent)
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9.6 Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December 1,2007
to November 30, 2008, a one year period, for the collection of daily parking fees at Seminole Launch
Ramp for twenty-five percent (25%) of fees collected and authorize the appropriate officials to execute
same. (consent)
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9.7 Approve a three-year Partnership and Operational Support Agreement from October 1,2007 - September
30,2010, between the City of Clearwater and The Bethany Education and Human Services Program, Inc.,
for the use and supervision of the Holt A venue Youth Center located at 1250 Holt Avenue and authorize
the appropriate officials to execute same. (consent)
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9.8 Award a contract to Grosz and Stamper Construction Company, Inc. of Tampa, Florida for the sum of
$506,371.80 and approve a change order deduct in the amount of $109,996.80 for a net contract amount
of $396,375 for the construction of a restroom/storage/concession building at Countryside Recreation
Complex authorize the appropriate officials to execute same. (consent)
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9.9 Award a contract for landscape and irrigation of a portion of SR 60 on Memorial Causeway to Garden
World of Holiday, Inc. of Dade City, Florida, in the amount of $164,605.58 which includes base bid and a
10% contingency and authorize the apprpriate offficials to execute same. (consent)
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9.10 Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of operations in
the amount of $97,000. (consent)
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9.11 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida
providing for the continuation of the School Resource Officer program at Clearwater High School,
Countryside High School, Kennedy Middle School and Oak Grove Middle School for a one-year period
commencing July 1,2007, through June 30, 2008 and authorize the appropriate officials to execute same.
(consent)
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9.12 Approve the transfer of $19,712.95 received from Clearwater Housing Authority (CHA) for payment in
lieu of taxes (PILOT Funds) to the Clearwater Homeless Intervention Project, Inc. (CHIP), and the
allocation of $19,712.95 from the General Fund retained earnings. (consent)
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9.13 Approve the renewal of a contract with the Pinellas County Sheriff's Office, Largo, Florida for latent
fingerprint and crime scene services, including evidence and property storage, during the contract period
October 1,2007, through September 30,2008, at a cost of $516,565.75 and authorize the appropriate
officials to execute same. (consent)
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9.14 Approve acceptance of a FY 2007-08 Justice Assistance Grant - Countywide (JAG) in the amount of
$32,225 from the Florida Department of Law Enforcement (FDLE) for a Red Light Running - In-Car
Video Enhancement Project - Year 2 (consent)
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9.15 Approve a Frequency Reconfiguration Agreement with Nextel South Corp. (Nextel), a wholly owned
indirect subsidiary of Sprint Nextel Corporation for the purpose of exchanging one 800MHz City of
Clearwater frequency from the expansion band at no cost to the City, declare the list of radios and
accessories listed in Schedule D of the agreement surplus to the needs of the City and authorize disposal
through an exchange with Nextel for new, later model equipment and authorize the appropriate officials to
execute same. (consent)
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9.16 A ward a contract by purchase order to Pinellas County Solid Waste for an operating expenditure of
$5,200,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the
period October 4,2007 through October 31,2008 as provided in the City's Code of Ordinances, Section
2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to
execute the same.(consent)
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9.17 Approve an Interlocal Agreement between the City of Clearwater and the City of Safety Harbor for three
years commencing October 1,2007 to receive, process and market Safety Harbor's recyclable
commodities and authorize the appropriate officials to execute the same. (consent)
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9.18 Award a contract for Clearwater Airpark Sewer Extension (06-0048-UT) to Kloote Contracting, Inc., of
Palm Harbor, Florida for the sum of $122,441.99 which is the lowest responsible bid received in
accordance with the plans and specifications and approve deductive Change Order 1 in the amount of
$11,440.00 for a new contract amount of $111,001.99 and that the appropriate officials are authorized to
execute same.(consent)
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9.19 Award a contract for the Pier 60 Storage Building (07-0033-EN) to Caladesi Constrnction Company of
Largo, Florida for the sum of $189,304.00 which is the lowest responsible bid received in accordance with
the plans and specifications and approve deductive Change Order 1 in the amount of $76,554.01 for, a
new contract amount of $112,750 and authorize the appropriate officials to execute same. (consent)
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9.20 Appoint Diana Shields to the Business Operating within the area category of the Enterprise Zone
Development Agency with the term expiring on October 31, 2011. (consent)
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9.21 Reappoint Douglas J. Williams to the Municipal Code Enforcement Board with the term expiring on
October 31,2010. (consent)
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10. Other items on City Manager Reports
10.1 Authorize a contract with Humana for health insurance under a fully insured funding arrangement for the
contract period of January 1,2008, to December 31,2008, at a total cost estimate of $16.3 million which
includes estimated City ($11.3 million), employee ($3.5 million), and retiree ($1.5 million) premiums.
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Miscellaneous Reports and Items
11. City Attorney Reports
11.1 Amend Ordinance No. 7769-07, which vacated three drainage and utility easements, one ingress/egress
easement and a portion of Osceola Avenue right-of-way and pass Ordinance 7883-07 on first reading.
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12. City Manager Verbal Reports
12.1 Follow up to allegations by Stewart Isreal (known as Greg Pound)re incident at Eddie C. Moore complex.
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13. Council Discussion Items
13.1 Process for City Manager and City Attorney Evaluations
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14. Other Council Action
14.1 Other Council Action
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15. Adjourn
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Check Presentation from Countryside Little League. Presented by Rodney Surette, League President.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation: Ruth Eckerd Hall2Sth Anniversary Season - Robert Freedman
SUMMARY:
Meeting Date: 10/4/2007
Review Approval: 1) Clerk
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation: National Arts and Humanities Month - Margo Walbolt, Parks and Rec
SUMMARY:
Meeting Date: 10/4/2007
Review Approval: 1) Clerk
Cover Memo
Item # 3
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation: National Community Planning Month
SUMMARY:
Meeting Date: 10/4/2007
Review Approval: 1) Clerk
Cover Memo
Item # 4
SUBJECT / RECOMMENDATION:
Proclamation: Fire Prevention Week
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/4/2007
Review Approval: 1) Clerk
Cover Memo
Item # 5
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation: Public Natural Gas Week
SUMMARY:
Meeting Date: 10/4/2007
Review Approval: 1) Clerk
Cover Memo
Item # 6
SUBJECT / RECOMMENDATION:
Sportsman Awards
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/4/2007
Review Approval: 1) Clerk
Cover Memo
Item # 7
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the minutes of the September 20, 2007 City Council Meeting, the August 2 and September 25, 2007 Attorney Client
Sessions as submitted in written summation by the City Clerk
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
CITY COUNCIL SPECIAL MEETING
CITY OF CLEARWATER
Closed Attorney/Client Session
August 2, 2007
The City Council of the City of Clearwater met in closed session at City Hall, Thursday,
August 2,2007, at 4:30 p.m., with the following members present:
Frank V. Hibbard
John Doran
Carlen Petersen
George N. Cretekos
Paul Gibson
William B. Horne II
Pamela K. Akin
Paul Richard Hull
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Assistant City Attorney
The Mayor called the meeting to order and announced a closed session would be held
for the purpose of discussing Water's Edge One, LLC, a foreign limited liability company, v.
City of Clearwater, a municipal corporation, and First Baptist Church of Clearwater, a
Florida not-for-profit corporation, Case No. 07-6588-CI-008, pending in the Circuit Court,
Sixth Judicial Circuit. This meeting is exempt from the provisions of the Sunshine Law.
The entire session was recorded by a certified court reporter and the transcript shall be
made part of the public record upon conclusion of the litigation.
The closed session adjourned at approximately 4:53 p.m.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Attorney-Client 2007-08-02
1
Item # 8
Attachment number 2
Page 1 of 1
CITY COUNCIL SPECIAL MEETING
CITY OF CLEARWATER
Closed Attorney/Client Session
September 25, 2007
The City Council of the City of Clearwater met in closed session at City Hall, Monday,
September 25,2007, at 10:00 a.m., with the following members present:
Frank V. Hibbard
John Doran
Carlen Petersen
George N. Cretekos
Paul Gibson
William B. Horne II
Pamela K. Akin
Paul Richard Hull
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Assistant City Attorney
The Mayor called the meeting to order and announced a closed session would be held
for the purpose of discussing Water's Edge One, LLC, a foreign limited liability company, v.
City of Clearwater, a municipal corporation, and First Baptist Church of Clearwater, a
Florida not-for-profit corporation, Case 07-6588-CI-008, pending in the Circuit Court, Sixth
Judicial Circuit. This meeting is exempt from the provisions of the Sunshine Law.
The entire session was recorded by a certified court reporter and the transcript shall be
made part of the public record upon conclusion of the litigation.
The closed session adjourned at approximately 10:32 a.m.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Attorney-Client 2007-09-25
1
Item # 8
Attachment number 3
Page 1 of 13
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
September 20, 2007
Unapproved
Present:
Frank Hibbard
John Doran
Carlen Petersen
George N. Cretekos
Paul Gibson
Also present:
William B. Horne II
Joe Roseto
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
Interim Assista
Assistant City
City Attorney
City Clerk
Board Reporte
The Mayor called the meeting to order at 6:00 p.m.
offered by Reverend Glad McCurtain from S1. John's
Pledge of Allegiance.
To provide continuity for research, it
necessarily discussed in that order.
4. Presentations
4.1
ack on the Pinellas
istoric Preservation Task
: September 15 - October 15, 2007.
owment for the Arts: October 2007.
tember 6 2007 Cit Council Meetin as submitted in
etersen moved to approve the regular minutes of September 6, 2007
s submitted in written summation by the City Clerk. The motion was duly
ried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Steve Sarnoff, CWA President thanked the Interim Human Resources Director for rapid
turnaround of health insurance RFPs (Request for Proposals); expressed concern with rising
premiums; encouraged accessing www.healthcarevoices.orq for information on current
health care issues.
Council 2007-09-20
1tem # 8
Attachment number 3
Page 2 of 13
Bill Jonson supported the use of CRA (Community Redevelopment Agency) funds for
fagade renovations of the old telephone building.
Stewart Israel (known as Greg Pound) expressed concern regarding an incident at Eddie
C. Moore Park; requested that the individual who twisted his arm be charged with battery.
Joe Evich, Coalition of Homeowners Association President, said th
a workshop at the Long Center next year regarding property rental an
Ric Orteqa, Neighborhoods Coalition, said the 2008 Living
Center will be held May 10-11,2008; information available at www.
Eva Kunowska read an excerpt from the St. Petersburg Time
Gibson; expressed concern regarding the Beach Visitor Center.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
to approve set
itallmproveme
7/08 Millage Rate,
gets. The motion was duly
t reading and read in full. Councilmember
nd reading. The motion was duly seconded
tersen, Cretekos, Gibson, and Hibbard.
was presented for first reading and read in full. Councilmember
ss Ordinance 7866-07 on second reading. The motion was duly
n roll call was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council 2007-09-20
Jtem # 8
Attachment number 3
Page 3 of 13
Ordinance 7867-07 was presented for first reading and read in full. Councilmember
Doran moved to pass Ordinance 7867-07 on second reading. The motion was duly seconded
and upon roll call was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
The Planning Department determined t
provisions of Community Developm e S
00-63 as follows: The subject prop rve City
and water. Collection of solid s already provide
within Police District III and I be administer
Mc d. Fire a gency medical
2681 C 'de Boulevard.
ste, police, fir
on public facilitie heir levels of service. The
romotes the following objective of the Clearwater
rban development within the urban service area
rwater Development Code,
"Nays": None.
This voluntary annexation petition involves a 0.16-acre prope
one parcel of land occupied by a single-family dwelling. It is locate
Point Road, approximately 520 feet west of the intersection of Sunse oin
Lake Road. The applicants are requesting this annexation' er to bring a
identified as 2949 Sunset Point Road, into the City. T located wi
It is proposed that the property be assigned a Futu esignation
Low (RL) and a zoning category of Low Medium DR).
category is consistent with the current
is property. This designation primarily permits residential
reo The proposed zoning district to be assigned to the
sity Residential (LMDR) District. The use of the subject
p ses allowed in the District as it is part of a larger parcel adjacent
to t nnexation is therefore consistent with the Countywide Plan, City's
Com Community Development Code. The property proposed for
annexa ithin an enclave and is within the City's urban service area; therefore the
annexati Istent with Section 6(1 )(b) of Pinellas County Ordinance 00-63 which governs
annexation meets the applicable requirements of Florida Statutes 171. The Pinellas
Planning Council (PPC) staff has reviewed this annexation and no objections were raised.
Councilmember Cretekos 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 consisting of a portion of 2949 Sunset Point Road
Council 2007-09-20
3tem # 8
Attachment number 3
Page 4 of 13
(consisting of a portion of metes and bounds 14/154 in Section 5-29-16. The motion was duly
seconded and carried unanimously.
Ordinance 7856-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7856-07 on first reading. The motion was
duly seconded and upon roll call was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7857-07 was presented for first reading and rea
Councilmember Petersen moved to pass Ordinance 7857-07 on firs
duly seconded and upon roll call was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hib
"Nays": None.
Ordinance 7858-07 was presented for first
Councilmember Doran moved to pass Ordinanc
seconded and upon roll call was:
"Ayes":
"Nays":
~es a 0.96-acre property consisting of one parcel
located on the south side of Sunset Point
ion of Sunset Point Road and Abbey Lake
ting this an ation in order to receive City sanitary sewer and
ed within an enclave. It is proposed that the property be
designation of Residential Low (RL) and a zoning category of
I (LMDR).
ent determined that the proposed annexation is consistent with
ity Development Code Section 4-604.E and Pinellas County
1I0ws: The subject property is seeking City of Clearwater sanitary sewer
aste. The property already has a City water account. The property is
located wit olice District III and service will be administered through the station located at
2851 N. McMullen-Booth Road. Fire and emergency medical services will be provided to this
property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity
to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The
property owner is aware of the need to make payment of sewer impact and assessment fees to
the City. 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
Council 2007-09-20
4tem # 8
Attachment number 3
Page 5 of 13
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
Development Code.
The proposed RL 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 5 units per acre.
The proposed zoning district to be assigned to the property is t
Residential (LMDR) District. The use of the subject property is con
in the District and the property exceeds the District's minimum lot s
requirements. The proposed annexation is therefore consistent wi
City's Comprehensive Plan and Community Development Code.
The property proposed for annexation is located within an enc
within the City's urban service area; therefore the annexation is con
of Pinellas County Ordinance 00-63 which governs annexation and m
requirements of Florida Statutes 171.
The annexation of this property reduces th
petitions for small parcels abutting this property
annexation of the small parcels, the enclave wil
(PPC) staff has reviewed this annexation and
Use Plan
dium
o portion of
nded and carried
or first reading ad by title only.
ance 7859-07 on first reading. The motion was
, Gibson, and Hibbard.
presented for first reading and read by title only.
ed to pass Ordinance 7860-07 on first reading. The motion was
call was:
Doran, Petersen, Cretekos, Gibson, and Hibbard.
None.
Council 2007-09-20
!item # 8
Attachment number 3
Page 6 of 13
Ordinance 7861-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7861-07 on first reading. The motion was duly
seconded and upon roll call was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
This voluntary annexation petition involves a 0.14-acre proper
of land occupied by a single-family dwelling. It is located on the no
approximately 60 feet east of Winwood Drive. The property is within en
contiguous to existing City boundaries. It is proposed that perty be as
Land Use Plan designation of Residential Low (RL) a tegory of L
Density Residential (LMDR).
and Use Plan category is consistent with the current
his property. This designation primarily permits residential
cre. The proposed zoning district to be assigned to the
p nsity Residential (LMDR) District. The use of the subject
pro e uses allowed in the District and the property exceeds the
Distri ional requirements. The proposed annexation is therefore consistent
with th an, City's Comprehensive Plan and Community Development Code. The
property for annexation is located within an enclave, is not contiguous to existing
municipal I:) daries but is within the City's urban service area; therefore the annexation is
consistent with Section 6(1 )(b) of Pinellas County Ordinance 00-63 which governs annexation
and meets the applicable requirements of Florida Statutes 171. The Pinellas Planning Council
(PPC) staff has reviewed this annexation and no objections were raised.
Council 2007-09-20
6tem # 8
Attachment number 3
Page 7 of 13
Councilmember Cretekos 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 2790 Morningside Drive (Lot 10, Winwood). The motion
was duly seconded and carried unanimously.
Ordinance 7862-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7862-07 on first readin Th
duly seconded and upon roll call was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hi
"Nays": None.
Ordinance 7863-07 was presented for first reading and read b
Councilmember Petersen moved to pass Ordinance 7863-07 on fir
duly seconded and upon roll call was:
"Ayes": Doran, Petersen, Cretekos, Gi
"Nays": None.
Ordinance 7864-07 was presented for f
Councilmember Doran moved to pa 'nan
seconded and upon roll call was:
n (FLUP) amendment and rezoning application involves
p tely 0.123 acre in area located on the west side of South
Pro tely 300 feet south of the intersection of Woodlawn Street and
Sout his property has a FLUP classification of Institutional (I) and a zoning
design onal (I). The applicant is requesting to amend the FLUP designation of
the site t Idential Urban (RU) classification and to rezone the property to the Medium
Density Re ntial (MDR) District in order to reestablish the use of the property for residential
purposes. There is an existing single family dwelling on the lot.
The Planning Department determined that the proposed future land use plan
amendment and rezoning amendment, as recommended, are consistent with the following
standards specified in the Community Development Code: The proposed land use plan
amendment and rezoning application are consistent with the Comprehensive Plan. The
Council 2007-09-20
ittem # 8
Attachment number 3
Page 8 of 13
proposed use is compatible with the surrounding area. Sufficient public facilities are available to
serve the property. The applications will not have an adverse impact on the natural
environment. In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. The application is a small-scale
amendment and review and approval by the Florida Department of Community Affairs is not
required. The Community Development Board reviewed these applications at its ublic hearing
on August 21, 2007 and unanimously recommended approval.
Councilmember Cretekos moved to approve a Future Land
the Institutional (I) Classification to the Residential Urban (RU) Cia
Amendment from the Institutional (I) District to the Medium Density
for property located at 1520 S. Prospect Avenue (consisting of Lots
C, Second addition to Belmont Subdivision. The motion was duly se
unanimously.
Ordinance 7852-07 was presented for first reading and read I) title
Councilmember Gibson moved to pass Ordinance 7852-07: . treading.
duly seconded and upon roll call was:
"Ayes": Doran, Petersen, Cretek
"Nays": None.
Ordinance 7853-07 was pr
Councilmember Petersen mo t
duly seconded and upon rol
9.3 A e a ment of insurance remiums for insurance olicies for an amount not to
exceed $625,000, with policy effective dates beqinninq durinq the time period October 1, 2007
to September 30, 2008. (consent)
9.4 Declare the list of vehicles and equipment surplus to the needs of the City and authorize
disposal throuqh sale to the hiqhest bidder at the Tampa Machinery Auction, Tampa, Florida,
and authorize the appropriate officials to execute same. (consent)
Council 2007-09-20
8tem # 8
Attachment number 3
Page 9 of 13
9.5 Request authorization in amount not to exceed $500,000, to pay Gallaqher Bassett
Services, Inc., for workers' compensation claims due and payable for the period October 1,
2007 to September 30, 2008, and that the appropriate officials be authorized to execute same.
( consent)
9.6 A rove a chan e to the Cit Council's Bud
Policy" as recommended by staff. (consent)
9.7
Libra
9.15 A e a work order to McKim and Creed P.A. in the amount of 893925 for
professional enqineerinq services related to the Water Treatment Plants 1 and 3 Wellfield
Expansion Proiect - Phase 2 - (07-0037-UT), and that the appropriate officials be authorized to
execute same. (consent)
9.16 Approve renewinq an Interlocal Aqreement for Planninq Services with the Pinellas
Planninq Council from September 30,2007 to October 1. 2010. (consent)
Council 2007-09-20
9tem # 8
Attachment number 3
Page 10 of 13
9.17 Authorize institutinq a civil action aqainst Line Corp., to recover $5,861.70 for damaqe to
City property. (consent)
9.18 Authorize institutinq a civil action aqainst McGeehan Construction, Inc., to recover
$5,102.26 for damaqe to City property. (consent)
9.19 Authorize institutin a civil action a ainst Metron Construction Com
$406.63 for damaqe to City property. (consent)
9.20 Authorize institutin a civil action a
for damaqe to City property. (consent)
9.21 Authorize institutin a civil action a ainst Steve's Excavatin
$487.97 for damaqe to City property. (consent)
9.22 Authorize institutin a civil action a ainst Traffic Control Prod
recover $3,483.21 for damaqe to City property. (consent)
Councilmember Doran moved to appro
appropriate officials be authorized t te s
carried unanimously.
10.
ets at
d Capital Improvement Budgets were adopted in
675-06. Section 2.521 of the City's Code of
re a quarterly report detailing income and
of significant variances, as well as the
projects.
ved to approve amending the City's fiscal year 2006/07
ent Budgets at third quarter. The motion was duly seconded
was presented for first reading and read by title only.
os moved to pass Ordinance 7868-07 on first reading. The motion was
upon roll call was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council 2007-09-20
10tem # 8
Attachment number 3
Page 11 of 13
Ordinance 7869-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7869-07 on first reading. The motion was
duly seconded and upon roll call was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
10.2
The maintenance agreement between the FDOT (Florida D
and the City of Clearwater approved by Council on November 2, 200
various state roadways in 26 cycles will expire on December 6,2007.
Legal staff has coordinated the scope of services with the FDOT re
subject to the terms and conditions as outlined in the maintenance a eem
services, designated sweeping locations, and method of c sation. FD
Agency Format requires conformance with the Manua affic Contr
(MUTCD). The Public Services Department has t ent to co
MUTCD, i.e. a shadow truck with an attenuator compens
services is based on miles of sweeping comple $40,876.9
(at $70.30 per mile). Operating costs to rovid ately $50
Councilmember Petersen
Transportation contract renew 0
Agreement FIN project 421
un
nd read by titl
rize the approp
was:
Ilmember Doran moved to
icials to execute same. The
s, Gibson, and Hibbard.
cellaneous Reports and Items
House Bill 537, passed during the 2007 State Legislative Session, moved the
Presidential Preference Primary from the second Tuesday in March to the last Tuesday in
January. The bill also included a provision allowing municipalities whose elections are
scheduled for March 2008 to move their elections to coincide with the Presidential Preference
Primary without having to amend their Charters.
Council 2007-09-20
11tem # 8
Attachment number 3
Page 12 of 13
Ordinance 7886-07 moves the 2008 general election and each subsequent election
occurring in a year that is a multiple of four to coincide with the Presidential Preference Primary.
The Ordinance also establishes the qualifying period as being from the first Friday in November
to the third Friday in November, providing the 14 days required by the bill.
If the Ordinance is adopted, Clearwater's 2008 general election will occur on January 29,
2008. The qualifying period for those wanting to run in this election will be from F 'day,
November 2 to Friday, November 16, 2007. Holding the election in conjun tion the
Presidential Preference Primary will save between $60,000 and $70,0 s suit'
higher voter turnout.
In response to a question, the City Attorney said the city or
should there be future legislative changes.
Councilmember Cretekos moved to approve amending the
the General Election in 2008 and every four years thereafter to be h
Presidential Preference Primary. The motion was duly seconded and carn
Ordinance 7886-07 was presented for first re
Councilmember Gibson moved to pass Ordinanc
duly seconded and upon roll call was:
"Ayes":
"Nays":
ort of staff during the
anagers and e als at the FLC (Florida
ted Clearwater on how it addressed proposed
on events in which they recently participated and reviewed
staff and volunteers who worked on Taste of Clearwater;
rk on the budget.
etersen thanked citizens who joined her for lunch; congratulated Mr. &
Cou cilmember Doran said the Clearwater Regional Chamber of Commerce had a
workshop regarding their legislative package. They will oppose use of transportation trust funds
to balance the budget.
Council 2007-09-20
1Jtem # 8
Attachment number 3
Page 13 of 13
Mavor Hibbard congratulated the Willa Carson Health Center's block party;
congratulated the Threshers on great season; will update Council regarding tomorrow's Tampa
Bay Regional Transportation Authority meeting.
14. Adjourn
The meeting adjourned at 7:28 p.m.
Mayor, City of
Attest:
City Clerk
Council 2007-09-20
13tem # 8
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract to Oakhurst Construction Company Inc., Bid 06-0036 of Seminole Florida, for $688,990, (which includes base
bid, alternates 2 and 4 and 10% contingency), for the renovation of the Clearwater Armory located at 708 North Missouri A venue
and transfer $600,000 of Penny for Pinellas funds as a first quarter amendment to CIP 315-93248; and transfer $10,076.49 of
Penny funds from CIP 315-93252 EC Moore Batting Tunnels at first quarter to CIP 315-93248 and close project.
SUMMARY:
On November 16, 2005 the City Council approved entering into a 50-year Lease Agreement with the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida (TIFF) for the property known as the Clearwater Armory located at 708 N.
Missouri A venue.
As stipulated in the Lease Agreement, and as submitted in the Management Plan to TIFF, the City will utilize the Armory for the
establishment and operation of an event support facility as well as other municipal and recreational based programs as needed.
While the two 1940 vintage steel and masonry buildings are in generally good condition, renovations are needed in order to make
the building functional as an events support facility. Currently the operations of the events section is spread out across the City in
four different locations both in city owned and leased facilities.
In the City's original Penny II list $3.1 million of the funds were set aside for the construction of a Parks & Recreation
infrastructure facility. This project has been abolished and replaced with the Armory renovation project.
This project was originally funded with $150,000 of Penny funds for design and preliminary costs in fiscal year 200512006; with
an additional $400,000 being anticipated in fiscal year 200612007 for the actual renovations.
The city received eight bids for this project and staff is recommending awarding the bid to Oakhurst Construction Company for
$688,990, which was the lowest bid.
Additional funds of $210,076.49 of Penny for Pinellas funds is being requested to cover the cost of construction. Funds will be
transferred as a first quarter amendment to the budget totaling $610,076.49
This contract is for the labor and materials to renovate the interior of the main Armory building. Additional work will be done by
staff to provide landscaping, fencing, park identification sign, parking and minor repairs to the small out-building.
Work will commence upon award and execution of the contract and will be completed within four months. Additional annual
operating expenses for utilities and building and maintenance costs of approximately $35,000 will be absorbed in the existing
Parks and Recreation budget from saving realized by not having to rent additional storage facilities and vacating of other City
properties. Six full time staff, various interns, part time employees and special event partners will work out of these facilities.
A copy of the contract is available for review in the Official Records and Legislative Services Department.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
Need to add $600,000 of Penny for Pinellas funding to this project.
Cover Memo
Item # 9
Current Year Cost:
$688,900
Annual Operating Cost:
$35,000
Not to Exceed:
For Fiscal Year:
Appropriation Code
315-93248
315-93248
315-93248
$688,900
2007 to 2008
Amount
$600,000
$10,076.49
$78,833.60
Total Cost:
$723,900
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
Yes
Appropriation Comment
Penny for Pinellas funds orig. for project to replace
maint. and storage facilities.
Transfer from CIP 315-93252
Existing funds in 315-93248
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 9
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Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7852-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the
city to change the land use designation for certain real property whose post office address is 1520 South Prospect A venue, from
Institutional to Residential Urban.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7852-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF SOUTH PROSPECT
AVENUE, APPROXIMATELY 300 FEET SOUTH OF THE
INTERSECTION OF WOODLAWN STREET AND SOUTH
PROSPECT AVENUE, CONSISTING OF LOTS ELEVEN AND
TWELVE, BLOCK C, SECOND ADDITION TO BELMONT
SUBDIVISION WHOSE POST OFFICE ADDRESS IS 1520
SOUTH PROSPECT AVENUE, FROM INSTITUTIONAL TO
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 as follows:
Property Land Use CateQorv
Lots 11 and 12, Block C, Second Addition From: Institutional
To Belmont Subdivision, according to map or
Plat thereof as recorded in Plat Book 6, Page 88, To: Residential Urban
Public Records of Pinellas County, Florida
(LUZ2007 -06003)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 10
Ordinance No. 7852-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7853-07 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose
post office address is 1520 South Prospect A venue, from Institutional (I) to Medium Density Residential (MDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7853-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF
SOUTH PROSPECT AVENUE, APPROXIMATELY 300 FEET
SOUTH OF THE INTERSECTION OF WOODLAWN STREET
AND SOUTH PROSPECT AVENUE, CONSISTING OF LOTS
ELEVEN AND TWELVE, BLOCK C, SECOND ADDITION TO
BELMONT SUBDIVISION WHOSE POST OFFICE ADDRESS IS
1520 SOUTH PROSPECT AVENUE, FROM INSTITUTIONAL (I)
TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Lots 11 and 12, Block C, Second Addition
To Belmont Subdivision, according to map or
Plat thereof as recorded in Plat Book 6, Page 88,
Public Records of Pinellas County, Florida
(LUZ2007 -06003)
ZoninQ District
From: Institutional (I)
To: Medium Density Residential
(MDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7852-07 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to s163.3189, Florida Statutes.
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 # 11
Ordinance No. 7853-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7856-07 on second reading, annexing certain real property whose post office address is 2949 Sunset Point
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 # 12
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7856-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 520
FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF A
PORTION OF METES AND BOUNDS 14/154 IN SECTION 5,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2949 SUNSET POINT ROAD, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVI 01 NG AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description
(ANX2007 -07016)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 12
Ordinance No. 7856-07
Attachment number 1
Page 2 of 2
Commence at the southeast corner of the northeast % of Section 5, Township 29 South,
Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a Point of
Beginning; thence continue west for a distance of 27.50 feet; thence travel north for a
distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed south
a distance of 250.53 feet to the Point of Beginning.
Item # 12
Ordinance No. 7856-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7857-07 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 2949 Sunset Point Road, upon annexation into
the City of Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 13
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7857-07
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 ON THE SOUTH SIDE OF
SUNSET POINT ROAD APPROXIMATELY 520 FEET
WEST OF ABBEY LAKE ROAD, CONSISTING OF A
PORTION OF METES AND BOUNDS 14/154 IN SECTION
5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2949 SUNSET POINT ROAD,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW (RL) PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
See attached legal description
(ANX2007 -07016)
Land Use Cateqorv
Residential Low (RL)
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. 7856-07.
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 # 13
Ordinance No. 7857-07
Commence at the southeast corner of the northeast X of
Section 5, Township 29 South, Range 16 East, Pinellas
County, Florida; thence travel West 511.32 feet for a Point of
Beginning; thence continue west for a distance of 27.50 feet;
thence travel north for a distance of 250.53 feet; thence travel
east a distance of 27.50 feet; thence proceed south a
distance of 250.53 feet to the Point of Beginning.
Ordinance No. 7857-07
Attachment number 1
Page 2 of 2
Item # 13
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7858-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office address is 2949 Sunset Point Road, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7858-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF SUNSET POINT ROAD
APPROXIMATELY 520 FEET WEST OF ABBEY LAKE
ROAD, CONSISTING OF A PORTION OF METES AND
BOUNDS 14/154 IN SECTION 5, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS
2949 SUNSET POINT 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
See attached legal description
(ANX2007 -07016)
Zoninq District
Low Medium Density Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7856-07.
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 # 14
Ordinance No. 7858-07
Attachment number 1
Page 2 of 2
Commence at the southeast corner of the northeast % of Section 5, Township 29 South,
Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a Point of
Beginning; thence continue west for a distance of 27.50 feet; thence travel north for a
distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed south
a distance of 250.53 feet to the Point of Beginning.
Item # 14
Ordinance No. 7858-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7859-07 on second reading, annexing certain real property whose post office address is 2951 Sunset Point
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 # 15
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7859-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 325
FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF METES
AND BOUNDS 14/15 IN SECTION 5, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2951
SUNSET POINT 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, FLORI DA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description
(ANX2007 -07017)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 15
Ordinance No. 7859-07
Attachment number 1
Page 2 of 2
Commence at the southeast corner of the northeast % of Section 5, Township 29 South,
Range 16 East, Pinellas County, Florida; thence run west 327 feet for a Point of
Beginning; thence continue west for a distance of 211.82 feet; thence travel north for a
distance of 250.53 feet; thence travel east a distance of 211.82; thence proceed south a
distance of 250.53 feet to the Point of Beginning.
LESS AND EXCEPT the following described parcels: Commence at the southeast corner
of the northeast % of Section 5, Township 29 South, Range 16 east, Pinellas County,
Florida; thence travel west 327 feet for a Point of Beginning; thence continue west for a
distance of 18.00 feet; thence travel north for a distance of 250.53 feet; thence travel east
a distance of 18.00 feet; thence proceed south a distance of 250.53 feet to the Point of
Beginning.
AND Commence at the southeast corner of the northeast % of Section 5, Township 29
South, Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a
Point of Beginning; thence continue west for a distance of 27.50 feet; thence travel north
for a distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed
south a distance of 250.53 feet to the Point of Beginning.
Item # 15
Ordinance No. 7859-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7860-07 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 2951 Sunset Point Road, upon annexation into
the City of Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7860-07
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 ON THE SOUTH SIDE OF
SUNSET POINT ROAD APPROXIMATELY 325 FEET
WEST OF ABBEY LAKE ROAD, CONSISTING OF METES
AND BOUNDS 14/15 IN SECTION 5, TOWNSHIP 29
SOUTH, RANGE 16 EAST, WHOSE POST OFFICE
ADDRESS IS 2951 SUNSET POINT ROAD UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (RL) PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
See attached legal description
(ANX2007 -07017)
Land Use Cateqorv
Residential Low (RL)
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. 7859-07.
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 # 16
Ordinance No.7860 -07
Commence at the southeast corner of the northeast X of
Section 5, Township 29 South, Range 16 East, Pinellas
County, Florida; thence run west 327 feet for a Point of
Beginning; thence continue west for a distance of 211.82 feet;
thence travel north for a distance of 250.53 feet; thence travel
east a distance of 211.82; thence proceed south a distance of
250.53 feet to the Point of Beginning.
LESS AND EXCEPT the following described parcels:
Commence at the southeast corner of the northeast X of
Section 5, Township 29 South, Range 16 east, Pinellas
County, Florida; thence travel west 327 feet for a Point of
Beginning; thence continue west for a distance of 18.00 feet;
thence travel north for a distance of 250.53 feet; thence travel
east a distance of 18.00 feet; thence proceed south a
distance of 250.53 feet to the Point of Beginning.
AND Commence at the southeast corner of the northeast X
of Section 5, Township 29 South, Range 16 East, Pinellas
County, Florida; thence travel West 511.32 feet for a Point of
Beginning; thence continue west for a distance of 27.50 feet;
thence travel north for a distance of 250.53 feet; thence travel
east a distance of 27.50 feet; thence proceed south a
distance of 250.53 feet to the Point of Beginning.
Ordinance No.7860 -07
Attachment number 1
Page 2 of 2
Item # 16
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7861-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office address is 2951 Sunset Point Road, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7861-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF SUNSET POINT ROAD
APPROXIMATELY 325 FEET WEST OF ABBEY LAKE
ROAD, CONSISTING OF METES AND BOUNDS 14/15 IN
SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESS IS 2951 SUNSET
POINT 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
See attached legal description
(ANX2007 -07017)
Zoninq District
Low Medium Density Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7859-07.
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 # 17
Ordinance No. 7861-07
Attachment number 1
Page 2 of 2
Commence at the southeast corner of the northeast X of Section 5, Township 29 South,
Range 16 East, Pinellas County, Florida; thence run west 327 feet for a Point of
Beginning; thence continue west for a distance of 211.82 feet; thence travel north for a
distance of 250.53 feet; thence travel east a distance of 211.82; thence proceed south a
distance of 250.53 feet to the Point of Beginning.
LESS AND EXCEPT the following described parcels: Commence at the southeast corner
of the northeast X of Section 5, Township 29 South, Range 16 east, Pinellas County,
Florida; thence travel west 327 feet for a Point of Beginning; thence continue west for a
distance of 18.00 feet; thence travel north for a distance of 250.53 feet; thence travel east
a distance of 18.00 feet; thence proceed south a distance of 250.53 feet to the Point of
Beginning.
AND Commence at the southeast corner of the northeast X of Section 5, Township 29
South, Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a
Point of Beginning; thence continue west for a distance of 27.50 feet; thence travel north
for a distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed
south a distance of 250.53 feet to the Point of Beginning.
Item # 17
Ordinance No. 7861-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7862-07 on second reading, annexing certain real property whose post office address is 2790 Morningside
Drive 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 # 18
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7862-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF MORNINGSIDE DRIVE, APPROXIMATELY 60
FEET EAST OF WINWOOD DRIVE, CONSISTING OF LOT 10,
WI NWOOD, WHOSE POST OFFICE ADDRESS IS 2790
MORNINGSIDE DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 10 of Winwood, according to the map or plat thereof as recorded in Plat Book
113, Pages 43-45, inclusive, Public Records of Pinellas County, Florida
(ANX2007 -07018)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 18
Ordinance No. 7862-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7863-07 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 2790 Morningside Drive, upon annexation into
the City of Clearwater, as Residential Low.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7863-07
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 ON THE NORTH SIDE OF
MORNINGSIDE DRIVE, APPROXIMATELY 60 FEET EAST
OF WINWOOD DRIVE, CONSISTING OF LOT 10,
WINWOOD, WHOSE POST OFFICE ADDRESS IS 2790
MORNINGSIDE DRIVE UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
Lot 10 of Winwood, according to the map or plat
thereof as recorded in Plat Book 113, Pages 43-45,
inclusive, Public Records of Pinellas County, Florida
(ANX2007 -07018)
Land Use Cateqorv
Residential Low (RL)
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. 7862-07.
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 # 19
Ordinance No. 7863-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7864-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office address is 2790 Morningside Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 20
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7864-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF MORNINGS IDE DRIVE,
APPROXIMATELY 60 FEET EAST OF WINWOOD DRIVE,
CONSISTING OF LOT 10, WINWOOD, WHOSE POST
OFFICE ADDRESS IS 2790 MORNINGS IDE DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 10 of Winwood, according to the map or plat
thereof as recorded in Plat Book 113, Pages 43-45,
inclusive, Public Records of Pinellas County, Florida
(ANX2007 -07018)
Zoninq District
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7862-07.
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 # 20
Ordinance No. 7864-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7868-07 on second reading, amending the operating budget for the Fiscal Year ending September 30, 2007
to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program
Fund, Water and Sewer Fund, Stormwater Utility Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Marine and Aviation Fund,
Parking Fund, Harborview Fund, Garage Fund, and Central Insurance Fund.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 21
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7868-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2007 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER
AND SEWER FUND, STORMWATER UTILITY FUND, GAS
FUND, SOLID WASTE FUND, RECYCLING FUND, MARINE
AND AVIATION FUND, PARKING FUND, HARBORVIEW
FUND, GARAGE FUND, AND CENTRAL INSURANCE FUND
AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2007, for operating
purposes, including debt service, was adopted by Ordinance No. 7674-06; and
WHEREAS, at the Third Quarter Review it was found that increases and decreases
are necessary in the total amount of $12,141,062 for revenues and $10,712,455 for
expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 7674-06 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2006 and ending September 30, 2007 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard, Mayor
Approved as to form:
Attest:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk Item # 21
55
Ordinance No. 7868-07
Attachment number 2
Page 1 of 2
EXHIBIT A
2006-07 BUDGET REVENUE
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
2006/07 2006/07 2006/07 2006/07 Amendment
General Fund:
Property Taxes 50,277,930 50,277 ,930 50,277,930 50,641,900 363,970
Franchise Fees 9,050,840 9,050,840 9,050,840 9,197,840 147,000
Utility Taxes 11,514,320 11,514,320 11,514,320 11,336,120 (178,200)
Licenses, Permits & Fees 4,046,110 4,046,110 4,156,11 0 4,810,000 653,890
Sales Tax 6,748,430 6,748,430 6,748,430 6,898,430 150,000
Communications Services Tax 6,549,460 6,549,460 6,549,460 6,829,460 280,000
Intergovernmental Revenues 11,374,130 11,374,130 11,374,130 13,242,690 1,868,560
Charges for Current Services 3,784,020 3,826,540 3,891,540 3,919,780 28,240
Fines & Forfeitures 836,000 836,000 836,000 836,000
Interest Income 719,000 719,000 719,000 1,503,000 784,000
Miscellaneous 1,208,880 1,208,880 1,246,230 1,047,780 (198,450)
Interfund Charges/Transfers In 15,793,580 17,341,942 17,341,942 17,501,942 160,000
Transfer from Surplus 0 996,023 1,613,023 1,228,481 (384,542)
Total, General Fund 121,902,700 124,489,605 125,318,955 128,993,423 3,674,468
Special Revenue Funds:
Special Development Fund 15,922,920 17,211,557 17,211,557 23,157,760 5,946,203
Special Program Fund 2,172,830 4,242,833 4,381,673 6,120,124 1,738,451
Local Housing Asst Trust Fund 1 ,241 ,270 1 ,241 ,270 1 ,241 ,270 1 ,241 ,270
Pinellas County Housing Trust Fund 0 0 945,000 945,000
Utility & Other Enterprise Funds:
Water & Sewer Fund 54,340,550 54,340,550 54,340,550 54,846,537 505,987
Stormwater Utility Fund 12,551,970 12,711,540 12,711,540 13,026,039 314,499
Solid Waste Fund 18,475,210 20,956,193 20,956,193 21,684,693 728,500
Gas Fund 50,206,760 51,630,580 50,295,720 49,317,440 (978,280)
Recycling Fund 2,685,700 2,685,700 2,768,971 3,190,771 421,800
Marine and Aviation Fund 3,945,720 4,056,095 5,256,095 4,768,575 (487,520)
Parking Fund 4,891,660 5,079,460 5,079,460 5,094,960 15,500
Harborview Center Fund 706,040 706,040 706,040 718,040 12,000
Internal Service Funds:
Administrative Services Fund 9,703,270 9,703,270 9,703,270 9,703,270
General Services Fund 4,202,510 4,202,510 4,202,510 4,202,510
Garage Fund 12,339,640 12,339,640 12,339,640 12,175,910 (163,730)
Central Insurance Fund 22,388,660 24,824,660 24,824,660 25,237,844 413,184
Total, All Funds 337,677,410 350,421,503 352,283,104 364,424,166 12,141,062
56
OrdiltePl"!l tt#82!3107
Attachment number 2
Page 2 of 2
EXHIBIT A (Continued)
2006-07 BUDGET EXPENDITURES
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
2006/07 2006/07 2006/07 2006/07 Amendment
General Fund:
City Council 288,860 294,810 294,810 294,810
City Manager's Office 1,269,520 1,262,950 1,153,950 1,153,950
City Attorney's Office 1,616,370 1,609,080 1,609,080 1,609,080
City Audit 156,500 155,550 155,550 158,050 2,500
Development & Neighborhood Svcs 4,136,700 4,116,740 4,226,740 4,174,168 (52,572)
Economic Development & Housing S 1,457,130 1,454,400 1 ,454,400 1,454,400
Equity Services 343,110 341 ,430 341,430 341 ,430
Finance 2,200,540 2,188,480 2,188,480 2,185,980 (2,500)
Fire 22,734,580 22,627,830 22,811,330 24,045,792 1 ,234,462
Human Resources 1,333,630 1 ,327,990 1,267,990 1 ,267,990
Library 6,611,820 6,636,810 6,636,810 6,636,810
Marine & Aviation 731 ,890 1,189,660 1,251,660 1,251,660
Non-Departmental 6,506,570 9,034,585 9,689,585 11,212,403 1,522,818
Office of Management & Budget 333,310 331,230 316,730 316,730
Official Records & Legislative Svcs 1,359,070 1,354,350 1,354,350 1,354,350
Parks & Recreation 22,273,410 22,204,950 22,138,430 22,138,430
Planning 1,445,380 1,437,270 1,437,270 1,437,270
Police 35,630,590 35,495,720 35,495,720 36,465,480 969,760
Public Communications 1,055,510 1,051,200 1,120,070 1,120,070
Public Works Administration 10,418,210 10,374,570 10,374,570 10,374,570
Total, General Fund 121,902,700 124,489,605 125,318,955 128,993,423 3,674,468
Special Revenue Funds:
Special Development Fund 15,206,700 15,660,645 15,660,645 20,464,645 4,804,000
Special Program Fund 2,022,830 4,092,833 4,231,673 5,970,123 1,738,451
Local Housing Asst Trust Fund 1 ,241 ,270 1 ,241 ,270 1 ,241 ,270 1 ,241 ,270
Pinellas County Housing Trust Fund 0 0 945,000 945,000
Utility & Other Enterprise Funds:
Water & Sewer Fund 53,874,170 53,874,170 53,909,170 54,415,157 505,987
Stormwater Utility Fund 12,124,450 12,711,540 12,711,540 13,026,039 314,499
Solid Waste Fund 18,475,210 18,475,210 18,4 75,210 18,916,230 441 ,020
Gas Fund 48,613,190 50,033,010 48,648,310 47,929,950 (718,360)
Recycling Fund 2,677 ,450 2,677,450 2,677,450 2,996,070 318,620
Marine and Aviation Fund 3,708,200 3,708,200 4,908,200 4,628,200 (280,000)
Parking Fund 4,113,090 4,238,600 4,238,600 4,254,100 15,500
Harborview Center Fund 706,040 706,040 706,040 718,040 12,000
Internal Service Funds:
Administrative Services Fund 9,703,270 9,703,270 9,703,270 9,703,270
General Services Fund 4,202,510 4,202,510 4,202,510 4,202,510
Garage Fund 12,305,160 12,305,160 12,305,160 12,141,430 (163,730)
Central Insurance Fund 22,388,660 22,388,660 22,388,660 22,438,660 50,000
Total, All Funds 333,264,900 340,508,173 342,271,663 352,984,117 10,712,455
57 OrdiltePl"!l tt#82!3107
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7869-07 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending
September 30, 2007, to reflect a net increase of $5,086,545.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 1
ORDINANCE NO. 7869-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2007, TO REFLECT A NET INCREASE OF $5,086,545
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30,2007 was adopted by Ordinance No. 7675-06; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 7675-06 is amended to read:
Pursuant to the Third Quarter Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2006 and ending September 30, 2007, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Third Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
58
Item # 22
Ordinance #7869-07
Attachment number 2
Page 1 of 2
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2006/07
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2006/07 2006/07 2006/07 2006/07 Amdmnts
Police Protection 400,000 400,000 400,000 400,000
Fire Protection 2,924,150 2,625,198 2,808,698 2,847,837 39,139
New Street Construction 1,150,000 526,498 488,498 432,640 (55,858)
Major Street Maintenance 5,062,030 4,800,659 4,744,939 11,613,529 6,868,589
Sidewalks & Bike Trails 0 0 38,000 93,858 55,858
Intersections 423,180 423,180 449,342 469,342 20,000
Parking 300,000 -1,497,800 -1,497,800 -1,497,800
Miscellaneous Engineering 35,000 35,000 8,838 8,838
Park Development 2,638,500 2,906,817 2,839,352 4,045,091 1,205,739
Marine Facilities 665,000 523,500 573,500 584,273 1 0,773
Airpark Facilities 10,000 10,000 10,000 10,000
Libraries 688,630 688,630 688,630 688,630
Garage 3,743,400 3,745,147 3,745,147 3,745,147
Maintenance of Buildings 1,005,000 1,005,000 1,005,000 954,699 (50,301)
General Public Buildings & Equipment 100,000 1,293,000 1,913,000 1,925,827 12,827
Miscellaneous 1,087,000 899,298 -787,617 -539,316 248,301
Stormwater Utility 7,482,860 7,187,820 7,003,215 6,707,572 (295,643)
Gas System 5,750,000 6,909,364 6,909,364 3,839,820 (3,069,544)
Solid Waste 430,000 430,000 430,000 430,000
Utilities Miscellaneous 26,000 26,000 -199,250 -199,250
Sewer System 20,517,170 20,066,385 20,163,640 20,385,331 221,691
Water System 8,098,870 7,458,232 7,807,398 7,682,371 (125,027)
Recycling 170,000 170,000 170,000 170,000
TOTAL 62,706,790 60,631,927 59,711,894 64,798,439 5,086,545
GENERAL SOURCES:
General Operating Revenue 2,335,650 4,362,622 6,201 ,122 7,658,613 1,457,490
General Revenue/County Co-op 688,630 688,630 688,630 688,630
CRA Revenue 0 0 -1,686,914 -2,127,015 (440,100)
Road Millage 3,033,030 3,033,030 3,033,030 3,033,030
Penny for Pinellas 4,450,000 3,790,363 3,790,363 8,441,062 4,650,699
Transportation Impact Fees 290,000 343,945 343,945 340,453 (3,492)
Local Option Gas Tax 962,180 962,180 962,180 962,180
Fee in Lieu of Parking 0 -200,000 -200,000 -200,000
Recreation Facility Impact Fee 0 0 0 118,000 118,000
Grants - Other Agencies 575,000 4,907,593 5,592,608 7,725,278 2,132,670
Property Owner's Share 0 -187,660 -187,660 -187,660
Contributions 0 53,076 103,076 103,076
Donations 75,000 75,000 75,000 75,000
Developer Contribution 0 0 2,757,000 2,777,000 20,000
Item # 22
59 Ordinance #7869-07
Attachment number 2
Page 2 of 2
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2006/07
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2006/07 2006/07 2006/07 2006/07 Amdmnts
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue 160,000 19,625 19,625 19,625
Parking Revenue 300,000 202,200 202,200 202,200
Harbor view Revenue 140,000 140,000 140,000 140,000
Utility System:
Water Revenue 1,323,020 1,323,020 1,323,020 1,428,125 105,105
Sewer Revenue 675,000 675,000 675,000 1,075,882 400,882
Water Impact Fees 250,000 250,000 250,000 250,000
Water R & R 470,340 470,340 470,340 470,340
Sewer Impact Fees 1,065,100 1,065,100 1,065,100 1,065,100
Sewer R&R 602,930 602,930 602,930 602,930
Stormwater Utility 1,813,060 2,500,150 2,500,150 2,814,649 314,499
Gas Revenue 5,830,000 6,128,000 6,128,000 3,028,000 (3,100,000)
Solid Waste Revenue 270,000 -2,210,983 -2,210,983 -2,210,983
Recycling Revenue 50,000 50,000 50,000 50,000
Grants - Other Agencies 0 1,102,447 1,102,447 1,313,220 210,773
Other Governmental 0 504,707 523,493 523,493
Property Owner's Share 0 27,349 27,349 58,005 30,656
Developer Contribution 0 0 202,385 202,385
INTERNAL SERVICE FUNDS:
Garage Fund 246,700 246,700 246,700 246,700
Administrative Services Fund 700,000 700,000 700,000 700,000
Central Insurance Fund 0 -2,436,000 -2,436,000 -2,799,184 (363,184)
Insurance Claimes - Vehicles 0 1,747 1,747 1,747
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 1,107,000 1,107,000 1,107,000 957,936 (149,064)
Improvement Revenue Bond 0 -1,895,162 -6,495,362 -6,495,362
SELF-SUPPORTING FUNDS:
Lease Purchase - Water 31,830 13,715 13,715 -29,994 (43,709)
Lease Purchase - Sewer 60,000 60,000 60,000 49,997 (10,003)
Lease Purchase - Solid Waste 160,000 160,000 160,000 160,000
Lease Purchase - Recycling 120,000 120,000 120,000 120,000
Future Bond Issue - Parking 0 -1,500,000 -1,500,000 -1,500,000
Bond Issues - Water & Sewer 0 239,158 239,158 0 (239,158)
Future Bond Issue - Water & Sewer 24,163,820 24,163,820 24,163,820 24,163,820
Bond Issue - Stormwater 3,075,000 -2,065,105 -2,249,710 -2,249,710
Future Bond Issue - Stormwater 3,794,800 7,148,690 7,148,690 7,148,690
INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 3,671,700 3,671,700 3,671,700 3,671,700
Lease Purchase - Administrative Svcs 217,000 217,000 217,000 211,481 (5,519)
TOTAL ALL FUNDING SOURCES: 62,706,790 60,631,927 59,711,894 64,798,438 5,0~~ 22
60 Ordinance #7869-07
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7886-07 on second reading amending the Election Code to provide for the General Election in 2008 and every 4
years thereafter to be held in conjunction with the Presidential Preference Primary.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 23
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7886-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 14.02, CODE OF ORDINANCES TO
PROVIDE THAT EVERY FOUR YEARS COMMENCING
JANUARY 29, 2008, THE REGULAR MUNICIPAL ELECTION
SHALL BE HELD IN CONJUNCTION WITH THE PRESIDENTIAL
PREFERENCE PRIMARY; AMENDING SECTION 14.41 (7) TO
CHANGE THE QUALIFYING PERIOD; ALLOWING
CANDIDATES WHO HAVE ALREADY OBTAINED PETITION
CARDS TO USE THE CARDS THEY HAVE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in the 2007 regular session, the Florida Legislature amended
Section 101.75, Florida Statutes, to allow municipalities to move by ordinance their
municipal election dates to coincide with the presidential preference primary; and
WHEREAS, it is in the best interest of the City of Clearwater to move their
election dates as so allowed to increase voter participation and save the cost of a
separate municipal election; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 14.02, Code of Ordinances, is hereby amended to read as
follows:
Sec. 14.02. Regular elections.
(a) Regular municipal elections shall be held on the second Tuesday in March
of each year in which the term of any councilmember expires, except that every four
years commencinq Januarv 29, 2008, reqular municipal elections shall be held in
coniunction with the presidential preference primary.
(b) Early voting in municipal elections begins 15 days before the election. The
City of Clearwater exercises its right to exempt itself from the provisions of Section
101.657, Florida Statutes, and shall contract with the supervisor of elections to provide
facilities and services for early voting. Voters who wish to participate in early voting may
do so at the offices of the Supervisor of Elections of Pinellas County.
Section 2. Section 14.41 (7), Code of Ordinances, is hereby amended to read as
follows:
Sec. 14.41. Qualification for candidacy.
Ordinance No.I~.ftl't23
Attachment number 1
Page 2 of 2
*****
7) Candidates may file qualifying papers with the city clerk during regular
business hours at the city hall during the qualifying period, which begins at 8:00 a.m. on
the first Monday in December and ends at 5:00 p.m. on the second Friday thereafter.
However, in years when the municipal election is moved to coincide with the
presidential preference primary, the qualifyinq period will beqin at 8:00 a.m. on the first
Friday in November and end at 5:00 p.m. on the third Friday in November. Any
candidate may withdraw from nomination, but no fee will be refunded.
Section 3. For the purposes of the municipal election to be held on January
29, 2008, those candidates who have already obtained petition cards that indicate the
incorrect date shall be permitted to use the cards they have already obtained, and will
not be required to obtain new petition cards.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. ~-;@7.23
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract to RFP Depot, Provo, Utah, to provide procurement process service for the City, and authorize appropriate
officials to execute same. (consent)
SUMMARY:
Purchasing organized a committee of City financial system users to explore and evaluate eProcurement systems currently available
for governmental purchasing. Three system providers were invited to provide a demonstration of their system. The user committee
selected RFP Depot as the provider most capable of obtaining lowest possible bid pricing with user-friendly software.
RFP Depot is a comprehensive system that public agencies use to organize, automate and manage their entire eProcurement
processes. By using the RFP Depot system to process and receive bids, the City will recognize an immediate increase in
productivity and efficiency in all departments related to purchasing activities, and at no additional direct cost.
Electronic procurement allows for electronic bid and quote response via a secure lockbox managed by the RFP Depot hosted
software. The City will be able to issue bids and quotes to all suppliers/contractors that have registered with the City and all
suppliers in the RFP Depot database. This will increase competition for City contracts and reduce costs. Agencies, such as City of
Ft. Lauderdale, Cities of Garland and Piano, Texas, and the City of Salt Lake City, Utah have experienced a cost reduction
between 5 and 15 percent overall using the RFP Depot system.
Suppliers are notified of bid opportunities via em ail or fax, and then submit their response electronically. Bid opening dates and
times are scheduled by the City and are electronically opened and tabulated for review by city departments.
Two options are available for payment to RFP Depot. The City can pay an annual fee of, estimated at approximately $16,000 for
the first year, or suppliers who win contracts pay RFP Depot a fee of 1 % of the total award. Staff recommends the supplier pay
option during the initial year. The supplier pay option is similar to the State of Florida's My Florida Marketplace System.
The City will evaluate the results during a one year test, then determine the best payment option for future years; i.e., City payor
suppliers pay. If staff determines the City pay option is best, funding will be included in the FY 2008/09 budget. Should the service
not prove of value, the City may cancel the service without cost.
Initial utilization will be for goods and services not related to Public works/Engineering/construction contracts. Expansion
possibilities will allow inclusion of contract documents and blueprints utilized in Public Works/Engineering projects.
Review Approval: 1) Clerk
Cover Memo
Item # 24
Attachment number 1
Page 1 of 37
CONTRACT BY AND BETWEEN CITY OF CLEARWATER
AND RFP DEPOT, LLC FOR USE OF A SECURE
ONLINE COMPETITIVE SOLICITATION SYSTEM
THIS CONTRACT is made and entered into by and between RFP DEPOT, LLC,
a Utah corporation whose address is 673 North 1890 West, Provo, Utah 84601,
hereinafter referred to as "Contractor," and, THE CITY OF CLEARWATER, hereinafter
referred to as "the City," to be effective upon execution of this Contract by the
Purchasing Agent, as defined by ~2.541 of the City of Clearwater code of ordinances,
or their duly authorized designee.
WHEREAS, the City wishes to procure a secure, automated, online competitive
solicitation system that allows the City's Purchasing Office (the "Purchasing Office"), the
department responsible for purchasing commodities and services, as defined by ~2.541
of the City of Clearwater code of ordinances, on behalf of the City, to manage
commodity and service procurement processes performed by the Purchasing Office;
and
WHEREAS, Contractor offers an online competitive solicitation system, and
associated services, that meet or exceed the City's requirements, and wishes to provide
that system and associated services to the City under the terms and conditions set
forth herein; and
NOW, THEREFORE, for and in consideration of the covenants and agreements
contained herein, the receipt and sufficiency of which are hereby acknowledged, and
for the mutual benefits to be obtained hereby, the parties agree as follows:
I.
SCOPE OF SERVICES
1.1 Contractor shall provide all labor, supervision, materials and equipment
necessary to provide the City with internet, web-based electronic services and
record keeping through an automated system that manages the City's commodity and
service procurement processes performed by the Purchasing Office (the "System").
The System, and all associated services provided therewith, shall be provided in
accordance with the Scope of Services and RFP Depot Procurement System Features,
attached hereto and incorporated herein for all purposes as Exhibit nAn and Exhibit
"B", respectively.
1 .2 All the City's bid terms, conditions, and disclaimers shall be produced and
controlled by the City. The City's requests for quotation may only include text
descriptions, graphics, pictures and other content relevant to the purchase of that item.
is solely responsible for all information it provides to Contractor or other users on
Contractor's website or in connection with the registration, request for quotes or
proposals, bidding, or sale process. Contractor acts as a passive conduit for the online
distribution and publication of the City's information. The City agrees that, to the best of
its ability, the City's information will not be false, inaccurate or misleading. The City will
122070-1 161.
1
Item # 24
Attachment number 1
Page 2 of 37
comply with all applicable domestic and international laws, statutes, ordinances and
regulations regarding use of the System and associated services.
II.
TERM OF CONTRACT
2.1 The Contract will commence on the Effective Date following approval by
the Purchasing Agent, and shall continue in full force and effect for twelve (12) months
(the "Initial Term"), unless sooner terminated as provided herein.
2.2 This Contract shall automatically renew upon expiration of the Initial Term
for successive one-year terms (each a "Renewal Term") unless or until terminated by
the City as provided herein.
2.3 The City shall, at its option, have the right to pay the System Use Fee, as
defined herein, during any Renewal Term from the accrued credit maintained by
Contractor as discussed in Paragraph V below.
III.
OBLIGATIONS
3.1 The Purchasing Agent shall be the Contract Administrator for the City.
3.2 The City will use its best efforts to cause its personnel to be, at all times,
educated and trained in the proper use and operation of the System and to ensure that
the System is used in accordance with applicable manuals, instructions and
specifications.
3.3 The City shall cooperate with Contractor in Contractor's performance of
its obligations under this Contract, and shall provide access to information and systems
as reasonably necessary to assist Contractor in performing its obligations under this
Contract.
IV.
WARRANTIES
4.1 Contractor represents, warrants and covenants to the City the following:
4.1.1 That the System, and all associated services provided to the City by
Contractor, Contractor's subcontractors, and agents under this Contract
shall be fully tested, free of defects and produced and performed in a
skillful and workmanlike manner and shall comply with the Scope of
Services attached hereto and incorporated herein as Exhibit "A";
4.1.2 That Contractor has thoroughly examined all Contract documents, and
has made all investigations necessary to be thoroughly informed
122070-1 161.
2
Item # 24
Attachment number 1
Page 3 of 37
regarding requirements for delivery of products, equipment and/or
services as required by the conditions of this Contract;
4.1.3 That Contractor (i) is a duly qualified, capable, and otherwise bondable
business entity, (ii) is not in receivership or contemplating same, (iii) has
not filed for bankruptcy, and (iv) is not currently delinquent with respect to
payment of property taxes within U t",,--; and \)h.h (OJ:.tr.
4.1.4 That (i) all applicable copyrights, patents, trade secrets, licenses and other
proprietary and intellectual property rights that may exist on materials
used in this Contract have been adhered to and (ii) the City shall not be
liable for any infringement of those rights and any rights granted to the
City shall apply for the duration of this Contract. In connection with this
warranty, Contractor agrees to and shall indemnify the City, its officers,
agents and employees from all claims, losses, damages, causes of action
and liability of every kind including expenses of litigation, court costs and
attorney fees for damages to any person or property arising in connection
with any alleged or actual infringement of existing copyrights, patents,
trade secrets, licenses and other proprietary or intellectual property rights
applicable to materials used in this Contract. In the event that an
infringement suit or proceeding arises, Contractor shall, at its sole cost
and expense, secure the City's right to continue using the System, and all
products and services provided under this Contract or replace or modify
all or part of the System, or product or service to render it noninfringing.
4.2 In connection with the warranties set forth above, the City reserves the
right to perform periodic on-site monitoring of Contractor's compliance with the terms of
this Contract and the adequacy and timeliness of Contractor's performance.
4.3 Contractor expressly acknowledges that the City has relied on
Contractor's representations about Contractor's officers, employees, agents or
representatives who will be performing services and duties under this Contract,
including but not limited to their experience and qualifications, and that, if any other
person is to replace said officer, employee, agent or representative, such person must
have equivalent qualifications and experience. Contractor agrees to provide the City
with such information regarding the qualifications of its staff, including professionals
and others, as is required by the City to verify that present and subsequent services are
being rendered by competent and trained personnel. Only qualified technicians will be
permitted to perform System configuration, data uploads, warranty services, and
System maintenance.
V.
PAYMENT
5.1 The fee for access to and use of the System and the provIsion of
associated services (the "System Use Fee") is in the amount of one (1 %) percent of
122070-1 161.
3
Item # 24
Attachment number 1
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each awarded contract . Payment hereunder shall be the sole responsibility of the
System user, otherwise known as a vendor, as defined by 92.541 of the City of
Clearwater code of ordinances, and such payment shall be made to Contractor no later
than thirty (30) days following the City's payment to the System user for the commodity
or service provided by the System user to the City.
VI.
LOSSES FROM NATURAL CAUSES
6.1 Unless otherwise specified, all loss or damage to Contractor arising out of
the nature of the System and associated services provided under this contract, or from
the action of the elements, or from any unforeseen circumstances in the prosecution of
the same, or from unusual obstructions or difficulties which may be encountered in the
performance of this Contract, shall be sustained and borne by the Contractor at
Contractor's own cost and expense.
6.2 If the performance by the City of any of its obligations under this Contract
are interrupted or delayed by any occurrence not occasioned by its own conduct,
whether the occurrence be an act of God or the common enemy or the result of war,
riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons
not a part to this contract, then it shall be excused from performance for such period of
time as is reasonably necessary to remedy the effects thereof.
VII.
INDEMNIFICA liON
7.1 Contractor shall release, defend, indemnify and hold the City and its
officers, agents and employees harmless from and against all claims, damages, injuries
(including death), property damages (including loss of use), losses, demands, suits,
judgments and costs, including attorney's fees and expenses, in any way arising out of,
related to, or resulting from Contractor's performance under this Contract or caused by
the negligent act or omission of Contractor, its officers, agents, employees,
subcontractors, licensees, invitees or any other third parties for whom Contractor is
legally responsible (hereinafter "Claims"). Contractor is expressly required to defend
the City against all such Claims.
7.2 In the event the City is a named party to a suit arising out of the subject
matter of this Agreement, the City shall select defense counsel to be retained by
Contractor in fulfilling its obligation hereunder to defend and indemnify the City. The
City reserves the right to provide a portion or all of its own defense; however, is under
no obligation to do so. Any such action by the City is not to be construed as a waiver of
Contractor's obligation to defend the City or as a waiver of Contractor's obligation to
indemnify the City pursuant to this Agreement. Contractor shall retain defense counsel
within seven (7) business days of the City's written notice that the City is invoking its
right to indemnification under this Agreement. If Contractor fails to retain counsel within
such time period, the City shall have the right to retain defense counsel on its own
behalf, and Contractor shall be liable for all costs incurred by the City.
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7.3 Notwithstanding, the City does not waive its statutory immunity as
provided by Florida Statute 9 768.28.
VIII.
PROPRIETARY INFORMATION; PRIVACY; NETWORK SECURITY
8.1 Contractor agrees that the City has originally developed all information
and content displayed on the System, including, without limitation, all content, text,
images, software, media and other materials therein, and that all such information and
content is proprietary to or licensed by the City, protected under copyright and other
intellectual property laws, and may not be reproduced, transmitted, displayed, published
or distributed without the express prior written consent of the City. Contractor further
agrees that the City shall retain all proprietary rights in and to all such information and
content provided by the City for display on the System, and to all legally protectable
elements, derivative works, modifications and enhancements thereto or therein,
whether or not developed by the City or any contractor, subcontractor or agent for.
8.2 Contractor and the City shall take all reasonable steps necessary to
ensure that all goods, supplies or equipment (or any portion thereof) provided under this
Contract, whether on magnetic tape, disk, memory or in any other form, are not made
available by Contractor or the City, or any of their employees, agents or
representatives, to any organizations or individuals not authorized under this Contract
to make use thereof. In particular, Contractor and the City recognize that the goods,
supplies or equipment provided hereunder may contain information of a proprietary or
confidential nature that is subject to protection under applicable patent, copyright, trade
secret, or trademark law ("Proprietary Information") and agree as follows:
a. To use Proprietary Information solely at the sites or locations specified
or authorized under this Contract;
b. Not to copy or duplicate Proprietary Information, or any component
thereof, by any means for any purpose whatsoever except as is required
for archival or security storage purposes, without prior written consent of
the other party;
c. To instruct their employees, agents and representatives having access
to Proprietary Information not to copy or duplicate such information or
provide the same to any third party or unauthorized individual;
d. To implement and enforce security measures to safeguard Proprietary
Information from theft or access by unauthorized persons;
e. To reproduce the copyright notice and other proprietary or identifying
markings on all materials related to or part of the Proprietary Information
on which such copyright notice or other proprietary or identifying markings
are displayed, including any copies made pursuant to this Contract.
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8.3 Any modification or enhancements to the Proprietary Information, or any
other materials related to the Proprietary Information, provided by Contractor to or by
to Contractor, or otherwise developed or implemented, shall be subject to all conditions
and restrictions contained in this Contract.
8.4 Contractor shall not use and shall not allow anyone else under its control
to use personally identifiable or private information collected by Contractor for any
purpose or to provide it to any third party unless: (i) the System user is given clear prior
notice of the possibility of such other use; (ii) the System user affirmatively consents to
such use; and (iii) the City agrees to such other use.
8.5 Contractor shall maintain the security of sensitive information in its
custody and the integrity of transactions received through its interfaces and through the
System. Redundant levels of security will be deployed as necessary throughout the
System. Contractor shall not use any sensitive information in its custody for its own
purposes or the purposes of its other clients unless the City expressly agrees to the use
of that specific information in writing.
IX.
COMPLIANCE WITH APPLICABLE LAWS
9.1 Contractor shall at all times observe and comply with all Federal, State
and local laws, ordinances and regulations including all amendments and revisions
thereto, which in any manner affect Contractor or the work, and shall indemnify, save
and hold harmless the City against any claim related to or arising from the
violation of any such laws, ordinances and regulations whether by Contractor, its
employees, officers, agents, subcontractors, or representatives. If Contractor
observes that the work is at variance therewith, Contractor shall promptly notify the City
in writing.
X.
ASSIGNMENT AND SUBLETTING
10.1 Contractor agrees to retain control and to give full attention to the
fulfillment of this Contract, that this Contract shall not be assigned or sublet without the
prior written consent of the City, and that no part or feature of the work will be sublet to
anyone objectionable to. NO OFFICIAL, EMPLOYEE, REPRESENTATIVE OR AGENT
OF HAS THE AUTHORITY TO APPROVE ANY ASSIGNMENT UNDER THIS
CONTRACT UNLESS THAT SPECIFIC AUTHORITY IS EXPRESSLY GRANTED BY
PURCHASING AGENT. Contractor further agrees that the subletting of any portion or
feature of the services provided hereunder, or materials required in the performance of
this Contract, shall not relieve Contractor from its full obligations to the City as provided
by this Contract.
10.2 The terms, provisions, covenants, obligations and conditions of this
Contract are binding upon and inure to the benefit of the successors in interest and the
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assigns of the parties to this Contract if the assignment or transfer IS made in
compliance with the provisions of this Contract.
XI.
INDEPENDENT CONTRACTOR
11.1 Contractor covenants and agrees that Contractor is an independent
contractor and not an officer, agent, servant or employee of the City; that Contractor
shall have exclusive control of and exclusive right to control the details of the services
performed hereunder and all persons performing same, and shall be responsible for the
acts and omissions of its officers, agents, employees, contractors, subcontractors and
consultants; that the doctrine of respondent superior shall not apply as between and
Contractor, its officers, agents, employees, contractors, subcontractors and
consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between the City and Contractor.
XII.
HINDRANCES AND DELAYS
12.1 No claims shall be made by Contractor against the City for damages
resulting from hindrances or delays from any cause during the progress of any portion
of the work embraced in this Contract.
XIII.
DISPUTES AND APPEALS; MEDIATION; CLAIMS NOTIFICATION
13.1 The Purchasing Agent acts as the City's representative in the issuance
and administration of this Contract. Any document, notice, or correspondence not
issued by or to the Purchasing Agent, or other authorized person, is voidable unless
otherwise stated in this Contract. If the Contractor does not agree with any document,
notice, or correspondence issued by the Purchasing Agent, or other authorized person,
the Contractor must submit a written notice to the Purchasing Agent within ten (10)
calendar days after receipt of the document, notice, or correspondence, outlining the
exact point of disagreement in detail. If the matter is not resolved to the Contractor's
satisfaction, Contractor may submit a Notice of Appeal to the II (..~"t\ . f. , through the
Purchasing Agent, if the Notice is submitted within ten (10) calendar d s after receipt
of the unsatisfactory reply. Contractor then has the right to be heard by ~. If
Contractor is still not satisfied, it may pursue the matter in a court of -Competent
jurisdiction. The prevailing side is entitled to interest and reasonable attorney's fees.
13.2 When mediation is acceptable to both parties in resolving a dispute
arising under this Agreement, the parties agree to use a mutually agreed upon
mediator, or a person appointed by a court of competent jurisdiction, for mediation as
described in Pine lias County, Florida. Unless both parties are satisfied with the result of
the mediation, the mediation will not constitute a final and binding resolution of the
dispute. All communications within the scope of the mediation shall remain confidential
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as described in f\'O{~~" <;h_\J\(..S
waive the confidentiality.
, unless both parties agree, in writing, to
13.3 If any claim, or other action, that relates to Contractor's performance
under this Contract, including proceedings before an administrative agency, is made or
brought by any person, firm, corporation, or other entity against Contractor, Contractor
shall give written notice to the City of the following information within ten (10) working
days after being notified of it:
13.3.1 The existence of the claim, or other action;
13.3.2 The name and address of the person, firm, corporation or their entity that
made a claim, or that instituted any type of action or proceeding;
13.3.3 The alleged basis of the claim, action or proceeding;
13.3.4 The court or administrative tribunal, if any, where the claim, action or
proceeding was instituted; and
13.3.5 The name or names of any person against whom this claim is being
made.
Except as otherwise directed, Contractor shall furnish to the City copies of all
pertinent papers received by Contractor with respect to making these claims or actions
and all court pleadings related to the defense of these claims or actions.
XIV.
FORFEITURE OF CONTRACT
14.1 In this section, "Is doing business" and "has done business" means:
14.1.1 paying or receiving in any calendar year any money or other valuable
thing which is worth more than $250 in the aggregate in exchange for
personal services or for purchase of any property or property interest,
either real or personal, either legal or equitable; or
14.1.2 loaning or receiving a loan of money; or goods or otherwise creating or
having in existence any legal obligation or debt with a value of more than
$250 in the aggregate in a calendar year;
14.1.3 but does not include any retail transaction for goods or services sold to a
Key Contracting Person at a posted, published, or marked price available
to the general public.
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14.3 Contractor must forfeit all benefits of the Contract and the City must retain
all performance by Contractor and recover all consideration or the value of all
consideration, paid to Contractor pursuant to this Contract if:
14.3.1 Contractor was doing business at the time of submitting its proposal or
had done business during the 365-day period immediately prior to the
date of which its proposal was due with one or more Key Contracting
Persons if Contractor has not disclosed the name of any such Key
Contracting Person in its proposal which is expressly incorporated in this
Contract; or
14.3.2 Contractor does business with a Key Contracting Person after the date on
which the proposal that resulted in this contract and prior to full
performance of the contract and fails to disclose the name of that Key
Contracting Person in writing to each member of the City of Clearwater
City Council and to the City of Clearwater City Manager within ten (10)
days commencing business with that Key Contracting Person.
xv.
TERMINATION
15.1 Termination for Default. Failure by Contractor to perform any provisions
of this Contract shall constitute a breach of this Contract. The City may require
corrective action within ten (10) days after date of receipt by Contractor of written notice
from citing the nature of the breach. Failure to take corrective action or failure to
provide a satisfactory written reply excusing such failure within the ten (10) days shall
constitute a default. All notices for corrective action, breach, default or show cause
shall be issued by the City and all replies shall be made in writing to the City at the
address shown below. The City reserves the right to enforce the performance of this
Contract in any manner prescribed by law in case of default. In the event of termination
for default, the City, its agents, employees or representatives shall not be liable for loss
of any profits anticipated to be made hereunder.
15.2 Termination for Convenience. In addition, the City may terminate this
Contract upon thirty (30) days written notice for any reason deemed by the City of
Clearwater City Council or City Manager to serve the public interest, or resulting from
any governmental law, ordinance, regulation, or court order. In the event of termination
for convenience, the City, its agents, employees or representatives shall not be liable
for loss of any profits anticipated to be made hereunder.
[This space has intentionally been left blank.]
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XVI.
NOTICE
16.1 Any notice required or permitted to be given under this Contract by one
party to the other shall be in writing and shall be given and deemed to have been given
immediately if delivered in person to the address set forth in this section for the party to
whom the notice is given, or on the third day following mailing if placed in the United
States Mail, postage prepaid, by registered or certified mail with return receipt
requested, addressed to the party at the address set forth in this Section.
16.2 The address of the City for all purposes under this Contract shall be:
Purchasing Agent
('M ,~ (tLl../...JI.\({' P..Jrv\\.s\~) M~{.
f,~. en.... '"""''i'
C\t",(..J...\ti, fL 331SR
With copies to (registered or certified mail with return receipt is not required):
Clearwater City Attorney's Office
P.O. Box 4748
Clearwater, FL 33756
The address of the Contractor for all purposes under this Contract and for all notices
hereunder shall be:
RFP Depot, LLC
ATTN: Joseph McCaul
1881 West 820 North Suite 1
Provo, UT 84601
16.3 Each party may change the address for notice to it by giving notice of the
change in compliance with this Section.
XVII.
NON.WAIVER OF DEFAULT
17.1 No payment, act or omission by either party may constitute or be
construed as a waiver of any breach or default of the other party, which then exists or
may subsequently exist. The failure of either party to exercise any right or privilege
granted in this Contract shall not be construed as a waiver of that right or privilege.
17.2 All rights of either party under this Contract are specifically reserved and
any payment, act or omission shall not impair or prejudice any remedy or right of either
party under it. Any right or remedy stated in this Contract shall not preclude the
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exercise of any other right or remedy under this Contract, the law or at equity, nor shall
any action taken in the exercise of any right or remedy be deemed a waiver of any other
rights or remedies.
XVIII.
COVENANT AGAINST CONTINGENT FEES
18.1 Contractor represents and warrants that no persons or selling agency has
been retained to solicit this Contract upon an understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial selling agencies maintained by the Contractor to secure
business. For breach or violation of this warranty, the City shall have the right to
terminate this Contract without liability, or in its discretion to, as applicable, add to or
deduct from the Contract price for consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
XIX.
ACCESS
19.1 Contractor shall maintain and make available for inspection, audit or
reproduction by any authorized representative of the City all books, documents, and
other evidence pertinent to the costs and expenses of this Contract, including but not
limited to both direct and indirect costs, cost of labor, material, equipment, supplies, and
services, and all other costs and expenses of whatever nature for which reimbursement
is claimed under this Contract. All required records shall be maintained until an audit is
completed and all required questions arising therefrom are resolved, or three (3) years
after completion of the contract term, whichever occurs first; provided, however, the
records will be retained beyond the third year if an audit is in progress or the finding of a
completed audit have not been resolved satisfactorily.
xx.
AMENDMENT
20.1 Unless specifically provided for otherwise in this Contract, any change to
the terms of this Contract or its attachments and appendices shall be made in writing
signed by both parties. IT IS EXPRESSLY ACKNOWLEDGED BY CONTRACTOR
THAT NO OFFICER, AGENT, EMPLOYEE OR REPRESENTATIVE OF THE CITY
HAS ANY AUTHORITY TO AMEND THE TERMS OF THIS Contract UNLESS
EXPRESSLY GRANTED THAT AUTHORITY, IN WRITING, BY THE PURCHASING
AGENT.
XXI.
CONSTRUCTION OF CONTRACT
21.1 Law and Venue. This Contract is governed by the laws of the United
States of America and the State of Florida and all obligations under this Contract are
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performable in Clearwater, Florida. Venue for any dispute arising out of this Contract
will lie in the appropriate court of Pinellas County, Florida.
21.2 Severability. If any portion of this Contract is ruled invalid, illegal, or
unenforceable in any respect by a court of competent jurisdiction, the remainder of it
shall remain valid and binding.
21.3 HeadinQs. Headings and titles at the beginning of the various provisions of
this Contract have been included only to make it easier to locate the subject matter
covered by that part, section or subsection and are not to be used in construing this
Contract.
21.4 Computation of Time. When any period of time is stated in this Contract,
the time shall be computed to exclude the first day and include the last day of period. If
the last day of any period falls on a Saturday, Sunday, or a day that the City has
declared a holiday for its employees, these days shall be omitted from the computation.
All hours stated in this Contract are stated in Eastern Standard Time from 2:00 o'clock
a.m. on the first Sunday of October until 2:00 o'clock a.m. on the first Sunday of April
and in Eastern Daylight Saving Time from 2:00 0' clock a.m. on the first Sunday of April
until 2:00 o'clock a.m. on the first Sunday of October.
21.5 Gender and Number: Words of any gender in this Contract shall be
construed to include any other gender and words in either number shall be construed to
include the other unless the context clearly requires otherwise.
21.6 Provisions, Words, Phrases, and Statutes, whether incorporated by actual
use or by reference, shall be applied to this Contract in accordance with the Laws of
the State of Florida.
21.6 The attachments enumerated below are hereby made a part of this
Contract, and constitute promised performances by Contractor in accordance with
Section 1 of this Contract:
(i) Exhibit "A" - Scope of Services
(ii) Exhibit "B" - RFP Depot Procurement System Features
XXII.
ENTIRE AGREEMENT
22.1 This Contract sets forth the entire agreement and understanding of the
parties with respect to the transactions contemplated hereby and supersedes all prior
agreements, arrangements, and understandings relating to the subject matter hereof.
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IN WITNESS WHEREOF, the City and Contractor have duly executed this Contract
effective as of the later date set forth below (the IIEffective Datell).
RFP DEPOT, LLC, a Utah Limite Liability Company
By:
Name:
Title:
Date:
By:
Date:
APPROVED AS TO FORM:
See attached signature page
Attorney
AVAILABILITY OF FUNDS CONFIRMED:
Date:
COMPLIANCE WITH LAW AND POLICY CONFIRMED AND APPROVED:
Date:
Purchasing Agent
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Signature page for City of Clearwater for
Contract with RFP Depot, LLC for Use of a Secure
Online Competitive Solicitation System
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
By:
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
Camilo A. Soto
Assistant City Attorney
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EXHIBIT IIA"
SCOPE OF SERVICES
1. The System, as defined in Section 1 of the Contract will allow the City to perform all
competitive and other procurement processes, such as, but not limited to: Request for
Quotes, Request for Qualifications, Reverse Auctions, Invitations to Bids, Invitations to
Negotiate, Request for Proposals, Request for Information and Cooperative Bids on-
line. At a minimum, the System will provide all services and applications described in
Exhibit "B".
2. The System will notify all vendors in designated commodity codes of the release of a
competitive solicitation and any corresponding addenda automatically by an email or fax
and will track and keep receipts of each notification sent.
3. The System will allow the City to add vendors per solicitation.
4. The System will allow the City to create tabulations of bids automatically.
5. Contractor shalf cooperate with and assist vendors currently registered with the City so
that such vendors may use the System and maintain vendor information on the System.
Contractor will likewise cooperate with and assist the City, as needed, in maintaining
and updating vendor information on the System.
6. The System will allow vendors interested in doing business with the City to register and
update their information on-line.
7. The City shall have the opportunity to contact, rely on, and cooperate with the RFP
Depot Vendor Support Team that will be responsible for locating and recruiting new
vendors for the City. In addition, Contractor shall perform all System maintenance,
support and troubleshooting described in this Scope of Services and in Exhibit "B".
8. The System will provide a reporting tool that will generate detailed reports automatically
from bid specific information. Such reports will include all information reasonably
requested by the City. Contractor will cooperate with in preparing custom reports as
part of the System Support Services, i.e., at no additional charge.
9. Contractor will offer System integration and the requisitioning system (including
workflow, purchase order and warehouse) for an additional fee that will be negotiated
with the City.
1 O. Contractor will make a good faith effort to ensure that's public bids shall be accessible
to anyone, 24 hours, 7 days a week.
11. Contractor will ensure that all data provided to Contractor by the City for the purpose of
accessing and using the System will be backed up and secured using Industry Best
Practices and Procedures. All of's backed up data will be delivered to the City not less
than monthly, on a CD-Rom. Contractor shall ensure the completeness, accuracy and
integrity of all backed up System data. Such backed up data will include, at a minimum,
details regarding all on-line procurement activity (including all bids, quotes, proposals,
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etc. entered into the System by the City) and preferred vendor information for all
commodities.
12. System Maintenance and Support Services
12.1 Contractor shall ensure that only properly trained Contractor technicians or other
qualified personnel perform the System Support Services, as defined below. The
System Support Services shall be sufficient to enable the System to perform in
accordance with this Scope of Services and all representations, warranties and
specifications provided to the City by Contractor in connection with this Contract, and
any amendments or addenda thereto that may be issued from time to time.
12.2 System Support. Contractor shall provide the City with the System support
services set forth below (the "System Support Services") as part of the System Use Fee:
A. Telephone SuPPort. Contractor technicians shall provide unlimited telephone
support (which shall mean assisting the City in diagnosing and correcting program
errors and malfunctions) by means of a toll-free support line, which the City may use
during business hours (8:00 a.m.-5:00 p.m., Monday through Friday). Telephone
support shall include without limitation (i) answering questions concerning use of the
System; and (ii) assisting personnel in diagnosing and solving reported problems, even
if those problems are unknown in origin or involve hardware or third party operating
system or other software products.
B. Web Access. Contractor shall provide additional technical assistance in the
form of access to Contractor's Web site and online bulletins, all of which shall be
maintained by Contractor and available to the City at a minimum during the City's
business hours.
C. Response Time. Contractor shall provide a response to a telephone support
call the same day on which it receives the calf when the call is placed during the City's
business hours. When an emergency call is placed, where critical operations have
ceased, a return call will be made within one (1) hour. When a telephone support call is
placed during's non-business hours, Contractor shall provide a response not later than
11 :00 a.m., Central Standard Time, on the next business day.
D. Diaanostics. Contractor shall perform remote diagnostics monthly or on such
other schedule as Contractor deems appropriate based on reported problems.
E. Problem Resolution Criteria and TimeHnes. Where the City reports program
errors or malfunctions in the System, or where the System does not conform
substantially to the Performance and Availability levels specified below, or to any other
specifications set forth in this Scope of Services, Contractor shall correct the identified
errors or modify the System to conform to the specifications according to the impact
level criteria set forth below.
(a) Critical Impact. If a System problem resulting from program errors or
malfunctions has a critical business impact, defined as a complete loss of use of
the System such that personnel cannot reasonably continue to work, Contractor
shall respond immediately, and shall provide a temporary solution through a
workaround for within one (1) hour and continue such efforts until the problem is
fixed, patched or a suitable workaround is provided or until the City agrees that
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the problem has been reduced to a lower impact level. When a problem has a
critical business impact, Contractor shall provide a permanent correction of the
problem within ten (10) days after telephone notification of the problem and its
impact level.
(b) Sionificant Business Impact. If a System problem resulting from program
errors or malfunctions has a significant business impact, defined as a significant
loss of use of the System or degradation of such use, Contractor shall respond
within fifteen (15) minutes, and shall provide a temporary solution through a
workaround for the City within four (4) hours and shall continue such efforts until
the problem is fixed, patched or a suitable workaround is provided or until the
City agrees that the problem has been reduced to a lower impact level. When a
problem has a significant business impact, Contractor shall provide a permanent
correction of the problem within twenty (20) days after telephone notification of
the problem and its impact level.
(c) Minimal Business Impact. If a System problem resulting from program errors
or malfunctions has a minimal business impact, defined as the City's ability to
continue work with only minor impediments or loss of use of the System,
Contractor shall respond within four (4) hours and shall provide a permanent
correction in its next release of a System upgrade or enhancement.
12.3 As part of the System Support Services, Contractor shall provide, at a mutually
convenient time within thirty (30) days of the City's request for training, unlimited training
of personnel (the "Training") on System access, use and operation.
13. Performance and Availabilitv
13.1 Contractor shall provide page-loading time to System users (measured at the
web server) in accordance with Exhibit WB". Page loading performance is measured by opening
respective pages through a browser at a web server located at the site hosting the pages.
13.2 Contractor shall provide up-time and availability of the System in accordance
with Exhibit "B". The service level is measured monthly. The following is not included in
Contractor's up-time and availability computation:
1) Scheduled and planned System outages for the purpose of providing the System
Support Services. All outages are scheduled with a minimum of 72 hours advance
notice to the Purchasing Office ("TCPQ") and shall occur only during non-peak
hours unless otherwise agreed by the parties. If less than 72 hours notice is
provided or the TCPO does not approve the upgrade or maintenance period
(provided such approval is not unreasonably withheld), it is considered down-time for
the purpose of this Agreement. Upon receipt of TCPO approval, Contractor notifies
all offices and departments for which Applications are implemented of all scheduled
and planned outages.
2) A City of Clearwater office or department may at its own discretion request an
outage with respect to the System as implemented for that office or department,
which is not considered down-time for the purpose of this Contract.
3) Any system or component that is not owned, controlled or contracted by Contractor
that fails and results in an outage is not down-time for the purpose of this Contract,
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unless the cause of the failure can be shown to have been a result of Contractor's
negligence or malfeasance.
14. UPGrades and Enhancements
14.1 Contractor will provide all upgrades and enhancements, as defined herein, at no
additional charge.
14.2 For purposes of this Contract, the terms "upgrades" and "enhancements" shall
include without limitation any and all releases that have the following functions and
purposes: (i) implementing correction of System (or component application) errors or
malfunctions; (ii) adding new System features, functions and performance capabilities,
including modifications designed to meet federal, state and City of Clearwater legally
mandated requirements; and (Hi) changing the intellectual property contained in the
programs.
14.3 Contractor shall provide to the City any documentation describing the functions,
features and performance capabilities that have been modified by the upgrade or
enhancement, and shall give the City adequate notice of the availability of each upgrade
or enhancement by email within five (5) days of its publication, or as soon as practicable
thereafter.
15. Additional Services
15.1 Contractor shall perform the additional services set forth below (the "Additional
Services") according to the hourly rates specified. Upon Contractor's receipt of a written
request from the City for any Additional Service, and acceptance of such request by
Contractor, Contractor shall provide a written quotation, at no cost to the City, of the
type of Additional Service requested and the time required to complete the same. Upon
receiving the City's written approval to proceed with the Additional Service, Contractor
shall perform the Additional Service at a time mutually agreed upon by Contractor and
the City.
Additional Service
Hourlv Rate
(i) Custom Programming
(ii) Networking
(iii) Consultation
$ 80.00
$ 80.00
$ 80.00
15.2 Should the City request System "integration" services from Contractor to
facilitate integration and/or expansion of the System with other City of Clearwater
departments, such integration and/or expansion shall be considered, and billed as, one
or more of the Additional Services listed above. For any such request, the City and
Contractor shall follow the procedures described in the foregoing paragraph.
16. Communication System Only Disclaimer - Although the system is sometimes called an
online auction system, it does not perform the function of a traditional auctioneer. The City
acknowledges that Contractor's website merely provides the communication system and means
to allow the City to perform the solicitation and procurement services described in this Contract.
Contractor is not involved in the actual transaction between Vendors and Buyers. As a result,
Contractor does not verify or have any control over the quality, safety or legality of the items
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sought or offered, the identity of each Vendor, the truth or accuracy of bid information submitted
by Vendors, quotations, or statements made, or the ability of Vendor to sell or deliver products
or services. Contractor advises the City to use caution, common sense, and practice safe
trading when using the system. Contractor does not ensure that a Vendor will actually
complete a transaction.
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EXHIBIT "B"
RFP
Depot
RFP Depot
Procurement System Features
1. Bids
1.1.Bid Types
1.1.1. Sealed Bids
· The system can carry out sealed bids.
· All sensitive data for sealed bids is encrypted from the time it leaves
the vendor's computer. A secure connection using SSL encrypts the
communication from the browser to our secure web server. Our
server certificate is a 128-bit GloballD provided by VeriSign. This
GloballD uses a technology called server-gated cryptography to
ensure the highest level of encryption possible between the browser
and the server. Our system then encrypts the data as it leaves the
web server and stores it encrypted in the database. We use the
highest level of encryption dictated by Federal guidelines - the AES
algorithm. Sensitive sealed bid data never travels any network in
clear text until bid opening time. Our servers are constantly
synchronizing their time with the atomic clock signal.
· The system will allow the agency to modify what is viewable by the
vendor for tabulations throughout the bidding process (i.e., current,
held and to be awarded). However, bid specifications will be
controlled by the creator of the bid. All information will be made public
unless the bid is created as "Private", in which case only the invited
vendors will be able to view this information.
· Only users with the right to open sealed bids are allowed to unlock
the sealed bid.
· Our physical security policies restrict access to our computer room
thus increasing security of sealed bid data. Our servers are housed in
a locked secure facility with only two people having physical access
to the systems. There is 24x7 monitoring of the computer room, and
encrypted daily backups are taken offsite to two other secure facilities
in case of a disaster at our main site.
1.1.2. Reverse Auction Bids
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· The system allows agencies to carry out reverse auctions. All
parameters available for regular solicitations are available for reverse
auctions.
· Reverse auctions on RFP Depot are more like an open bid rather
than a reverse auction. Any vendor can bid any amount. If a vendor
is not able to beat the lowest price bid, unlike other reverse auction
systems, he or she can still bid and compete for second place. This
is a very important feature. Agencies can award a reverse auction on
our system like a traditional bid, which is not exclusively determined
by price. The value of this feature is evident when the lowest bidder
does not meet required qualifications or specifications set forth by an
agency.
· Bids are automatically extended if a vendor submits a price lower
than the current lowest price during the last 5 minutes of the bid.
· The use and length of extensions can be customized for each
agency. By default, bids are extended in 5-minute increments.
· The soliciting agency has real-time access to the bid activity.
· The soliciting agency has real-time access to an online graph of the
bid prices.
· Identity of all bidders is hidden until awarding takes place.
· The system complies with all Federal guidelines created by the GSA
regarding reverse auctions.
1.1.3. Customizable Bid Parameters
· The system supports multiple bid types such as RFP, RFQ, RFI,
RFB, etc. Each of these parameters can be customized by each
agency regarding the use of sealed bidding, newspaper
advertisements, pre-bidding period length, etc.
1.1.4. Quick Quotes
· Bids can be made as short as the soliciting agency desires. If the bid
is short, vendors are immediately notified of quick quote requests and
encouraged to respond promptly.
· Quick quotes can be handled as reverse auctions with a very short
bidding period, or as regular sealed bids.
· Agencies that have involved our Vendor Support Team in quick
quotes have found their help invaluable to the success of the quote.
1.1.5. Public, Private and Regional Bids
· Public bids are also known as open market bids. Private bids are
also known as restrictive competitive bids. The system allows for
both types of bids.
· For public bids, RFP Depot offers the help of our Vendor Support
Team to recruit as many vendors as possible and thus increase
competition. Our team is well aware of qualification restrictions and
understands the importance of working under the strict guidelines of
the soliciting agency.
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· For private bids, only the vendors chosen by the agency are allowed
to see and participate on the bid.
· RFP Depot also allows agencies to create regional bids. A regional
bid favors vendors located within a given geographical area. The
area is defined based on miles around a zip code. Regional bids
behave like public bids in that all vendors are allowed to participate.
However, notification is sent to only qualifying vendors. Vendors
outside of the region are clearly warned that they may not qualify
when they participate in the bid.
· Any bid can be made public, regional, or private.
1.1.6. Lot and Spreadsheet Bids
· The system allows bids to be created with multiple items per lot and
multiple lots per bid.
· The system allows bids to be created in a spreadsheet format. A
spreadsheet allows a set of items to have multiple criteria for bidding.
This is particularly useful on certain construction contracts.
· For advanced users bids the system allows bids to be created with
multiple lots and multiple spreadsheets.
· Vendors are able to respond easily to complex bids because the
system is able to present all bids in a simple and standard way.
· Any bid can be created with lots and spreadsheets.
1.1.7. Notification-Only Bids
· Vendors are notified of the bid but are unable to enter their
responses online.
1.2. Pre-Bidding Period
· Bids can have a pre-bidding period defined. During the pre-bidding period,
the bid becomes public and thus accessible to vendors, but bidding is not
yet allowed.
· During the pre-bidding period, vendors can review all of the bid information
and can submit any questions they may have (see Questions and Answers
section below).
1.3. Bid Number
· Agencies can define the bid numbers used on their bids.
· Agencies can also define a format to use for bid numbers and the system
will automatically assign a number created using the given format. The
format is very flexible and can accommodate any agency's requirement.
1.4 Suggested Vendors For Bids
· Our system provides a powerful tool during the bid creation process to
suggest vendors that may be interested in the solicitation. The vendors
suggested are based on the bid classifications, and geographical region.
· The agency will be able to continue to select vendors from whom
solicitations will be sought. This "suggested vendors" feature is intended to
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supplement the agency's list in cases where the agency desires to expand
or increase the list of vendors.
1.5 Multiple Pricing Types
· On some bids an agency may be interested only about the total price for a
set of items since vendors will be awarded all or none of the bid. On other
bids however, the agency may be interested on pricing for each individual
item independently since vendors might be awarded part of the bid. The
system allows for both types of bids to be created.
· Items can be marked as percent responses from vendors. For example, a
bid requesting percent discount from a catalog price. For reverse auctions,
percent bids extend when the percent increases.
· Items can also be marked as NOT requiring a price response from the
vendor at all.
· Any bid can leverage the available pricing options.
1.6 Bid Attachments
· The system allows the agencies to upload any type of attachment (Le. word
docs, cad files, spreadsheet files, PDF files, etc.). There is no limit to the
number of attachments an agency may upload for a given bid, or to the size
of the attachment.
· All attachments are automatically scanned using a virus scanner.
· All attachments are automatically converted to PDF format to facilitate and
enhance vendor participation. The original and PDF versions are always
available.
1.7 Changes and Addendums
· All bids can be amended and all participating vendors will be notified by
email and/or FAX of the changes. All the changes are also clearly displayed
on the bid.
· A comprehensive audit-trail is kept for all changes made to a bid before and
after it is released.
1.8Temporary Work Area for Bids
· When a bid is created it is not automatically released to the public. The bid
is placed in a work area that belongs to the agency. RFP Depot calls this
work area the Held area.
· Held bids are not visible to the public and can be edited or deleted at any
time by the agency. The Held area allows an agency to work on complex
bids at their own schedule without worrying about vendors seeing the bid.
Any information can be edited while the bid is in held.
· The Held area would allow agencies to setup a review process for all bids
that get released. Namely, some users can be restricted to only create held
bids. Thus, the bid must be reviewed before being released to the public.
Some agencies may thus choose to delegate bid creation to their
departments while still maintaining control at the Purchasing Office.
1.9lmport of Bids from External Systems
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· Bids can be created or modified from Excel spreadsheets.
· Bids can be created or modified from XML files.
1.10 Questions and Answers
· Each bid has a questions and answers section. The questions and answers
section provides a way for agencies to no longer have to do pre-bid
conferences.
· Each vendor has the ability to ask any question of the agency. The
question may be related to the bid as a whole or related to a particular item
on the bid.
· Agencies will receive notifications when they have new questions to answer,
and they can clearly see online when a new question needs to be answered.
· Each question can have multiple answers.
· Questions can only be created before the bids ends. However, agencies
and vendors can view every question and answer even after the bid ends.
· The system puts a date and time stamp as to when the question was asked
and when it was answered.
1.11 Online Pre-Bid Conference
· Agencies can conduct online pre-bid conferences through the RFP Depot
system.
· Minutes and transcripts are automatically made available to the Agency and
the Vendor after the conference is complete.
· Agencies can mark the conference for required attendance.
· Vendors and Buyers receive an automatic Email reminder 24 hours prior to
the conference.
· Agencies can mute vendors during the conference. Vendors have to take
turns asking questions.
1.12 Advertise Bids
· The system is designed to allow agencies to notify newspapers or any
advertiser of upcoming bids. The notification can be done via FAX or email.
· Agencies can enter and modify at any time the list of newspapers to be
notified.
· Agencies can enter an optional paragraph that will be sent to the
newspapers when a new bid comes out. The system will automatically
include all the additional pertinent information regarding bid duration,
description, etc. on the notification.
1.13 Bid PDF Document
· RFP Depot's system can create a single PDF document that contains all
information for the bid. This includes all documents, attachments, and line
items.
1.14 Retraction
· If circumstances warrant it, agencies may retract a currently running bid. All
vendors who were chosen, or all who have bid, will be notified of the
retraction.
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· Retracted bids cannot be awarded.
1.15 Awarding
1.15.1 Pre-award Review
· When a bid ends it is placed in a section called "To Be Awarded".
While in this section, the agency may review the bid responses and
pre-select the winning vendor or vendors.
· Agencies can keep bids in the "To Be Awarded" section as long as
necessary.
· Vendor selection can be changed any number of times. The system
always saves the most recent selection.
· During the review period all of the vendor prices, attachments, notes,
and responses to online forms are easily accessible.
· The selection process allows for partial awarding of the bid.
· Pre-award review is a privilege separate from actual awarding.
Agencies may delegate the ability to pre-award a bid to their
departments, while still maintaining control of the actual awarding
process at a central location. This has been particularly useful in
construction bids.
· The tabulation screens will display vendors that partially bid on items
as well as vendors who submitted a No-Bid response.
1.15.2 Opening of Sealed Bids
· Sealed bids remain encrypted in the system until the soliciting agency
takes explicit steps to open the bid. Only users with specific
privileges are allowed to decrypt sealed bids.
· If requested, the system will automatically notify vendors when the
bid is decrypted. Vendors may also check the system to determine if
a bid has been decrypted.
1.15.3 Visibility of Response Data
· We recognize that each agency, and sometimes each bid, may have
different rules for allowing information to be displayed during and
after the awarding process. Therefore, each bid can be customized
to show or block certain information from vendors and agency users.
· Agencies can change how vendors view the following data:
o Prices
o Vendor attachments
o Vendor notes
o Winning vendor
o Participating vendors
· Agencies can choose to hide pricing information from a bid during
the pre-awarding period. In other words, although vendors enter
pricing information, that information is hidden until a user with the
correct privileges requests to display the prices. Price hiding has
been used by several agencies to enforce a pre-selection of vendors
based on non-price issues.
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1.15.4 Vendor Diversity Goals
· Vendor Diversity Qualifications are displayed on the awarding
screens thus aiding agencies in meeting established goals.
· The system records, remembers, and displays the qualifications held
by each vendor at the exact time the bid ended. This is an example
of the many audit trails available within the system.
1.15.5 Tabulation Reports, Packets and Printing Services
· Several online tabulation reports are available to the agency to help
them during the award process.
· Agencies can generate a single PDF report containing all vendor
responses (including all vendor attachments) for a particular bid. We
call this PDF file a tabulation packet. This has proven to be an
extremely valuable tool for agencies that want individual departments
to review the responses. Buyers can generate the PDF tabulation
packet and send an email through RFP Depot to internal users so
they can download the PDF and review the data.
· Excel Tabulation, Tabulation Reports, and Line Item Tabulations, and
Electronic Tabulations are all available on the RFP Depot system.
1.15.6 Manual Data Entry of Paper Bids before award
· Although vendors are expected to respond electronically, we
recognize that some agencies may still want to allow paper
responses in special cases. The system provides agencies with the
ability to manually enter paper responses into the system before bid
tabulation and awarding.
1.15.7 Awarding the Bid
· Once an agency has completed reviewing a bid and making their
desired vendor selection, the agency can proceed to award the bid.
· Awarding a bid means that either contracts or purchase requisitions
will be created for the selected vendors.
· Vendors will be notified that the bid was awarded and told whether or
not they were selected.
· Agencies are not always required to award bids to the vendor with
the lowest price. We understand that oftentimes criteria other than
price factor into the awarding process. The system thus allows the
agency the flexibility of using multiple criteria to award the bid to any
single or multiple vendors.
1.15.8 Cancel Award
· Agencies may choose to throwaway a particular bid after it finishes.
Bids do not have to be awarded.
· All participating vendors will be notified that the bid was not awarded
to anyone.
1.15.9 Awarding and pre-awarding are both privileges and can thus be restricted
to specific users.
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1.16 Bid Library
· All bids in the system are part of a library that an agency can use to create
new bids. At any point in the lifetime of a bid (held, public, pre-award,
history) that bid can be used as a template to create new bids. The original
data is preserved intact, including attachments and documents.
· Furthermore, all ended bids from other agencies can be used as templates
by any other agency within the system. Again, the original bid is preserved
intact.
2. Cooperative Purchasing
2.1. Coop Capability
· By using cooperative purchasing practices agencies throughout the country
have experienced increased vendor participation and lower prices. RFP
Depot is proud to be the foremost leader with the tools necessary to build
and grow the coop ability of our customers.
· Coops allow agencies to share, discuss, and pool resources for bids and
contract negotiations.
2.2. Cooperative Bids
· Any agency within the coop may choose to enable coop participation on any
bid they create. Enabling coop participation allows other agencies in the
coop to increment the quantities for items in the bid and specify delivery
locations for their items.
· Vendors are able to see the breakdown of multiple delivery locations and
quantities for a given bid, although they respond to the total quantities.
· The originating agency owns and controls the bid process, deciding when
the bid is released, when it ends, and when and how it is awarded.
Tabulation reports for the originating agency display only their own
quantities, although the coop quantities are always accessible.
· Coop participation takes place while a bid is in the Held area.
· Coop members can find out about bids in multiple ways:
· Using the system, the originating agency can notify all coop
members that a coop bid is available; an emaH is sent to the coop
members.
· The system contains a calendar of events for the coop. The
calendar displays any event agencies decide to create, plus it
automatically lists coop bids and their tentative release date.
· Agency users may choose to have RFP Depot notify them when
bids in certain classifications are available.
· Each cooperative bid contains a message board that agencies can use to
discuss the bid and exchange specifications or ideas.
· The Bid Library capability is enhanced to include all members of a coop. In
other words, a coop agency may view and copy any bid created by another
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coop member regardless of the status of the bid. For agencies outside of
the coop, only bids in history are available.
· Accessing coop resources can be restricted to certain users within the
agency.
· Once the bid is awarded, a contract is created for each participating agency
for the requested quantity.
.
2.3. Cooperative Contracts
· A coop agency may browse and purchase from contracts owned by another
coop member as though the contracts belonged to them.
· The agency that owns a contract can easily view the orders placed on that
contract by other agencies.
2.4. Sponsored Bids
· Agencies may request to become sponsors of a particular bid. Sponsored
bids prominently display the sponsor's logo on the bid.
· The fee structure for winning vendors on sponsored bids is different than
regular bids. The difference of the fee collected is given to the sponsoring
bid.
· Sponsorship of bids is handled on a case-by-case basis based on an
agency's request.
3. Document Manager
· Each agency has a document manager at their disposal as part of the system.
The document manager allows agencies to maintain a set of documents that are
often used in solicitations. Agencies can create and upload any document or
form, and then attach those documents or forms to any bid. Vendors will be
asked to review, complete, and agree to the documents selected before they bid.
· A powerful archival feature remembers vendor responses to forms at the exact
time a bid closes.
· A form or document can be made mandatory in which case vendors are required
to accept the document before bidding can take place.
· Vendors can be required to accept the documents for each bid, or agencies can
choose to make the answers provided by a vendor valid for a year. The system
remembers from bid to bid the vendor's information. Vendors greatly appreciate
not having to re-enter the information on every bid.
· The two most common uses of the document manager have been:
a. Bid Specifications or Compliance Forms
Vendors can enter bid specific information online and the
responses will be available during the awarding process. This
streamlines the awarding process significantly.
b. General Terms and Conditions
Gathering and storing information from vendors regarding
compliance with agency requirements has traditionally been a
tedious and paper intensive process. Using the document
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manager for managing compliance with terms allows agencies to
be completely paper-free.
4. Vendor Bid Response
4.1. Public site
· The system provides a public site where anyone can browse, search, and
view open bids from any agency. This provides universal access to bids.
· The public site allows viewing of bids by region, agency, or classification.
· The public site also provides a powerful search tool for more detailed
searching.
4.2. Attachments and notes
· The system allows the vendors to upload any type of attachment (i.e.
word docs, cad files, spreadsheet files, PDF files, etc.) with a bid
response. There is no limit to the number of attachments a vendor
may upload for a given bid response, or the size of the attachments.
· All attachments are automatically scanned using a virus scanner.
· All attachments are automatically converted to PDF format to
facilitate the review of response by the agency. The original and PDF
versions are always available.
· Vendors can also use a notes field to further explain or qualify each
response.
4.3. Responses
· Vendors are not forced to bid lower than the current minimum amount.
(Please see the Reverse Auction section above.)
· Vendors can edit their responses at any time during the bidding period.
· Vendors can submit an unlimited number of alternate responses for any
item in the bid; provided the soliciting agency permits submission of such
alternates.
· Vendors have the option to place a No-Bid response for any bid. The no-bid
response contains a notes area where the vendors are able to explain the
reason for not bidding. Using the system to enter a no-bid response allows
for improved tabulation and reports for the agency.
· Questions on a bid can be asked to the agency through the site on a bid-by-
bid basis. These questions can also be answered by the agency on through
the site. All questions and answers remain on the site for documentation
and better communication between vendor and agency.
4.4. Notifications to Vendors
· Vendors chosen by an agency to participate in a bid are immediately
notified when the bid is released to the public.
· The system provides multiple ways for vendors to find bids:
· Vendors can view a public website for opportunities.
· Vendors can sign up to be notified of solicitations matching
their region and classification selections.
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· Vendors will be notified when they are specifically chosen by
an agency to participate in a bid.
· Vendors can chose what notifications they want to receive.
Notifications related to bids are:
. Invitation to Bid
. Matching Bids Available
. Bid Addendums
. Bid Retracted
. Bid Decrypted
. Bid Awarded (whether selected or not)
· Confirmation em all when a response is submitted for a bid
· Vendors can select to be notified via email and/or fax.
4.5. Vendor Support Team
· If an agency has no vendors for a specific line item our Vendor Support
team will assist the agency in locating vendors to bid on it. This feature is
intended to supplement the agency's existing vendor list.
· If an agency already has some vendors for bidding on a line item our team
will find additional vendors that meet or exceed the agency's requirements.
· Vendors have free ongoing access to our support staff during normal
business hours. Our support team will guide vendors of any size and all
degrees of expertise through the bidding process. Our staff is trained to
respond to all questions regarding our systems and clearly understands that
the agency must answer bid related questions. The quality of our support
team and the service they provide is unparalleled.
5. Reports
5.1. Web Reports
· These reports are provided as web screens (HTML) that display information
regarding a certain feature within the system.
· Web reports are located in the section that applies. For example, the
contract list for a vendor is located in the vendor administration area next to
each vendor.
· The following web reports are available:
· Contracts for a vendor
· All bids ended or awarded during the previous month.
· Orders for a vendor
· Orders from a contract
· Requisitions associated with an Order
· Orders associated with a requisition
· Bidding Analysis
· Bid Recap
· Contract History
· Purchase Requisition History
· Order History
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5.2. Ad-Hoc Online Reports
· The system contains a reporting tool that is easy to use, yet flexible enough
to generate several different types of reports.
· The reports are generated as PDF documents that agencies can download
and print.
· The tool is divided into sections for the different parts of the system: Bids,
Contracts, Requisitions, and Orders. All of these sections are located
together under the reporting area.
· The reports are built by entering the filtering criteria and then checking the
desired columns from a list. Agencies do not need to understand how the
data is stored in the database, or remember complicated field names.
Building a report is as simple as using a search tool.
5.3. Custom Reports
· We understand that every agency may have different reporting needs. As
such, we are prepared to create the reports, or provide a specialized
reporting tool so the agency can generate their own reports.
· These reports can be PDF, downloadable data files, or web screens
(HTML).
· Our support team will work with the agency to create a detailed description
of the desired reports. Once the report is defined, our support team will
coordinate with engineering to build the desired functionality
6. Vendor File Management
6.1. Universal Vendor File
· All vendors in the system are shared by all agencies thus creating a
Universal Vendor File.
· Agencies can select any vendor from the Universal Vendor File at any time.
6.2. Agency Vendor File
· Each agency can select a subset of vendors from the Universal Vendor File
as their own vendor file.
· Agencies can remove or add vendors from their vendor file at any time.
6.3. Supplemental Vendors
· Agencies can add supplemental vendors using the "Quick-Add" Vendor
functionality. Minimal information is required to add a supplemental vendor.
· Our vendor support team will follow up with the supplemental vendor
registration, contact the vendor, and complete the process. This powerful
synergy between the agencies and our vendor support team helps agencies
save time in dealing with vendors, and helps the vendors get increased
exposure to buyers.
6.4. Vendor Rating Visible Only to Agencies
· Agencies can rate vendors on a scale of 1 to 5 on the following criteria:
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Shipping
Customer Support
Quality of Goods/Services
Value (Price vs. Quality)
· Agencies can view the national average and number of votes for each
criterion.
· Agencies can add rating comments on a vendor. The rating comments are
visible to all other agencies in the system.
6.5. Online Registration
· Registration is free to all vendors.
· Vendors register online in 5 easy steps.
· Once a vendor is registered and our Vendor Support Team has verified their
information, the vendor has immediate access to all agencies.
6.6. Block Vendors from Participating in Bids
· Agencies can chose to block any vendor from participating on any of their
future bids. The reason given for blocking will be given to the vendor when
they attempt to respond to a bid.
6.7. Easy to Access Vendor Information
· The vendor file is accessed through a search tool that provides the following
search criteria:
Agency vendor file, or Universal vendor file
- Vendor company name
Vendor Codes - each agency's unique code for a vendor
DUNS number
Vendor Classifications
Vendor Regions
Located X miles from a given ZIP code
Diversity Vendor Qualifications
Other criteria may be added upon request.
· Vendor information is always available. Anytime the vendor name is
displayed in the system it is always a link to the vendor information.
6.8. Vendor Self-Administration
· Vendors maintain their own information via an online administration tool.
The tool allows the vendor to easily update their users' and company
information, such as addresses, contact information, commodity codes,
regions served, diversity qualifications, etc. This tool is very similar to the
agencies' self-administration tool.
6.9. Agency Maintained Information
· An agency can choose to maintain its own list of contacts for the vendor.
· An agency can choose to create notes for its own use regarding the vendor.
These notes are separate from the rating comments. The vendor notes are
122070-1 161.
31
Item # 24
Attachment number 1
Page 33 of 37
only visible to the agency creating them. The rating comments are visible to
all agencies.
6.10. Vendor Management is a privilege and can thus be restricted to only
certain users.
7. Vendor Diversity Goals
· Each agency can select or create the qualifications that are important to them.
· All agencies in the same region can share qualification descriptions.
· Qualifications can contain required or optional fields that vendors must fill out.
For example, in the State of 1 the HUB qualification requires a HUB registration
number.
· Vendors do not have to fill out qualification information for each agency
individually. RFP Depot is programmed so that when a vendor enters a certain
qualification, that response is available to all agencies.
· Vendor diversity qualifications are always accessible with the vendor's
information. The qualifications are also prominently displayed during bid
awarding. _
· The system provides a powerful audit trail so that you can view at any time in
the future what qualifications existed for a given vendor at the time a bid ends.
8. Agency Self-Administration Tool
8.1. Users
· Allows adding new users.
· Allows editing existing users.
· Access only the users associated with your agency.
· Grant or revoke a user's privileges. The system automatically adjusts what
users see on their screen based on the privileges a user has. An audit trail
is maintained of when users where given certain privileges and when those
privileges were revoked.
· Create new users by copying existing users. Each user can be used as a
template to create new users.
8.2. Address Manager
· Agencies can maintain a list of all shipping locations.
8.3. Vendor Diversity/Qualification Definition
· Vendor Diversity Qualifications that are important to the agency are defined
using the administration tool.
· Please see Vendor Diversity Goals section.
8.4. Agency Administration is a privilege and can thus be restricted to only certain
users.
122070-1 161.
32
Item # 24
Attachment number 1
Page 34 of 37
9. Monthly CDROM Extract
· Each agency receives free of charge a CDROM containing all their activity
for the previous month.
· The CD contains:
- All bids ended or awarded during the previous month.
- All contracts created or changed during the previous month.
- All requisitions created, approved or denied during the previous
month.
- All orders placed.
- All orders whose shipping or receipt status changed during the
previous month.
· The CD is completely self-contained and only requires a web browser for
viewing. The information is displayed in the same format as the live site
thus requiring no additional training or involvement from the Agency's
Technical Staff.
· The CD satisfies a requirement that many agencies have for hard copy of
the procurement activity.
· All information associated with each item is also stored on the CD. For
example, all bid attachments are included.
· The bridge uses encrypted XML internal to provide integration
services. Agencies however, can be insulated from the XML exchange through
a translator that is custom written by RFP Depot for each agency.
10. Infrastructure
10.1. Auditing
· RFP Depot was developed exclusively for public agencies. The entire
system has been built with a very strong emphasis on audit trails. User
level assignments and vendor diversity goal changes are two audit trails
already mentioned. Other examples of audit trails, although most definitely
not a complete list are: requisition workflow definitions, bid addendums, user
logins, vendor order fulfillment, requisition changes made during the
approval process, bid changes made by vendors during the bidding process.
· Our company goal is to provide a system that will aid and protect our public
agency customers during procurement practice audits.
· All information regarding a bid and bid responses is maintained in the
system for at least 7 years and available to all agencies and vendors. It is
important to note though, that depending on State laws, some agencies may
request that certain information be kept private. The system allows each
agency to customize the availability of historical information to the public
depending on their circumstances.
· All information regarding orders is maintained in the system for at least 7
years and available to the agency and vendor.
122070-1 161.
33
Item # 24
Attachment number 1
Page 35 of 37
10.2. System Architecture
· The system is provided entirely as an ASP solution. There is no third party
software required to use the system.
· All upgrades and enhancements to the system are provided to the agencies
and vendors free of charge.
· Only an internet-enabled computer and a web browser are required to
access the system.
· The system is a real-time bidding and purchasing system, created using a
multi-tiered software architecture with built-in redundancy and fail-over
capabilities.
· The system runs on an Oracle database and employs Unix servers. All
systems are housed in a secure facility and are available 24 hours a day, 7
days a week, all year round. We can guarantee uptime of 99.8%, although
our measured uptime for the last year (excluding scheduled downtime for
upgrades) has been 99.977%. All scheduled upgrades are performed
between 11 :OOpm MST and 3:00am MST.
· Offsite backups are performed nightly to 3 separate locations. One of those
locations is out of state.
10.3. Web Accessibility Standards
· RFP Depot strives to maintain the standards of the Web Accessibility
Initiative created by the World Wide Web Consortium. These requirements
include areas such as:
· Providing a text equivalent for every non-text element (e.g., via
"alt", "longdesc", or in element content).
· Organizing documents so they may be read without style sheets.
For example, when an HTML document is rendered without
associated style sheets, it must still be possible to read the
document.
· Using the clearest and simplest language appropriate for a site's
content.
· RFP Depot meets all but one of the Priority Level One Checkpoints. We
cannot meet the checkpoint for having pages accessible without scripting,
because we use JavaScript and Cookies as a method to gain access to the
site and maintain session data. We understand the importance of making
our website accessible to all individuals, and therefore make a concerted
effort to fit the standards of the Web Accessibility Initiative where possible.
We welcome all feedback regarding making our site more accessible.
10.4. Privacy Policy
· RFP Depot values and respects the privacy and security of the data we
collect from our customers. Our privacy policy is always available from our
web site.
10.5. NIGP Classifications
122070-1 161.
34
Item # 24
Attachment number 1
Page 36 of 37
· The system uses the NIGP Commodity Code Classification for all bids,
vendor registration, and keyword searches. The code is updated regularly.
10.6. Customizations
· We understand that each agency has different procurement processes. It
has always been our goal is to make our product fit the agency's processes,
not the reverse. To this end, we have built the system so that wherever
possible we can customize it to meet the needs of each agency.
· We provide training for each individual agency. We have a department
dedicated to training and helping agencies use the system.
· Each agency is given their own non-commercial presence, effectively their
own site within RFP Depot.
· Each agency will have their logo displayed on their agency-site within the
system
122070-1 161.
35
Item # 24
Attachment number 1
Page 37 of 37
RFP Depot, LLC
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122070-1 161.
36
Item # 24
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
A ward a contract to State of Florida, Department of Management Services, Tallahassee, Florida - Suncom long distance service,
State AIN lines, Toll free lines, and ISDN lines during the period October 1, 2007 to September 30, 2008 at a cost not to exceed
$207,300 and authorize the appropriate offcials to execute same. (consent)
SUMMARY:
The Deptment of Management Services - $207,300
- Toll Free number into the network $650
- Centranet lines (462 numbers) for the outlying individual sites $192,850
- Domestic long distance calls through Suncom. - $12,000
- ISDN lines for teleconferening at the Police Department - $1800
Cost for these services are level from last year and are down approximately $10,000 from 2005.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Operating Expenditure
No
Budget Adjustment:
None
$207,300.00
10/1/07 to 9/30/08
Annual Operating Cost:
Total Cost:
Appropriation Code
0555-09865-542100-519-000-
0000
Review Approval: 1) Clerk
Amount
$207,300.00
Appropriation Comment
Cover Memo
Item # 25
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) to Oracle USA Inc., Chicago, Illinois during the period October 1,2007 through September
2008 at a cost not to exceed $187,000 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This is an annual contract for Peoplesoft (Payroll system), Oracle (database licensing), and SPL/Synergen maintenance (asset
management system). Last year's maintenance to Oracle was for $195,000, however, a reduction in the number of Oracle Database
Licenses has reduced our overall maintenance fee by $8,000.
Appropriation Code
0555-09864-546200-519-000-0000
Amount
$187,000.00
Appropriation Comment
Review Approval: 1) Clerk
Cover Memo
Item # 26
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract to Sprint/Nextel, Los Angeles, California - Cellular/radio and Treo service during the period October 1,2007 to
September 30, 2008 at a cost not to exceed $214,160, under State Contract 12-00115 and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
This is a renewal of service for the City's cell phones. There are currently 547 cell phones in the city's inventory. Thie number
of units has been relatively constant over the last 5 years, however the cost for services has decreased approximately 10% over the
same time period.
Appropriation Code
0555-09865-542100-519-000-0000
Amount
Appropriation Comment
Review Approval: 1) Clerk
Cover Memo
Item # 27
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) to Verizon, Florida, Inc. Saint Petersburg, Florida - Telephone service including frame relay
internet service, Tl's, Centranet trunks, directory advertising, and credit/collect calls during the period October 1,2007 through
September 30, 2008, at a cost not to exceed $470,730 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Verizon Purchase Order: $470,730
- Frame Relay, Point to Point Tl's, & Radio circuits for connectivity for the network. $340,130
- DID numbers (all the 562-4000 numbers) & ISDN/Tl circuits - the Tl circuits for al the incoming and outgoing calls for the
PBX network. $78,000
- Yellow page advertising - Library, Marina, Solid Waste, Gas $30,600
- Trunks for New Port Richey and Tampa dialing access - $9000
- Back-up trunks for PBX network (in case the Tl's fail) $13,000
Cost for the services in the previous fiscal year were approximately $473,000. This years costs represent a very small decrease of
$3,000.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Operating Expenditure
None
Budget Adjustment:
None
Annual Operating Cost:
Total Cost:
10/1/07 to 9/30/08
Appropriation Code
0555-09865-542100-519-000-
0000
Review Approval: 1) Clerk
Amount
470,730.00
Appropriation Comment
Cover Memo
Item # 28
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December 1, 2007 to November 30,2008, a
one year period, for the collection of daily parking fees at Seminole Launch Ramp for twenty-five percent (25%) of fees collected
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City has been renewing the agreement for sale of parking permits on a year-by-year basis for several years now. This is due to
the anticipated sale/development of the property adjacent to the City site.
In return for collecting the daily launch fees; Decade Properties retains twenty-five percent (25%) of the money collected. The City
receives seventy-five percent (75%) of the daily parking fees. Monthly and yearly parking permits are sold at various City
locations, not by Decade Properties, and are not part of this agreement.
Review Approval: 1) Clerk
Cover Memo
Item # 29
Attachment number 1
Page 1 of 2
AGREEMENT
The CITY OF CLEARWATER, a Florida municipality, hereinafter called "City",
and Decade Properties, Inc. d/b/a "Clearwater Bay Marina", whose address is Suite
1 00, N 19W24130 Riverwood Drive, Waukeshau, Wisconsin state the following:
1. The City has improved the area known as the Seminole Street Launch Ramps
and, in order to defray the cost of the improvements and provide funds for future
maintenance, will charge a parking fee as described herein.
2. Clearwater Bay Marina owns property adjacent to the Seminole Street Launch
Ramps, whereon it operates a facility known as the "Little Boat House", which
offers bait, tackle, supplies and other services to boaters. The principal public
access to the "Little Boat House" facility is from the Seminole Street Launch
Ramps and Clearwater Bay Marina desires that the public access be continued.
3. The City is interested in having Clearwater Bay Marina collect daily parking fees
only, and Clearwater Bay Marina is agreeable to collecting said fees on behalf of
the City.
4. The City desires that a concession facility offering bait and tackle, boat supplies
and similar items, public restrooms and services be operated on or adjacent to
the said Seminole Street Launch Ramps for the convenience of the public.
NOW, THEREFORE, in consideration of the mutual benefits to be achieved, the
parties agree as follows:
A. The term of the agreement shall be for a one-year (1) period commencing
on December 1,2007, and ending on November 30,2008.
B. The parking fee shall be that amount established by the City as a charge
for the parking of vehicles and trailers, or both, at the parking ramp facility. The
parking fee may be amended by the City at the City's option during the term of
the agreement.
C. Clearwater Bay Marina shall collect daily parking fees in the manner
specified by the City and shall account for collected fees utilizing forms provided
by the City. Seventy five percent (75%) of all collected fees shall be remitted to
the City on a bi-weekly basis and twenty five percent (25%) of the collected fees
may be retained by Clearwater Bay Marina as a collection fee. The City will
retain 100% of parking fees for Seminole Launch sold at City locations. All
collection records shall be subject to inspection by the City during the normal
business hours of the City in the offices of Clearwater Bay Marina or the City.
D. Clearwater Bay Marina shall operate the concession facility and collect
parking fees from 6:00 AM to 6 PM Monday through Friday, and 6 AM to 7 PM
Saturday and Sunday every day of the year except Christmas Day, weather
permitting. The City Marine & Aviation Director or his designee's approval shall
Item # 29
1
Decade Properties, Inc.
Attachment number 1
Page 2 of 2
be required at any time the concession is not operated and parking fees are not
collected due to adverse weather conditions.
E. Clearwater Bay Marina shall maintain and operate the concession and
restroom facilities in a neat, clean and orderly condition during the term of this
agreement and to charge no fee for use of the restrooms. The City agrees not to
operate or permit to be operated similar or competitive concession facilities on
the Seminole Street Launch Ramp property during the term of this agreement.
F. Clearwater Bay Marina, in the operation of its facility, shall not be deemed
to be an agent of the City except for the limited purpose of collecting the parking
fees as provided herein.
G. Clearwater Bay Marina shall be responsible for compliance with the
Americans with Disabilities Act (ADA) when selling parking permits by installing a
buzzer, with sign, which will allow a Clearwater Bay Marina employee to assist a
disabled person at the entrance to the "Little Boat House".
H. This agreement may be terminated by either party upon sixty (60) days
notice.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal this
of 2007.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Camilo Soto
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Decade Properties, Inc.
By:
Jeff Keierleber, President
Decade Properties, Inc.
Item # 29
2
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a three-year Partnership and Operational Support Agreement from October 1, 2007 - September 30, 2010, between the
City of Clearwater and The Bethany Education and Human Services Program, Inc., for the use and supervision of the Holt A venue
Youth Center located at 1250 Holt A venue and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City Council approved a similar agreement with the Bethany Education and Human Services Program, Inc. (Agency) in
October, 2004, for the use of the Holt A venue Youth Center.
The Agency has completed three successful years at the Holt Center and has requested to renew the agreement under the same
terms and conditions as the first agreement for an additional three years with the option to renew three more three-year terms.
This agreement will allow for the Agency to continue conducting educational and cultural programs for the benefit of
approximately 210 neighborhood and Clearwater area youth. Some of the core programs include academic achievement programs,
computer technical skills programs, student self-esteem programs and cultural enrichment programs.
The Agency will continue to provide an annual report of activities consisting of the number of clients served, costs of such service,
commentary on the viability, effectiveness, and trends affecting the program and success of same; and provide an annual audit and
management letter.
The Agency is responsible for all daily maintenance of the facility and will pay all operating expenses associated with the Center
including but not limited to electric, water, sewer, solid waste bill for dumpster, custodial and all other interior and exterior
building maintenance.
The City will provide no funding or other in-kind services under this agreement with the exception of providing lawn and
landscape maintenance for all areas around the Center.
Review Approval: 1) Clerk
Cover Memo
Item # 30
Attachment number 1
Page 1 of 8
AGREEMENT
This Partnership Agreement is made and entered into between the City of Clearwater, whose
address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-
4748, ("City''), and The Bethany Education and Human Services Program, Inc., a non-profit
corporation of the State of Florida, whose address is: 1325 Springdale Street, Clearwater, FL
33755, ("Agency").
WHEREAS, it has been determined to be highly desirable and socially responsible to provide
activities to build and foster the confidence, educational, cultural and social skills and good
habits in young people; and
WHEREAS, the City desires to provide programs and activities as a means to help young
people; and
WHEREAS, the Agency has established programs that provide educational, motivational and
cultural activities for youth in Pinellas County; and
WHEREAS, the Agency has successfully provided these programs at the City-owned Holt
Avenue Youth Center for the past three years; and
WHEREAS, the City owns the Holt Avenue Youth Center Building, ("Center"), located at 1250
Holt Avenue, Clearwater; and
WHEREAS, the Agency desires to continue to partner with the City in providing educational,
motivational and cultural programs by continuing to run the day to day operations and offering
programs at the Center; and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
Initial Term: The term of this agreement shall be for a period of three (3) years, commencing
on the 1st day of October, 2007 ("Effective Date") and continuing through the 30th day of
September, 2010 ("Termination Date") unless earlier terminated under the terms of this
agreement.
Options To Renew: This Agreement may be extended by mutual written agreement of the
parties for three (3) additional periods of three (3) years.
ARTICLE II. CONSIDERATION
In addition to providing the services as provided for herein, the Agency agrees to pay and the
City agrees to accept the total sum of One Dollar ($1.00) as consideration during the term of this
agreement, the receipt of which is hereby acknowledged.
Item # 30
Attachment number 1
Page 2 of 8
ARTICLE III. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: The Agency shall provide at a minimum the following
servIces:
a) Programs: Conduct educational and cultural programs at the Center for the benefit
of approximately 210 neighborhood and Clearwater area youth. Some of the core
programs to be provided are as follows:
i) Academic achievement programs
ii) Computer technical skills programs
iii) Programs to improve student self-esteem
iv) Cultural enrichment through cultural awareness programs
b) Assistance to the City: Provide Agency personnel and volunteers to operate and
provide programs at the Center.
c) Supervision of Recreation Grounds: Supply the necessary leadership and
supervision to conduct Agency activities on the recreation grounds adjacent to the
Center.
d) Hours of Operation: The Agency will provide programs and activities at the Center
on a daily basis.
2. Area to be Served: Services rendered through this agreement shall be provided within
the corporate limits of the City as it now exists and as its boundaries may be changed
during the term of this agreement. The primary target participant group shall reside in
areas of the City with the 33755 zip code.
3. Use of Holt Avenue Youth Center:
a) No Illegal Use: The Agency promises and agrees that it will make or allow no
unlawful, improper or offensive use of the premises. Further, the Agency
understands and agrees that this provision specifically prohibits, among other acts,
the sale, consumption or use of alcoholic beverages or controlled substances
anywhere in, on or around the Center and those adj acent areas used by the
Agency.
b) Rules for Use: Rules and regulations governing the use of the Center may be
established by the Agency, providing they are not in conflict or inconsistent with
the ordinances, policies or operating rules of the City or this Agreement. Such
rules and regulations developed by this Agency may provide for and allow
reasonable user fees to be retained by the Agency.
c) Inspection by City: The Agency understands and agrees that the Center premises
may be entered and inspected at any time by the City's officers, agents and
2
Item # 30
Attachment number 1
Page 3 of 8
employees. The City shall notify the Agency at least 48 hours prior to any
inspections unless entry is necessary due to an emergency as determined by the
City in its sole discretion.
d) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Agency promises to observe all City
ordinances.
e) Signage: The Agency may place an identification sign on the Center or in the
park according to City codes with approval from the City at the Agency's
expense.
f) Structure: No permanent alterations or improvements to the interior or exterior
of the building may be made without the written consent of the City. Any
permanent structural additions approved by the City will become City property
upon termination or expiration of this Agreement.
4. Maintenance of the Center by the Agency.
a) Custodial Maintenance: The Agency shall maintain the Center and adjacent
areas used by the Agency in a clean and orderly condition.
b) Grounds Maintenance: The Agency shall maintain the grounds and parking lot
surrounding the Center from all trash and debris.
c) Repair of Damage: The Agency understands and agrees that it is responsible for
and will cause to be repaired at the Agency's expense, damage to the Center other
than normal wear and tear or vandalism.
d) Building Upgrades or Modifications: The Agency understands and agrees that
it is responsible for any new upgrades or modifications to the building that are
required to meet their programming needs.
5. Payment for all operating expenses: The Agency is responsible to pay all operating
expenses associated with the Center including but not limited to electric, water, sewer,
solid waste bill for dumpster at the Center, custodial, telephones, cable t.v. and interior
building maintenance. The Agency will also provide maintenance for all major capital
components of the building including air conditioning, roof, painting, plumbing and
el ectri cal.
6. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own
expense and shall pay all required taxes necessary to the Agency's operation at the
Center.
7. Scheduled Reports of Agency Activities:
3
Item # 30
Attachment number 1
Page 4 of 8
a) The Agency shall furnish the City Parks and Recreation Department, with an
annual report of activities conducted under the provisions of this agreement within
sixty (60) days of the end of the Agency's fiscal year. Each report is to identify
the number of clients served, the type of activities, programs offered and costs of
such services.
b) The Agency agrees to submit progress reports and other information in such
format and at such times as may be prescribed by the City, and to cooperate in site
visits and other on-site monitoring (including, but not limited to, access to sites,
staff, fiscal and client records, and logs and the provision of related information).
8. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and accounting
records, books, documents, policies, practices, procedures and any information
necessary to reflect fully the financial activities of the Agency. Such records shall
be available and accessible at all times for inspection, review, or audit by
authorized City representatives.
b) Use of Records: Agency shall produce such reports and analyses that may be
required by the City to document the proper and prudent stewardship and use of
the facilities and funds provided hereunder.
c) Maintenance of Records: All records created hereby are to be retained and
maintained for a period not less than five (5) years, and must be disclosed in
accordance with applicable law, including Chapter 119 of the Florida Statutes.
9. Audit and Management Letter: Within 120 days of the close of its fiscal year, Agency
agrees to submit to the City a certified independent fiscal audit of all its corporate
activities and any accompanying management letter(s). This audit shall be conducted
consistent with American Institute of Certified Public Accountants (AICP A) Standards
for Non Profit Organizations or other mutually agreed upon standard. The audit will
separately identify fees and donations, and expenditures by program.
10. Non-discrimination: Notwithstanding any other provisions of this agreement during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race,
sex, handicap, national origin, religion, marital status or political belief, be
excluded from participation in, denied the benefit(s) of, or be otherwise
discriminated against as an employee, volunteer, or client of the provider. Agency
agrees to access to handicapped persons in compliance with the Americans with
Disabilities Act and other applicable law.
4
Item # 30
Attachment number 1
Page 5 of 8
b) Inclusion in Subcontracts: The Agency agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence
of a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate this agreement immediately.
11. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from the City. Agency further agrees to supply the City,
up to three copies of any publication developed in connection with implementation of
programs addressed by this Agreement. Such publications will state that the program is
supported by the City.
12. Liability and Indemnification: The Agency shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City, its
officers, agents, and employees from and against any and all claims of loss, liability, and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property, except
claims arising from the sole negligence or willful misconduct of the City or City's agents
or employees. This includes, but is not limited to matters arising out of or claimed to
have been caused by or in any manner related to the Agency's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Agency in or about its premises whether or not based on
negligence. Nothing herein shall be construed to waive or modify the provisions of
Section 768.28, Florida Statutes or the doctrine of sovereign immunity. Nothing herein
shall be construed as allowing for a claim by a third party.
13. Insurance: The Agency shall procure at its expense and maintain during the term of this
Agreement insurance as shown below:
a) A Comprehensive General Liability policy with minimum coverage limits of
$500,000, covering claims for injuries to persons or damage to property which
may arise from or in connection with use of the Center premises by the Agency
including all activities occurring thereon.
As of the date of this Agreement, the Agency represents that it does not use any
automobiles in connection with its operation under this Agreement. In addition, the
Agency represents that all tutors or others providing services hereunder are not employees
of the Agency. The Agency hereby acknowledges that these are representations upon
which the City is relying and any misrepresentation related thereto could result in
significant liability. Therefore, the Agency indemnifies the City as to any such liability
(in addition to any other indemnification provided hereunder) and shall secure the
following auto and workers compensation insurance as same becomes applicable during
the term of this agreement or any extensions thereof.
5
Item # 30
Attachment number 1
Page 6 of 8
b) A Business Automobile Liability Policy with minimum coverage limits of
$500,000, covering claims for injuries to persons or damage to property that arise
from or in connection with use of a motor vehicle owned by the Agency.
c) Except for worker's compensation, each insurance policy issued as a requirement
of this Agreement shall name the City of Clearwater as an additional named
insured. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officials, employees, agents or volunteers.
d) The Agency shall furnish the City with Certificate(s) ofInsurance with all
endorsements affecting coverage required by this section. These forms shall be
received and approved by the Parks and Recreation Director before execution of
this Agreement by authorized City officials.
e) Worker's Compensation: The Agency shall provide worker's compensation
insurance for all their employees in an amount at least equal to the statutory limits
of coverage according to applicable State and Federal laws. In addition, the policy
shall include employer's liability coverage with a limit of $500,000 per
occurrence.
ARTICLE IV. RESPONSIBILITIES OF THE CITY
1. Grant of In-Kind Services:
a) The City agrees to provide lawn and landscape maintenance for all areas in the
park and around the Center.
b) The City will not provide any other additional in kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
c) The City will not be providing monetary support in consideration for the services
provided under this Agreement.
2. City Liaison: The Recreation Director of the City of Clearwater or his designee will
serve as the City Liaison as to the relationship with the Agency as provided for hereunder.
ARTICLE V. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement between the parties on the subject hereof and
may not be changed, modified, or discharged except by written Amendment duly executed by
both parties. No representations or warranties by either party shall be binding unless expressed
herein or in a duly executed Amendment hereof.
6
Item # 30
Attachment number 1
Page 7 of 8
ARTICLE VI. TERMINATION
1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by
the City in its sole discretion shall constitute cause for termination. This agreement may
be terminated with 30 days written notice without any further obligation by City.
2. For Municipal Purpose: In addition to the right to terminate for cause, the City may
terminate this Agreement in the event it determines that the premises is required for any
other municipal purposes by giving sixty (60) days written notice of such intended use,
following which this Agreement shall terminate in every respect, and both parties shall be
relieved of any further obligations hereunder, except that Agency shall be responsible for
full payment of all costs and expenses resulting from the operation of the Center which
remain unsatisfied at the date of termination, together with monies otherwise due in
accordance with this Agreement.
ARTICLE VII. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed.
1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL
33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758.
2. If to Agency, addressed to The Bethany Education and Human Services Program, Inc.,
Chief Executive Officer, 1325 Springdale Street, Clearwater, FL 33755.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
,2007.
day of
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard
Mayor
William B. Horne, II
City Manager
Approved as to form:
Attest:
Laura Li powski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
7
Item # 30
THE BETHANY EDUCATION AND
HUMAN SERVICES PROGRAM, INC.
By:
Printed Name:
Chief Executive Officer
Attachment number 1
Page 8 of 8
8
Item # 30
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract to Grosz and Stamper Construction Company, Inc. of Tampa, Florida for the sum of $506,371.80 and approve a
change order deduct in the amount of $109,996.80 for a net contract amount of $396,375 for the construction of a
restroom/storage/concession building at Countryside Recreation Complex authorize the appropriate officials to execute same.
(consent)
SUMMARY:
On August 14, 2007 the City Council approved accepting a Florida Recreation Development Assistance Program
(FRDAP) grant for $200,000 for the construction of park amenities at Countryside Recreation Complex including
a restroom/storage/concession building. In addition, the City received a grant from Pinellas County for $125,000,
which the Council accepted on August 2,2007. The balance of the funding will come from a pledge of $75,000
from Countryside Little League and $25,000 from Clearwater for Youth. To date, the City has received $20,000
from Countryside Little League with scheduled payments of $25,000 on October 31,2007 (commencement of
construction) and $30,000 on February 7, 2008. The Clearwater for Youth contribution will be distributed to the
City after their next board meeting, which is October 25,2007. In the event some or all of the outstanding funds
are not received then the necessary funds will be reprioritized out of the 2008 Parks and Recreation budget.
The current concession building is in a less than 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 and it
was constructed prior to the athletic fields.
This contract is for the construction of a concrete block building approximately 4,035 square feet in size and will
include restrooms, storage, concession area, meeting room, office, site work and drainage improvements. When the
contractor has completed the building, staff will follow up with additional work on the landscaping, sodding, bull pens,
and soft toss stations.
Four competitive bids were received with the responsible low bidder being Grosz & Stamper Construction in the
amount of $506,371 .80. In addition, a change order deduct is being recommended in the amount of $109,996.80.
Various items were value engineered out of the project, which will result in a reduction of the building cost, in addition
there was the elimination of the performance bond, and a reduction in the mobilization costs and the reduction of the
contingency fund from 10% to 5%. None of these will have an adverse impact on the function of the project.
The new building, when constructed, will replace three existing buildings. The consolidation of these buildings into one
will not require any additional operating or staff resources since they are currently in place and will be listed as an
asset of the Parks and Recreation Department.
The available funding in Capital Improvement Project (CIP) 315-93256, Countryside Community Park Building, is
$323,600. A first quarter budget amendment will allocate $72,775 from General Fund retained earnings to fund the
balance of this contract. The General Fund will be reimbursed for these funds as promised monies are received from
Countryside Little League and Clearwater for Youth.
This project will start as soon as possible after award and execution of contract, and is scheduled for completion by the
start of the Little League Season in late February, early March 2008.
A copy of the contract is available for review in the Official Records and Legislative Services Department.
Cover Memo
Item # 31
Type:
Capital expenditure
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Yes
$396,375.00
$396,375.00
2007 to 2008
Budget Adjustment:
Annual Operating Cost:
Total Cost:
None
n/a
$396,375.00
Appropriation Code
315-93256
Amount
$396,375.00
Appropriation Comment
funds from various grants
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
Yes
Bid Number:
Bid Exceptions:
07-0016-PR
None
Cover Memo
Item # 31
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Item # 31
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract for landscape and irrigation of a portion of SR 60 on Memorial Causeway to Garden World of Holiday, Inc. of
Dade City, Florida, in the amount of $164,605.58 which includes base bid and a 10% contingency and authorize the apprpriate
offficials to execute same. (consent)
SUMMARY:
In 2006 the City Council approved a Streetscape Maintenance Memorandum of Agreement with the Florida Department of
Transportation, District Seven, for the improvements of SR 60 medians from the 770 feet west of the Memorial Causeway Bridge
to the Mandalay Channel Bridge and a small area south of SR 60 at the traffic signal to Island Estates.
The Florida Department of Transportation, District Seven, has allocated a landscape grant for landscape improvements for this
project.
This contract with Garden World of Holiday, Inc. is for landscaping the areas mentioned above. Work will include grading,
planting trees, planting of landscape material, planting annuals, and repair of any broken lines to the irrigation system, for a base
bid of $149,641.46 plus a 10% contingency.
The landscape design will be similar to and a continuation of landscaping that was installed in the medians of the new Memorial
Causeway Bridge in 2006. Due to the narrowness of the medians and the fact that there are no curbs on the causeway additional
palm trees or trees of any size will not be allowed.
Work will commence upon award and execution of the contract and will be completed by December 2007. There will be no
additional operating costs since this project is a renovation of areas already maintained by the City.
Sufficient funding is available in CIP code 315-93210.
The new landscape will be replacing existing landscaping that Parks & Recreation is resourced to maintain. No new impact to the
departments budget is required.
A copy of the contract is available for review in the Official Records and Legislative Services office.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$164,605.58
$164,605.58
2006 to 2007
Annual Operating Cost:
Total Cost:
o
$164,605.58
Appropriation Code
315-93210
Amount
$164,605.58
Appropriation Comment
Cover Memo
$150,000 funded by FDOT grant remainder by Special
Dev. Fund revenues Item # 32
Review Approval: 1) Clerk
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Page 1 of 1
Item # 32
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of operations in the amount of $97,000.
(consent)
SUMMARY:
The Clearwater Homeless Intervention Project Shelter opened in April 1998, and since that date has provided a safe
overnight facility for homeless persons and essential support services to help individuals and families begin to improve their lives.
In CHIP's continuum of care, there are currently three programs offered: Outreach and Assessment through the Day Center
component; Emergency Housing in the Shelter Services; and Transitional Housing at Parkbrooke Apartment Complex.
In previous years, the City of Clearwater has donated $100,000 to CHIP. The police department requests City continue their
contribution to CHIP, which will be applied toward needed operational funding essential to the CHIP shelter's successful
operation. The City Council approved adding $97,000 to the Police Budget, for this purpose, during the fiscal year 2007 / 2008
budget preparation meetings.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Appropriation Code
181-99274-582000-529-000
Other
Yes
Budget Adjustment:
None
$97,000
2007 to 2008
Annual Operating Cost:
Total Cost:
$97,000
Amount
Appropriation Comment
$97,000
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
No
Bid Number:
Bid Exceptions:
None
Cover Memo
Item # 33
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the
continuation of the School Resource Officer program at Clearwater High School, Countryside High School, Kennedy Middle
School and Oak Grove Middle School for a one-year period commencing July 1,2007, through June 30, 2008 and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
. Under the terms of the one-year agreement between the School Board of Pinellas County and the City of Clearwater, the City
will provide law enforcement and related services to Clearwater High School, Countryside High School, Kennedy Middle School
and Oak Grove Middle School during the regular school year. The assigned officers (1 per school) will provide instruction in law
education, will serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and
provide support services as necessary.
. The annual cost of salaries and benefits of 4 officers over the one-year period will be approximately $297,776 and will be
provided from the Police Department's operating budget. Total annual reimbursement from the School Board over this same one-
year period will be $196,046. The difference between the actual costs and amount reimbursed is offset by the benefit of the
program to the community and the Police Department.
. The continuation of the School Resource Officer Program beyond the current fiscal year will depend on funding being included
in future budgets.
. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been
assigned to Clearwater High School since January 1, 1985 and Countryside High School since January 1, 1986. This is the first
year for School Resources Officers in Kennedy Middle School and Oak Grove Middle School.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Other
None
Budget Adjustment:
None
Annual Operating Cost:
Total Cost:
to
Appropriation Code
0010-01138-510100-521-000-
0000
Review Approval: 1) Clerk
Amount
$101,730
Appropriation Comment
Cover Memo
Item # 34
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Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the transfer of $19,712.95 received from Clearwater Housing Authority (CHA) for payment in lieu of taxes (PILOT
Funds) to the Clearwater Homeless Intervention Project, Inc. (CHIP), and the allocation of $19,712.95 from the General Fund
retained earnings. (consent)
SUMMARY:
Historically, since 1997, the City Commission (now known as the City Council) has authorized the funds representing
payment in lieu of taxes (PILOT) to be appropriated to the Clearwater Homeless Intervention Project, Inc. (CHIP).
In July 2007, Clearwater Housing Authority (CHA) paid $19,712.95 for Payment in Lieu of Taxes (PILOT) to the City of
Clearwater. In a July 30, 2007 letter to City Manager William Horne, CHA requested funds be donated by the City to CHIP for the
offset of operational costs during FY 200612007.
In order to allow CHIP to have access to these necessary funds for operational expenses, it is requested that the funds be
transferred from the General Fund, where they were deposited, to Special Program project 181-99938, Homeless Shelter. A first
quarter budget amendment will provide the transfer of $19,712.95 from General Fund to provide for this request.
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Appropriation Code
181-99938
Amount
$19,712.95
Appropriation Comment
Review Approval: 1) Clerk
Cover Memo
Item # 35
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the renewal of a contract with the Pinellas County Sheriff s Office, Largo, Florida for latent fingerprint and crime scene
services, including evidence and property storage, during the contract period October 1, 2007, through September 30,2008, at a
cost of $516,565.75 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Pinellas County Sheriffs Office (PCSO) and the Clearwater Police Department began this contractual agreement on
January 1, 1994. The agreement covers latent fingerprint examination, property/evidence storage and crime scene processing.
The total cost of the FY 200712008 agreement is $516,565.75. The overall increase is 31.3%, however, for contract year
200612007 calls for service were decreased to 1500 due to a carryover surplus of 700 calls for service from contract year
200512006. Therefore, the actual increase for all contractual services is 2.4% (comparison of 2000 to 2000 calls).
The FY 200712008 agreement in the amount of $516,565.75 is broken down into three service areas. Included in this total
cost is $102,063.84 for latent fingerprint services; $62,501.91 for property/evidence storage; and $352,000.00 for crime scene
processing calls. The crime scene processing call amount is based on 2,200 service calls at a rate of $160.00 per call. Billing for
calls in excess of 2,200, will be invoiced at the rate of $160.00 per call. Any funds from unused calls for service from FY
200712008 shall be applied toward next year's Agreement.
Funding for this agreement is available in the Police Department's FlY 200712008 operating budget.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Other
Yes
Budget Adjustment:
None
516,565.75
Annual Operating Cost:
Total Cost:
516,565.75
2007 to 2008
Appropriation Code
010-01121-530300-521-000
Review Approval: 1) Clerk
Amount
Appropriation Comment
516,565.75
Cover Memo
Item # 36
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Item # 36
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Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve acceptance of a FY 2007-08 Justice Assistance Grant - Countywide (JAG) in the amount of $32,225 from the Florida
Department of Law Enforcement (FDLE) for a Red Light Running -In-Car Video Enhancement Project - Year 2 (consent)
SUMMARY:
On September 11,2007, the Clearwater Police Department (CPD) received notification that it had been awarded JAG-
Countywide funds in the amount of $32,225 from FDLE for Year 2 of THE Red Light Running and In-Car Video Enhancement
Project.
CPD is now seeking City Council approval to accept the grant, which will provide funding for five in-car digital video
cameras for the Traffic Enforcement Section vehicles; additional memory for the server that was purchased during Year 1 of the
grant; and, five Hardware Control Interfaces.
In Year 1 of the grant, CPD's Traffic Enforcement Section targeted red light running violations at four of the top five crash
intersections for all of Pinellas County which included the following Clearwater intersections: U.S. 19 and Drew St.; U.S. 19 and
S.R. 60; U.S. 19 and Sunset Point Rd.; and, S.R. 60 and Belcher Rd. CPD's success in Year 1 of the project has earned a second
year of funding from FDLE.
In Year 2, CPD will install in-car digital video cameras in five designated patrol cars. The Traffic Enforcement Section
Commander will select five regular patrol officers to take part in the project. These officers will each have a specific assigned
patrol car so that they will be exclusively responsible for the camera. This procedure will also limit the expense of the number of
officers who must be specially trained in the use of the camera equipment. Once the cameras have been installed and the officers
trained, they will be reassigned from their regular duty to focus solely on the enforcement of traffic violations at the Traffic Section
Commander's direction. These officers will be working in various locations, at various times during the day/night, throughout the
City of Clearwater, looking for a variety of violations, including aggressive driving, speeding, and red light running.
The in-car video cameras will be activated when the police officer turns on the vehicle's emergency equipment. The
cameras will be programmed so that they will record the previous 30 seconds of observed activity to document the violation
observed by the officer. The officer will be able to observe red light running infractions and record it, when someone is observed
running a stop sign, making an obscene/threatening gesture to another motorist, weaving erratically from lane to lane, or
tailgating. The officer can also leave the camera running for a longer period of time to record an ongoing violation. The cameras
also have the capability of recording the speed of vehicles for effectively capturing speeding violations as they occur.
The cameras will prove very useful when a motorist is stopped for a violation that he/she denies committing, because CPD
will now have digital video evidence proving that the violation actually took place. The cameras and the evidence produced will
uphold many more convictions of traffic violators in court. The cameras will most likely continue to lead to reduced costs for
police officer time in court, as it is anticipated many motorists -- when faced with their violation actually captured on video -- will
opt not to argue their case in court and will simply pay the ticket. It is anticipated that the in-car digital video cameras will lead to
an overall reduction in traffic violations and traffic-related injuries/deaths throughout the City of Clearwater.
CPD will continue to utilize the same public information and educational tools to get the message out regarding enhanced
traffic enforcement in Clearwater. Specific activities will include the following:
Press releases will be sent out to the news media, including local Spanish language television and radio stations.
CPD will also utilize its cable-access television show, Blueline CPD, to publicize the project.
Cover Memo
Electronic signboards will be located in prime areas to warn the public about the enhanced traffic enforcemn~m # 37
Bilingual, educational brochures on red light running, aggressive driving, speeding, etc. will be distributed throughout the
City at various events and locations (City recreation centers, libraries, Hispanic Outreach Center).
Special Project No. 181-99270 has been established to account for the grant expenditures. There is no match or additional
personnel required for this grant.
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Appropriation Code
181-99270
Amount
Appropriation Comment
Review Approval: 1) Clerk
Cover Memo
Item # 37
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Frequency Reconfiguration Agreement with Nextel South Corp. (Nextel), a wholly owned indirect subsidiary of Sprint
Nextel Corporation for the purpose of exchanging one 800MHz City of Clearwater frequency from the expansion band at no cost
to the City, declare the list of radios and accessories listed in Schedule D of the agreement surplus to the needs of the City and
authorize disposal through an exchange with Nextel for new, later model equipment and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
On August 6, 2004, the Federal Communications Commission (FCC) issued a Report and Order that modified its rules governing
the 800 MHz band. The purpose of the Order was to reconfigure the 800 MHz band to minimize harmful interference to public
safety radio communications systems in the band.
On December 22,2004, the FCC issued a Supplemental Order and Order on Reconsideration. This Order further identified the
Reconfiguration process.
In March of 2006 after Council approval, the City entered into an agreement with Shulman, Rogers, Gandal, Pordy and Ecker, P.
A. to represent the City of Clearwater in negotiations with the FCC. Nextel pays their cost.
As illustrated in Schedule A of the Agreement, the City of Clearwater has the frequency 860.4375 under Call Sign WNHB993
assigned by the FCC with an expiration date of March 20,2011. The City of Clearwater will assign this frequency to Nextel for
their exclusive use and receive the frequency 858.1875 from Nextel for our exclusive use. Our current frequency is located in the
"Expansion band" as defined by the Order. This location could cause interference with our radio system. Therefore, the decision
was made by appropriate City staff to exchange the frequency with Nextel.
In order to exchange the frequencies, all radios and infrastructure must be reprogrammed. Communications International of Vero
Beach will complete most of the work. N extel will pay them for this work. The Assistant City Attorney, Assisstant Director of
Solid Waste/General Services, and two radio technicians will be reimbursed for all work associated with the rebanding of the radio
frequency as provided for in this agreement with Nextel. One half of this payment will be made within 15 days after the agreement
is finalized. The remainder will be paid at the end of the project.
Approximately one half of our user equipment, (portable and mobile) radios (727 radios) do not have the capability of being
reprogrammed to the new frequency, so Nextel will provide new radios and all related accessories to the City of Clearwater in
exchange for the obsolete radios (one-for-one).
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$0.00 Annual Operating Cost:
Total Cost:
$0.00
to
Review Approval: 1) Clerk
Cover Memo
Item # 38
Attachment number 1
Page 1 of 28
FREQUENCY RECONFIGURA nON AGREEMENT
THIS FREQUENCY RECONFIGURATION AGREEMENT (this "Agreement") is made
as of this _ day of , 2007 ("Effective Date"), by and between City of Clearwater, a
municipal subdivision of the State of Florida ("Incumbent" or "Licensee"), and Nextel South Corp,
("Nextel"), a wholly owned indirect subsidiary of Sprint Nextel Corp., a Kansas corporation (each is
referred to in this Agreement as a "Party" and collectively as the "Parties").
RECITALS
A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a Report and
Order that modified its rules governing the 800 MHz band. The purpose of the Order was to
reconfigure the 800 MHz band to minimize harmful interference to public safety radio
communications systems in the band ("Reconfiguration").
B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration.
The August 6, 2004 and December 22, 2004 FCC orders, and any supplemental FCC Orders
in the Reconfiguration proceeding or subsequent actions after the date of this Agreement, are
collectively referred to as the "Order."
C. Pursuant to the Order, Incumbent and Nextel are licensed on frequency allocations subject to
Reconfiguration.
D. Pursuant to the Order, Nextel will pay Incumbent an amount to effect a Reconfiguration of
Incumbent's affected frequency allocations ("Reconfiguration Cost"). Incumbent will certify
to the Transition Administrator appointed pursuant to the Order (the "Transition
Administrator") that the Reconfiguration Cost is the minimum amount necessary to provide
comparable facilities.
FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
1. FreQuencies to be Reconfi2:ured: Incumbent is the licensee under the license(s) granted by
the FCC identified in Schedule A (the "Incumbent Licenses") for the operation of certain 800 MHz
frequencies at the locations identified on Schedule A (the "Incumbent Frequencies"). Nextel, including its
subsidiaries or affiliates, is the licensee under license(s) granted by the FCC (the "Nextel Licenses") for the
operation of Specialized Mobile Radio ("SMR") systems on the frequencies and at the locations identified
in Schedule B (the "Replacement Frequencies"). Pursuant to the Order, Incumbent must relinquish the
Incumbent Frequencies and relocate its system to the Replacement Frequencies.
2. FreQuency Reconfi2:uration Process:
(a) On or before the Closing Date (as defined below) (i) Nextel or Incumbent will cause the
modification of the Incumbent Licenses to add the Replacement Frequencies or Nextel will cause the
creation of a new FCC license for Incumbent that includes the Replacement Frequencies; (ii) Incumbent will
cause the assignment of the Incumbent Frequencies to Nextel or will cause the deletion of the Incumbent
Frequencies from the Incumbent Licenses following Reconfiguration of Incumbent's system; and (iii)
Nextel will cause the modification and/or cancellation of the FCC licenses it holds for the operation of 800
MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the
technical short-spacing requirements of Section 90.621(b) of the FCC's Rules, 47 C.F.R. ~ 90.621(b), as
such rule may be amended from time to time by the FCC.
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Attachment number 1
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(b) The parties agree that Nextel and the Incumbent (as appropriate) will make the FCC
assignment filings for the Replacement Frequencies on a future date to be determined by the parties
through mutual agreement, as provided in Section 5. The Parties agree to notify Nextel and the Incumbent
(as appropriate) ofthe FCC assignment filings in accordance with the Notice provision ofthis Agreement.
3. Reconfi2:uration Costs:
(a) Acknowledgement of Obligations. Incumbent agrees that:
(i) the cost estimate set forth in Schedule C (the "Cost Estimate") sets forth all ofthe work
required to reconfigure Incumbent's existing facilities to comparable facilities that will operate on the
Replacement Frequencies;
(ii) after all of the work contemplated by the Cost Estimate has been performed in
accordance with this Agreement and Nextel has paid all amounts required by this Agreement, the
Incumbent's reconfigured system shall be deemed for all purposes of the Order to be "comparable" to
Incumbent's existing system prior to Reconfiguration, and Nextel shall be deemed to have satisfied its
obligations under the Order to pay the cost of relocating Incumbent's system from the Incumbent
Frequencies to the Replacement Frequencies.
(b) Payment Terms. In order to facilitate the Incumbent's transItIOn to the Replacement
Frequencies, Nextel will pay the costs incurred to reconfigure Incumbent's system in an amount not to
exceed the Cost Estimate, except as modified pursuant to Section 3(b)(iii) and Section 8, of this
Agreement, Nextel will pay the amount of the Cost Estimate in accordance with the payment terms
identified on Schedule C and as set forth below for both payments made directly to Incumbent and
payments made on behalf of Incumbent directly to each third party service vendor identified on the Cost
Estimate ("Vendor").
(i) Prior to the Closing Date, Incumbent will submit to Nextel documentation (including
without limitation invoices, receipts, and time sheets or equivalent documentation) demonstrating the
actual costs that Incumbent reasonably incurred or paid to other entities to reconfigure Incumbent's
system ("Actual Costs"). Upon receipt by Nextel of documentation of the Actual Costs, Nextel and
Incumbent will reconcile the Actual Costs against the payments made by Nextel to Incumbent and the
Parties will agree upon the amount of any additional payments (subject to Section 8) due to Incumbent or
any refunds due to Nextel. The date of receipt by Nextel of the Reconciliation Statement signed by
Incumbent and Incumbent's counsel is the "Reconciliation Date." Should the parties be unable to agree
upon the amount of the additional payments, the parties shall follow the resolution procedures detailed in
the FCC Order.
(ii) Any additional payments due to Incumbent from Nextel will be disbursed to
Incumbent within thirty (30) days of the Reconciliation Date, provided the additional payments do not
result from Actual Costs that exceed the Cost Estimate (in which case the provisions of Section 3(b)(iii)
of this Agreement will apply). Any refunds due from the Incumbent to Nextel will be made within thirty
(30) days of the Reconciliation Date.
(iii) In the event Incumbent's Actual Costs exceed the Cost Estimate, Incumbent must
submit a Change Notice pursuant to Section 8 of this Agreement describing the change in scope of work
that resulted in Incumbent's Actual Costs exceeding the Cost Estimate. Approval of any Change Notice
will not be automatic but will be processed in accordance with Section 8 of this Agreement. Additional
payments due to Incumbent, which result from an excess of Actual Costs over the Cost Estimate, as
agreed on the Reconciliation Date, will be disbursed to Incumbent within thirty (30) days of execution by
the Parties of the Amendment documenting the approved changes from such Change Notice.
Page 2 of 28
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Attachment number 1
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(iv) Prior to the Closing Date, Nextel will pay on behalf of itself and Incumbent, both
Parties' applicable sales and transfer taxes, if any, and all FCC fees in connection with the preparation
and filing of the necessary FCC applications for the assignment(s) described in Section 2 of this
Agreement.
4. Reconfi2:uration Eauipment. If needed in order to facilitate the Incumbent's transition to
the Replacement Frequencies, Nextel will loan any equipment identified in Schedule D as "Loaned
Reconfiguration Equipment" and/or will provide any equipment identified in Schedule D as
"Replacement Equipment". The Loaned Reconfiguration Equipment and Nextel Replacement Equipment
may be referred to collectively as the "Nextel Schedule D Equipment". Nextel will deliver any Nextel
Schedule D Equipment to Incumbent in accordance with Schedule D. Incumbent will fax to Nextel a bill
of lading associated with each shipment of Nextel Schedule D Equipment signed by an authorized
representative ofIncumbent acknowledging receipt of the Nextel Schedule D Equipment in good working
order. Any Loaned Reconfiguration Equipment will be returned to Nextel by Incumbent prior to the
Reconciliation Date.
5. Retunin2: Cooperation: For purposes of this Section, the "Current Program Completion
Date" shall mean June 26, 2008 or such other date as may be established by the FCC for the completion
of the Reconfiguration. The Parties acknowledge that the number of frequencies and locations covered
by this Agreement will require the Parties to cooperate closely in performing their respective
reconfiguration activities. Parties agree that: (i) as of the Effective Date, the Incumbent may begin the
reconfiguration of its subscriber units, in accordance with the appropriate sections of Schedule C and
Schedule D, (ii) Incumbent may commence such other activities associated with the reconfiguration of its
system as further detailed on Schedule C as of the Effective Date; and (iii) the Parties will agree on a
schedule to make the FCC filings, clear the Replacement Frequencies and decommission the Incumbent
Frequencies (the "Schedule"). Depending on the timing of the adoption of this Schedule, it may
require the submission of a Change Notice in accordance with Section 8 and/or an amendment to this
Agreement, but in any event the Parties agree to adopt the Schedule no later than: (i) sixty (60) days
from the Effective Date of this Agreement or (ii) pursuant to a Schedule agreed upon at a TA scheduled
"Implementation Planning Session" that includes the Incumbent's system, provided the Implementation
Planning Session has been scheduled by the T A prior to the expiration of 60 days from the Effective Date
of this Agreement, or (iii) such other date as the FCC may require. Notwithstanding the aforementioned,
in the event the completion date in the Schedule for the reconfiguration ofIncumbent's system extends
beyond the Current Program Completion Date, the completion date in the Schedule will be subject to
FCC approval. If by the end of the Scheduling Period, no agreement on the Schedule has been reached
by the Parties, the Parties will jointly seek resolution in accordance with the dispute resolution
provisions of the Order, including dispute resolution procedures adopted by the Transition
Administrator; as they may be amended from time to time. Nothing in this Section shall prohibit the
Incumbent from beginning work immediately on replacement of the subscriber units and/or subscriber
software programming.
6. Representations and Warranties: Each Party represents and warrants to the other as follows:
(i) it is duly organized, validly existing and in good standing under the laws of the state of its
incorporation;
(ii) this Agreement has been duly authorized and approved by all required organizational action
of the Party;
(iii) neither the execution and delivery of this Agreement nor the consummation of the
transactions contemplated by this Agreement will conflict with, or result in any material violation or
default under, any term of its articles of incorporation, by-laws or other organizational documents or any
Page 3 of 28
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Item # 38
Attachment number 1
Page 4 of 28
agreement, mortgage, indenture, license, permit, lease, encumbrance or other instrument, judgment,
decree, order, law or regulation by which it is bound;
(iv) it is the lawful and exclusive FCC licensee of its respective license(s) described in this
Agreement, such licenses are valid and in good standing with the FCC, and it has the authority to request the
FCC to assign, modifY or cancel such licenses;
(v) there is no pending or threatened action or claim that would have the possible effect of
enjoining or preventing the consummation of this Agreement or awarding a third party damages on
account of this Agreement; and
(vi) to the best of its knowledge, all information provided to the other Party concerning the
transactions contemplated by this Agreement is true and complete.
All representations and warranties made in this Agreement shall survive the Closing Date (defined
below) for two (2) years.
7. Covenants: From the Effective Date until the Closing Date (defined below), each Party will
promptly notifY the other Party upon becoming aware of any pending or threatened action by the FCC or
any other governmental entity or third party to suspend, revoke, terminate or challenge any license described
in this Agreement or to investigate the construction, operation or loading of any system authorized under
such licenses. From the Effective Date until the Closing Date, Incumbent will not enter into any agreement
resulting in, or otherwise cause, the encumbrance of any license for the Incumbent Frequencies, and
Nextel will not enter into any agreement resulting in, or otherwise cause, the encumbrance of any of the
Replacement Frequencies.
8. Chan2:es: The Parties acknowledge that as the Reconfiguration of Incumbent's facilities
proceeds in accordance with the work contemplated by the Cost Estimate, the need for changes to the
scope of such work may arise. The Parties agree that their review of any such needed changes must be
performed expeditiously to keep the work on schedule and that they will provide sufficient staff to
manage changes. If either Party believes that a change to the work contemplated by the Cost Estimate is
required (including changes by Vendors), such Party will promptly notifY the other Party in writing. Such
written notice (the "Change Notice") shall set forth (i) a description of the scope of the change to the
work contemplated by the Cost Estimate believed to be necessary and (ii) an estimate of any increase or
decrease in the Cost Estimate and in the time required to reconfigure Incumbent's existing facilities to
operate on the Replacement Frequencies. A Party receiving a Change Notice shall immediately perform
its own analysis of the need for and scope of the change and its impact on the Cost Estimate and schedule
and negotiate the change in good faith with the other Party. After the Parties have agreed upon a change
to this Agreement, they shall prepare a proposed amendment to this Agreement pursuant to Section 25
and submit to the Transition Administrator a copy of the proposed amendment together with a written
request for its approval. Such request shall be accompanied by reasonable documentation supporting the
need for and scope of the change and any proposed increase or decrease in the Cost Estimate and in the
time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies.
Incumbent is responsible for all unauthorized changes necessary as it relates to work performed by a
Vendor on behalf of Incumbent. No change to the Cost Estimate, the work contemplated by the Cost
Estimate or the time required to reconfigure Incumbent's existing facilities to operate on the Replacement
Frequencies shall become effective until the Transition Administrator has approved the change in writing
and both Parties have signed an amendment incorporating such approved change into this Agreement
pursuant to Section 25. In this regard, in the event that the Transition Administrator is unable to approve
the proposed amendment within ten (10) business days, then the deadline by which the Incumbent must
clear all users from the Replacement Frequencies, pursuant to Section 5, will be automatically extended
by the number of days beyond ten (10) business days in which the Transition Administrator does not take
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Attachment number 1
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final action to approve the proposed amendment. Should the Transition Administrator not approve the
proposed amendment, either Party may appeal the decision consistent with the FCC Order, in which event
the deadline in Section 5 will be extended by the number of days it takes for such appeal to be resolved.
If the Parties are unable to agree on modification of this Agreement consistent with the Change Notice,
either Party may request mediation consistent with the FCC Order. Once mediation has been requested,
the deadline in Section 5 will be extended by the number of days it takes for all appeals to be resolved.
9. Closin2:: The closing ("Closing") of the transactions contemplated by this Agreement will
take place within thirty (30) days after (i) FCC approval of the assignment of the Incumbent Frequencies
to Nextel and/or deletion of the Incumbent Frequencies from the Incumbent Licenses, (ii) FCC approval
of the modification to add the Replacement Frequencies to the Incumbent Licenses with no material
conditions or the creation of a new license for Incumbent with no material conditions that includes the
Replacement Frequencies, (iii) notification by Incumbent to Nextel that the Incumbent Licenses have
been cleared of all Incumbent users pursuant to Section 5 of this Agreement, (iv) delivery by Incumbent
of all receipts, invoices and other documentation required to substantiate the Actual Cost and signing by
Incumbent and Incumbent's counsel and delivery to Nextel of the Reconciliation Statement and other
documents required to complete the Reconciliation similar to those identified on Exhibit B, (v) FCC
approval ofthe modification and/or cancellation ofthe FCC licenses Nextel holds for the operation of 800
MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the
technical short-spacing requirements of Section 90.62l(b) of the FCC's Rules, 47 C.F.R. ~ 90.62l(b), as
such rule may be amended from time to time by the FCC, (vi) the refund to Nextel or payment to
Incumbent as described in Section 3(b)(ii), (if applicable) and (vii) the satisfaction of all other conditions
specified in this Agreement (the "Closing Date").
10. Closin2: Conditions: Performance of each Party's Closing obligations is subject to
satisfaction of the following conditions (except to the extent expressly waived in writing by the other
Party):
(a) the continued truth and accuracy of the other Party's representations and warranties set forth in
this Agreement;
(b) all of the covenants ofthe other Party described in this Agreement are performed in all material
respects; and
(c) execution and delivery by the other Party of Closing documents as well as any other Closing
instruments and documents either Party or its counsel may reasonably request. Incumbent will execute and
deliver to Nextel a closing certification required by the Transition Administrator.
(d) The Parties will cooperate in good faith and exercise their reasonable best efforts to finalize
and execute these instruments and documents on or prior to the Closing Date in order to effect the
Reconfiguration contemplated.
11. Review Ri2:hts: Incumbent agrees to maintain records and other supporting evidence related
to the costs that Incumbent has expended in connection with the Reconfiguration contemplated by this
Agreement and that Nextel has paid or will pay to Incumbent pursuant to this Agreement. Incumbent
agrees to maintain such records and make them reasonably available to the Transition Administrator for
review or reproduction until eighteen (18) months after the date of Incumbent's executed Completion
Certification required by this Agreement or for a longer period if Incumbent, for its own purposes, retains
such records for a longer period of time. As used in this provision, "records" includes books, documents,
accounting procedures and practices and other data regardless of type and regardless of whether such
items are in written form, in the form of computer data or in any other form. Nextel shall be responsible
for all post-Closing audit expenses of the Incumbent, except those expenses resulting from fraudulent
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Attachment number 1
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activity on behalf of the Incumbent. To the extent that any post-Closing audit determines that Nextel paid
a third-party vendor more than provided for under the FCC Order, Nextel's sole remedy is to seek
reimbursement directly from the third-party vendor, unless such overpayment was the result of fraud or
negligence of the Incumbent.
12. Excluded Assets; No Assumption of Liabilities: Nothing in this Agreement should be
construed as a transfer or assignment from either Party to the other Party of any assets (including FCC
licenses) except as expressly set forth in this Agreement. Other than as expressly provided in this
Agreement, neither Party is obligated to assign and transfer to the other Party any asset, tangible or
intangible, nor is either Party entitled to assume any asset, tangible or intangible. Neither Party is assuming,
nor is either Party responsible for, any liabilities or obligations of the other Party arising out of or in
connection with the other Party's licenses (or related systems and facilities) that are the subject of this
Agreement.
13. Confidentiality:
(a) The terms of this Agreement and any proprietary, non-public information regarding the
Incumbent Frequencies, Replacement Frequencies, Nextel's business and Incumbent's business must be
kept confidential by the Parties and their employees, shareholders, agents, attorneys and accountants
(collectively, "Agents"), which confidentiality will survive the Closing or termination of this Agreement
for a period of two (2) years. The Parties may make disclosures (i) as required by law, (ii) to the
Transition Administrator, (iii) to a manufacturer of Replacement Equipment to allow for the provisioning
of that equipment to Incumbent (but only to the extent such disclosure specifically relates to that
manufacturers equipment as identified on Schedule D); and (iv) to a Vendor (but only to the extent that
such disclosure specifically relates to that Vendor's work and costs under this Agreement (as identified on
Schedule C) as required to perform obligations under this Agreement. Nextel, Incumbent and their
respective Agents may make disclosures regarding the terms of this Agreement to other public safety
licensees and their Agents in accordance with the FCC Order, WT Docket No. 02-55, adopted January 8,
2007. Each Party will cause all of its Agents to honor the provisions of this Section.
(b) Notwithstanding the provisions of Section 13(a) above, the Parties acknowledge that this
contract is subject to Florida Statutes Chapter 119 and nothing in this Agreement shall be deemed to
restrict, impair, or burden the Incumbent's and/or its Agents' compliance with the Florida Public Records
Law." In accordance therewith, the Parties agree that absent a valid exemption, including status as a
"trade secret," Incumbent and its Agents shall allow public access to all documents, papers, letters, or
other material subject to Chapter 119 that are made or received by the Incumbent in conjunction with this
Agreement.
14. Cooperation: The Parties will cooperate with each other and the Transition Administrator
with respect to the Reconfiguration work contemplated by this Agreement. Without limiting the
foregoing obligations, the Parties agree to cooperate in the preparation of any applications required to be
filed with the FCC, and Incumbent agrees to provide reasonable access to its facilities so that the
Transition Administrator may comply with any audit obligations and so any Reconfiguration work
contemplated by this Agreement may be performed in accordance with the Cost Estimate and
performance schedule. If a Party is subject to a denial of FCC benefits for delinquent non-tax debts owed
to the FCC that would prevent or delay the timely processing of any FCC applications, such Party shall
cure such delinquency in an expeditious manner and at its sole expense.
15. Indemnification: From and after the Closing Date, each Party (the "Indemnifying Party")
will indemnify and defend the other Party, its officers, directors, employees and agents (collectively, the
"Indemnified Party"), from and against all third party demands, claims, actions, losses, damages,
liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and expenses
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(collectively, "Costs"), asserted against, imposed upon or incurred by the Indemnified Party arising from
or related to: (i) any breach of any covenant, agreement, representation or warranty of the Indemnifying
Party contained in, or made pursuant to, this Agreement; or (ii) any and all liabilities (including successor
liabilities) or obligations relating to periods prior to the Closing Date resulting from the Indemnifying
Party's operation of the system operated pursuant to the Incumbent Licenses or the Nextel Licenses, as
applicable, or the ownership or use of those licenses or from the Indemnifying Party's employment, or
termination of employment, of its employees. The obligations under this Section survive the Closing for
a period of three (3) years.
16. Disputes: The Parties agree that any dispute related to the Replacement Frequencies,
Nextel's obligation to pay any cost of the Reconfiguration of Incumbent's system contemplated by this
Agreement, or the comparability of Incumbent's reconfigured system to Incumbent's existing system
prior to Reconfiguration, which is not resolved by mutual agreement, shall be resolved in accordance with
the dispute resolution provisions of the Order, including the dispute resolution procedures adopted by the
Transition Administrator, as they may be amended from time to time.
17. No Gratuities: No gift, gratuity, credit, thing of value or compensation of any kind shall be
offered or provided by Incumbent, directly or indirectly, to any officer, employee or official of either
Party for the purpose of improperly obtaining or rewarding favorable treatment under this Agreement.
18. Liens: If any liens or security interests attach to any of Incumbent's facilities in favor of any
vendor or service provider that is performing any Reconfiguration work contemplated by this Agreement
as a result of Nextel's breach of any obligation to make direct payment (not in dispute) to such vendor or
services provider, Nextel upon receipt of Notice from Incumbent will cooperate to remove any Liens.
19. Vendor Performance Issues: Incumbent will select and contract directly with any vendor or
service provider performing work required to reconfigure the Incumbent's existing facilities to operate on
the Replacement Frequencies. Neither the Transition Administrator nor Nextel will be responsible for, or
assume the risk of any failure of that Vendor to perform its obligations under any contract entered into
between Incumbent and such Vendor in connection with the Reconfiguration contemplated by this
Agreement.
20. Replaced and Replacement EQuipment:
(a) If the reconfiguration of the Incumbent's existing facilities to operate on the Replacement
Frequencies involves the replacement of any ofIncumbent's existing equipment ("Replaced Equipment")
with equipment provided by Nextel (as identified on Schedule D) or equipment the cost of which is being
paid by Nextel pursuant to this Agreement as listed in Schedule C (collectively the "Replacement
Equipment"), then (i) title to Replaced Equipment listed in Schedule D shall pass free and clear of liens
and any other encumbrances to Nextel at such time that Incumbent delivers the Replaced Equipment to
Nextel's designated shipping agent, and Incumbent shall execute such documentation as Nextel may
reasonably request to transfer title to Nextel, (ii) title to Replacement Equipment provided by Nextel will
pass to Incumbent at Closing and Nextel shall execute such documentation as Incumbent may reasonably
request to transfer title to Incumbent free and clear of liens, and (iii) Incumbent shall deliver the Replaced
Equipment to Nextel at Nextel's cost, pursuant to Nextel's shipment instructions, and prior to the
Reconciliation Date.
(b) If Incumbent fails to return any item of the Replaced Equipment to Nextel, Incumbent
must return to Nextel those items of the Replacement Equipment that would have replaced the Replaced
Equipment not returned, prior to the Reconciliation Date. If Incumbent fails to return any item of the
Replaced Equipment to Nextel under this Section 20(b) and a Product Typical Value is set forth in
Schedule E for the item of Replacement Equipment then either: (i) Nextel will deduct the Product Typical
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Attachment number 1
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Value (as set forth in Schedule E) for those items of Replacement Equipment provided to replace the
Replaced Equipment not returned to Nextel (including tax (if any) and shipping) (the "Nextel Equipment
Refund") from the final payment due to Incumbent after the Reconciliation; (ii) Incumbent must pay
Nextel the Nextel Equipment Refund for those items of Replacement Equipment not returned to Nextel in
accordance with Section 3(b )(ii) (if no final payment is due to Incumbent); or (iii) Nextel will deduct the
portion of the Nextel Equipment Refund up to the value of the final payment due to Incumbent and
Incumbent must pay Nextel the remaining Nextel Equipment Refund not covered by the final payment in
accordance with Section 3(b)(ii) (If the final payment due Incumbent is less than the Nextel Equipment
Refund), or (iv) Incumbent can purchase equipment identical to the Replacement Equipment from any
source and send the equipment to Nextel prior to the Reconciliation Date.
21. Termination: This Agreement may be terminated and the transactions contemplated by this
Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) for cause by either
Party upon material breach of the other Party, following a thirty (30) day period for cure by the breaching
Party following written notice of the breach; (iii) by Incumbent, in the event that a proposed amendment
is not approved, pursuant to Section 8; or (iv) by Nextel prior to Closing in the event of any Adverse
Decision affecting the Order by any governmental entity of competent jurisdiction. For purposes of this
Agreement, an "Adverse Decision affecting the Order" means an order, decree, opinion, report or any
other form of decision by a governmental entity of competent jurisdiction that results, in whole or part, in
a stay, remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel determines,
in its sole discretion, to be adverse to its interests. In the event of termination, the Parties shall take all
necessary action (including preparing and filing FCC documents) to return the status quo ante on the date of
this Agreement. In the event oftermination, Nextel shall pay all costs associated with the return to the status
quo ante, as well as all Incumbent costs expended in the Agreement negotiations and implementation, except
if such termination was due to an uncured material breach by Incumbent. Should Incumbent terminate this
Agreement pursuant to subsection (iii), Incumbent shall not be released of its obligations under the Order.
22. Attornev's Fees: In any legal proceeding by a Party to enforce its rights under this
Agreement against the other Party, the Party prevailing in such proceeding will be entitled to recover its
reasonable attorney's fees and costs from the other Party.
23. Notices: All notices and other communications under this Agreement must be in writing and
will be deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the next business day
if sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) business days if sent
by certified mail, return receipt requested, postage prepaid. All notices are to be delivered to the Parties at
the following addresses:
If to Incumbent, to:
City of Clearwater
112 S. Osceola Avenue
Clearwater, 33756-5103
1900 Grand Ave
Clearwater, FL 33765
Attn: Laura Lipowski,
Phone (727) 562-4015
Fax: (727) 562-4021
Email: Laura.Lipowski@myClearwater.com
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If to Nextel, to:
Nextel South Corp.
c/o Nextel Communications, Inc.
2001 Edmund Halley Drive
Reston, VA 20191
Attn: Heather P. Brown, Esq.
Phone: (703) 433-4000
Fax: (703) 433-4483
Heather .Brown@sprint.com
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Item # 38
Attachment number 1
Page 9 of 28
With a copy that shall not
constitute Notice:
City of Clearwater
1900 Grand Ave
Clearwater, FL 33765
Rick Carnley, Assistant Director, General Services
Phone (727) 562-4891
Fax: (727) 562-4895
Email: rick.carnley@myClearwater.com
With a copy that shall not
constitute Notice:
Nextel Communications, Inc.
6575 The Comers Parkway
Norcross, GA 30092
Attn: William Jenkins, VP Spectrum Resources
Phone: (770) 326-7484
Fax: (678) 405-8252
and
Alan S. Tilles, Esquire
Shulman Rogers Gandal Pordy & Ecker, P.A.
11921 Rockville Pike, Third Floor
Rockville, Maryland 20852
Phone: (301) 231-0930
Fax: (301) 230-2891
24. Assi2:nment: This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and permitted assigns. Either Party may assign this Agreement to any direct or
indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party.
25. Amendments: This Agreement, including without limitation the scope of work
contemplated hereby and the Estimated Cost thereof to be paid by Nextel, may be amended or modified
only by a written instrument signed by authorized representatives of both Parties, provided, however, no
amendment or modification to this Agreement shall become effective until approved by the Transition
Administrator, or the FCC after an adverse decision by the Transition Administrator.
26. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted
assigns, and nothing in this Agreement gives or should be construed to give any legal or equitable rights
under this Agreement to any person or entity, other than (i) the successors and assigns of the Parties, and
(ii) the Transition Administrator as specifically provided in this Agreement.
27. Miscellaneous: If any provision(s) of this Agreement is held in whole or part, to be invalid,
void or unlawful by any administrative agency or court of competent jurisdiction, then such provision(s)
will be deemed severable from the remainder of this Agreement, will in no way affect, impair or
invalidate any other provision contained in the Agreement and the Parties will use their commercially
reasonable efforts to amend this Agreement to make the unlawful provision compliant with applicable law
so as to preserve the rights and obligations of the Parties. No action taken pursuant to this Agreement
should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or
agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent
breach, whether of a similar or dissimilar nature. This Agreement, together with the Schedules, constitutes
the entire understanding and agreement between the Parties concerning the subject matter of this
Agreement, and supersedes all prior oral or written agreements or understandings. This Agreement is
governed by the laws of the State of Florida without regard to conflicts of law principles thereof. This
Agreement may be executed in one or more counterparts, including by facsimile, which will be effective
as original agreements of the Parties executing the counterpart. In consideration of the mutual
consideration set forth herein, this Agreement is effective as a legally binding agreement between the
Parties upon execution by the Parties.
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INCUMBENT: NEXTEL:
City of Clearwater (FL) Nextel South Corp,
By:
By: Name:
Name: Frank V. Hibbard Title:
Title: Mayor
Countersigned:
By:
William B. Home II
City Manager
Approved as to form:
By:
Laura Li powski
Assistant City Attorney
Attest:
By:
Cynthia E. Goudeau
City Clerk
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SCHEDULE A
Incumbent Frequencies
Incumbent Name: City of Clearwater (FL)
Incumbent Assigns to Nextel:
Call Sign Frequencies Licensee City # of Exp Date Lat (N) Long (W)
Freqs
WNHB993 860.4375 CLEARWATER, CLEARWATER 1 3/20/2011 28' l' 55,1' N 82' 41' 15.4' W
CITY OF
WNHB993 860.4375 CLEARWATER, CLEARWATER 1 3/20/2011 27' 56' 43, l' N 82' 47' 12.4' W
CITY OF
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SCHEDULE B
Replacement Frequencies
Incumbent Name: City of Clearwater (FL)
Nextel Assigns to Incumbent:
Replacement ERP Gnd Ant.
Lat (N) Long (W) Elev Height New Licensee City
Frequencies (W) (ft) (ft)
858,1875 27' 56' 43,1 N 82' 47' 12.4 W 220 66 ft. 312 ft. CLEARWATER, CLEARWATER
CITY OF
858,1875 28' l' 55,1 N 82' 41' 15.4 W 220 52 ft. 305 ft. CLEARWATER, CLEARWATER
CITY OF
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SCHEDULE C
800 MHZ RECONFIGURA TION
COST ESTIMATE - CERTIFIED REQUEST
Incumbent's Name: City of Clearwater
ReQuest for Reconfi2:uration Fundin2:
Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel to
fund the estimated reconfiguration costs included below:
Incumbent Payment Terms: Nextel will pay Incumbent an amount not to exceed the Estimated Cost(s)
for Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent
$13,930.00 within 15 days (30 days ifIncumbent elects to be paid by check rather than electronic funds
transfer) after receipt by Sprint Nextel of the fully executed Agreement and fully completed Incumbent
Information Form (as set forth on Exhibit A). Nextel will pay any outstanding balance of the Actual
Costs due to Incumbent within 30 days after the Reconciliation Date (as "Actual Costs" and
"Reconciliation Date" are defined in Section 3(b)(i)).
Vendor Payment Terms: Sprint Nextel will pay each Vendor an amount not to exceed the Estimated
Cost(s) for that Vendor with respect to each category of work, as set forth below. Sprint Nextel will pay
each Vendor within 30 days after receipt by Sprint Nextel of (A) an invoice from the Vendor and (B)
Incumbent's approval of receipt of goods and services and approval of associated costs included on the
Vendor invoice.
1. System Description The City of Clearwater 800 MHz radio system consists of a two-site, eleven
channel simulcast EDACS system. The system uses interleaved frequencies, licensed under FCC
Call Sign WNHB993. One frequency is in the Expansion Band, 860.4375 MHz, and they have
chosen to retune it. In addition, Clearwater has interoperability with the Florida Mutual Aid
System (MFLA) and individually with the County of Hillsborough's trunked NPSPAC system.
Thus, the timing of Clearwater's retune must be coordinated with these other systems in order to
maintain interoperability.
The maior system elements to be reconfi2:ured are summarized in the table below:
Total In Total T , 1 'mFRA
Base station frequencies
- Voice channels 1 1
- Home/Control channels
Repeater sites 2 2
Other sites (remote recv, BDA)
Subscriber units retuned
Subscriber units reprogrammed 1073 1073
Subscriber units replaced 1027 1027
Entities operating on the 2 1
system
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2, Reconfi2:uration Milestones:
Reconfigure Subscriber
Equipment
Reconfigure Infrastructure
Equipment
45
30
3. Implementation Plan: The attached Implementation Plan and associated deliverables describe the
reconfiguration implementation plan resulting from funds expended under the Planning Funding
Agreement dated [not applicable].
No Planning Funding Agreement was developed.
4. Cost Estimate:
Description of Work To Be Performed Payee (separately Estimated Cost(s) for
identify Incumbent and Incumbent and each
each Vendor being paid Vendor (Not to exceed
for work performed) listed amount)
I. Subscriber Equipment Reconfiguration Communications
International, Inc (vendor)
a. Subscriber Equipment Reconfiguration 4450 US Highway I
Vero Beach, FL, 32962
Mobile & Portable Radios retuned Attn: Guy Stevens $ 115,500.00
(includes Hillsborough new freqs also into Phone: 772-569-5355
these Clearwater radios) FAX: 772-567-2292
2100 radios @ $55.00 per unit
Remove and Install mobiles $ 112,000.00
Estimate 280 units @ $400 per unit
b. Project Management
Coordinate personnel and resources $ 3,200.00
required for reprogramming and
replacement of equip effort. Coordinate
and document on-going subscriber repgm
and replace. Coordinate with City mgmt on
final proj ect overview.
32 hours @ $100 per hour
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Description of Work To Be Performed Payee (separately Estimated Cost(s) for
identify Incumbent and Incumbent and each
each Vendor being paid Vendor (Not to exceed
for work performed) listed amount)
Coordinate with Hillsborough County for $ 7,400.00
scheduling and logistics on NPSPAC
programming so as to only do one touch.
Coordinate with Pine lias County on mutual
aid reprogramming and logistics. Work
with client to develop final schedules,
locations and logistics needed for the
reprogramming effort, and to notify cities
and agencies. Provide status updates.
74 hours @ $100 per hour
Oversee final documentation and validate $ 1,200.00
freq profiles.
12 hours @ $100 per hour
c. Travel Costs
Travel Costs from Vero Beach to Flagler $ 7,920.00
County for retune. Estimate for 8 trips by
4 technicians of 3 hours each, totaling 96
hours. 96 hrs @ $82.50 per hour
Per diem and lodging $ 18,900.00
Est. 4 men for 21 days
4 men x 21 days @ $225 per day per man
II. Infrastructure Equipment Communications
Reconfiguration International, Inc (vendor)
4450 US Highway I
a. Repeater Site Infrastructure Vero Beach, FL, 32962
AUn: Guy Stevens
Retune channel at 2 sites to new frequency, Phone: 772-569-5355 $ 2,722.50
est 33 hrs total: FAX: 772-567-2292
Repgm one channel (2 sites x 2 man-hrs)
Retune combiner ( 2 sites x 2 hrs)
Travel time to site (2 sites x 0.5 hrs)
Repgm TU and CCM (2 sites x 2 hrs)
Repgm alignment radio (l hr)
Test system (3 hrs)
Control point team, voter and signals
(2 sites x 8 man-hrs)
Total 33 hours @ $82.5 per hour
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Description of Work To Be Performed
b. Project Management
Coordination of personnel required for
infrastructure reband. Oversee & coord
overall effort and on-going status meetings
and documentation.
25 hours @ $100 per hour
Coordinate with system engineer and
technical staff to verify compliance to FRA
and SOW
12 hours @ $100 per hour
Assemble final documentation of
infrastructure reband. Coordinate with
incumbent, etc. for project completion
documentation
8 hours @ $ 100 per hour
c. Travel Costs
Travel Costs, for infrastructure team from
Vero Beach. 2 men, 2 trips, 3 hours
totaling 12 hours
(12 hrs @ $82.50 per hour)
Per Diem for Infrastructure team.
(2 men, 2 days @ $225.00 per day)
III. Engineering and Verification
a. Planning Costs, if Required
1. System Inventory
Coordinate with agencies included on the
system with assembling an estimated
inventory. 18 hours @ $100 per hour
2. Implementation Plan
Initial meetings, incl. travel. Preparing
coordination with Hillsborough and
Pinellas Counties. Provide planning and
coordination for the preparation of final
proposal. Internal review and approvals.
Respond to questions, revise documents
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Payee (separately
identify Incumbent and
each Vendor being paid
for work performed)
Communications
International, Inc (vendor)
4450 US Highway 1
Vero Beach, FL, 32962
Attn: Guy Stevens
Phone: 772-569-5355
FAX: 772-567-2292
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Attachment number 1
Page 16 of 28
Estimated Cost(s) for
Incumbent and each
Vendor (Not to exceed
listed amount)
$ 2,500.00
$ 1,200.00
$ 800.00
$ 990.00
$ 900.00
$ 1,800.00
$ 5,400.00
Item # 38
Attachment number 1
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Description of Work To Be Performed Payee (separately Estimated Cost(s) for
identify Incumbent and Incumbent and each
each Vendor being paid Vendor (Not to exceed
for work performed) listed amount)
and participate in negotiations and calls.
54 hours @ $100 per hour.
Attend project meetings with client, $ 1,600.00
attorneys and other rebanding personnel.
Includes travel for meetings on site.
16 hours @ $100 per hour
IV. Contracts and Legal City of Clearwater $ 1,610.00
(incumbent)
a. Legal Fees to Negotiate FRA 1900 Grand Ave.
Clearwater, FL 33765
Legal fees to negotiate FRA and review of Attn: Rick Carnley
contract Phone: 727-562-4891
35 hours @ $46 per hour
IV. Contracts and Legal Shulman Rogers Gandal
Pordy & Ecker, P A
a. Legal fees to negotiate FRA and review (vendor) $ 12,000.00
of contract and preparing Closing 11921 Rockville Pike,
documents Third Floor,
30 hours @ not to exceed $400 per hour Rockville MD 20852
Attn: Alan Tilles, Esq.
b. FCC Licensing Work 301- 231-0930
Regulatory filings for 2 sets of $ 2,975.00
applications, consummation notices,
rebanding deadline notices and deadline
coordination.
17 hours @ $175 per hour
c. Other Legal Fees
Review of Closing Documents $ 750.00
set fee @ $750
V. Other Costs City of Clearwater
(incumbent)
a. Other Project Management 1900 Grand Ave.
Clearwater, FL 33765
Internal Project Management - retention of Attn: Rick Carnley $ 1,250.00
outside counsel, contract review, Phone: 727-562-4891
attendance at meetings with counsel and
vendor, SOW review, other meetings and
calls.
25 hours @ $50 per hour
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Description of Work To Be Performed Payee (separately Estimated Cost(s) for
identify Incumbent and Incumbent and each
each Vendor being paid Vendor (Not to exceed
for work performed) listed amount)
b. Reimburse incumbent for programming $ 25,000.00
time for mobiles
estimate 2 hrs per vehicle to include travel
plus removal and installation of radio.
250 vehicles x 2hr x $50 per person
V. Other Costs
Communications
a. Other Project Management International, Inc (vendor)
4450 US Highway 1
Prepare and assemble final project Vero Beach, FL, 32962 $ 800.00
documentation. Assist in project's final Attn: Guy Stevens
reconciliation. Store and prepare all final Phone: 772-569-5355
documentation for audit. FAX: 772-567-2292
8 hours @ $100 per hour
b. Contingency $ 11,486.50
Total Estimated Costs $ 339,904,00
Certification
Pursuant to the Order, Incumbent hereby certifies to the Transition Administrator appointed pursuant to
the Order that the funds requested above are the minimum necessary to provide Incumbent reconfigured
facilities comparable to those presently in use. If applicable, Incumbent further certifies, to the best of
Incumbent's knowledge, that any vendor costs listed on Schedule C are comparable to costs that vendor
previously charged Incumbent for similar work.
Signature:
Print Name:
Title:
Phone Number:
E-mail
Date:
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SCHEDULE D
Incumbent: Clearwater, FL
1) Replacement Equipment (to be provided by Nextel)
Quantitv Manufacturer Descriotion Model Number
205 M/ A -Com M7100IP Radio Type 806-870 MHz, 35W, MAHG-S8MXX
EDACS tmnking
205 M/ A -Com FEATURE PACKAGE, EDACS MAHG-ED
TRUNKING OPERATION (includes
Conventional operation)
51 M/ A -Com CONTROL UNIT, SCAN, REMOTE MAHG-CP7W
MOUNT
154 M/ A -Com CONTROL UNIT, SCAN, FRONT MAHG-CP7U
MOUNT
5 M/ A -Com MICROPHONE, DESK MAHG-MC5A
200 M/ A -Com MICROPHONE, MOBILE MAHG-MC7T
51 M/ A -Com KIT, ACCESSORY, REMOTE MOUNT, MAHG-ZN5Y
50W TX AND BELOW
149 M/ A -Com KIT, ACCESSORY, FRONT MOUNT, MAHG-ZN5W
60W TX AND BELOW
5 M/ A -Com DESKTOP BASE, TONE REMOTE, DSDX04
LOCAL CONTROL
681 M/ A -Com P5l50 Radio Type (Scan) MAHM-S8DXX
806-870 MHz
34 M/ A -Com P5l30 Radio Type (Select) MAHM-L8DXX
806-870 MHz
715 M/ A -Com ANTENNA, 806-870 MHZ, WHIP<IS> MAHM-NC1K
1430 M/ A -Com BATTERY, NIMH, EXTRA HIGH MAHM-PA9P
CAPACITY
335 M/ A -Com MICROPHONE, LAPEL/ANTENNA MAHM-AE7B
PROVISION Includes Rubber PTT Button,
Emergency Button, 2-Position Volume
Control, Earphone Jack, and Antenna Port
(Order antenna separately) <IS>
380 M/ A -Com MICROPHONE, LAPEL Includes Rubber MAHM-AE7A
PTT Button, Emergency Button, 2-Position
Volume Control, and Earphone Jack<IS>
715 M/ A -Com BELT CLIP, METAL<IS> MAHM-HC7P
715 M/ A -Com CHARGER, DESK, RAPID, 120/230 V AC MAHM -CH9E
40 M/ A -Com CHARGER, MUL TI, RAPID, 120/230 MAHM-CH9A
VAC
44 M/ A -Com P7l70IP Radio Type System HT7170T81X
806-870 MHz
63 M/ A -Com P7l50IP Radio Type System HT7l50S81X
806-870 MHz
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34 M/ A -Com FEATURE PACKAGE, EDACS HTED
TRUNKING OPERATION (includes
Conventional operation)
63 M/ A -Com FEATURE PACKAGE, PROVOICE HTPV
DIGITAL TRUNKING OPERATION
(includes EDACS and Conventional
operation)
63 M/ A -Com DIGITAL VOICE, AEGIS HTPL3T
107 M/ A -Com ANTENNA, 806-870 MHZ, WHIP <IS> HTNC1K
214 M/ A -Com BATTERY, NIMH, EXTRA HIGH HTP A9P
CAPACITY
1 M/ A -Com MICROPHONE, LAPEL/ANTENNA HT AE7B
PROVISION Includes Rubber PTT Button,
Emergency Button, 2-Position Volume
Control, Earphone Jack, and Antenna Port
(Order antenna separately) <IS>
107 M/ A -Com MICROPHONE, LAPEL Includes Rubber HTAE7A
PTT Button, Emergency Button, 2-Position
Volume Control, and Earphone Jack <IS>
96 M/ A -Com BELT CLIP, METAL<IS> HTHC7P
107 M/ A -Com CHARGER, DESK, RAPID, 120/230 V AC HTCH9E
2) Replaced Equipment (to be delivered to Nextel prior to the
Reconciliation Date)
Quantitv Manufacturer Description Model Number
6 Mobile Radio MDX / PM82SP
20 Mobile Radio FMD (ALPHA) /
19C336860P13
123 Mobile Radio FMD (NUMERIC) /
19C336860P13
48 Mobile Radio Rangr/19C852802P2
3 Mobile Radio MDR / PM8IDN
1 Control Station with tone remote base MDX / PM82SP
4 Control Station each with tone remote base Rangr/19C852802P2
5 Desk Mics
200 Mobile Mics
16 Portable Radio PCS Scan / KRD 1 0311811
32 Battery 19A 705293P2
16 Antenna PCNC3L
16 Charger 19A705493P2
16 Beltclip PAHC1C
16 Spk/mic PCAE3P
2 Bank Charger BMLl6l51/024
34 Portable Radio MPD Select! 19B80l503P4
68 Battery BKB19l205/4
34 Antenna KRElOll223/0l
34 Charger BMLl6l51/02l
34 Beltclip PAHC1C
34 Spk/mic KRYlOll617112
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Quantitv Manufacturer Descriotion Model Number
32 Bank Charger 19B80 l506P6
335 Portable Radio MPD Scan I 19B80l503P5
670 Battery BKB19l205/4
335 Antenna KRElOll223/0l
335 Beltclip PAHC1C
335 Spk/mic KRYlOll617112
335 Charger BMLl6l51/02l
64 Portable Radio MPA Scan/PAPST5
128 Battery BKB19l205/4
64 Antenna KRElOl223/0l
64 Charger BMLl6l51/02l
64 Beltclip PAHC1C
64 Spk/mic KRYlOll617112
266 Portable Radio LPE-200 Scan I KRD 1 03 1031
A3l
532 Battery H9P A 7M
266 Spk/mic KRYlOl 1617/73
266 Antenna H9NC1K
266 Charger BMLl6l5911
6 Bank Charger 344A3072P9
1 Portable Radio PC S System I KRD 1 03118/2
2 Battery 19A 705293P2
1 Antenna PCNC3L
1 Charger 19A705493P2
1 Beltclip PAHC1C
1 Spk/mic PCAE3P
14 Portable Radio MPD System I 19B80 l503P6
28 Battery BKB19l205/4
14 Antenna KRElOll223/0l
14 Charge BMLl6l51/02lr
14 Spk/mic KRYlOll617112
63 Portable Radio MPD Voice Guardl PVZJlXS
126 Battery BKB19l205/4
63 Antenna KRElOll223/0l
63 Charger BMLl6l51/02l
63 Beltclip PAHC1C
63 Spk/mic KR YlO 10617 112
10 Portable Radio MPD System I 19B80 l503P6
20 Battery BKB19l205/4
10 Antenna KRElOll223/0l
10 Charger BMLl6l51/02l
10 Beltclip PAHC1C
10 Spk/mic KRYlOll617112
8 Portable Radio MPA System/PAZAT6
16 Battery BKB19l205/4
8 Antenna KRElOll223/0l
8 Charger BMLl6l51/02l
8 Beltclip PAHC1C
9 Spk/Mic KRYlOll617112
11 Portable Radio Prism System I KRD 103 1031
A2l
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Quantitv Manufacturer Descriotion Model Number
11 Antenna H9NCIK
22 Battery H9P A 7M
11 Beltclip PAHCIC
11 Spk/mic H9AE5E
11 Charger H9CH7T
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Item # 38
Attachment number 1
Page 23 of 28
SCHEDULE E
Product Typical Values
The Product Typical Values for Replacement Equipment shall be:
a. for Replacement Equipment set forth on Schedule C, the cost shown on Schedule C for
the item of Replacement Equipment; or
b. for Replacement Equipment comprising MIA-COM subscriber radios, options and
accessories, the most recent price list as of the date a reconciliation statement is sent to
Incumbent by Nextelless 15%.
In lieu of paying the Product Typical Value as stated above, Incumbent can purchase equipment identical
to the Replacement Equipment from any source and send the equipment to Nextel prior to the
Reconciliation Date.
Page 23 of 28
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Item # 38
Attachment number 1
Page 24 of 28
EXHIBIT A
Incumbent Information
The following questions are required for processing Electronic Funds Transfers and if Incumbent
wants Nextel to complete the FCCfilings on its behalj: All information contained herein shall be kept
strictly confidential and will be used only in completion of the Frequency Reconfiguration transaction,
I. INCUMBENT INFORMA nON
Please provide the following information:
Company/Name:
Contact: Title:
Address:
City/State/Zip:
Phone:
Fax:
Ifnot identified in the contract, please provide the following:
If Incumbent is a Partnership, please provide name, address and phone numbers of all other partners:
Name:
Address:
Name:
Address:
City/State/Zip:
Phone:
City/State/Zip:
Phone:
II, BANK ACCOUNT INFORMA nON (Required for payment via electronic funds transfer.)
Name of Bank:
Address of Bank:
City/State/Zip:
Bank Phone #:
ABA (Routing #):
Account #:
Name on Account:
Federal, State or Individual SS #:
Name of Brokerage Firm (if applicable):
Brokerage Account # (if applicable ):
In the event Incumbent will not provide information for electronic funds transfer, Incumbent
acknowledges that all payments made by check will be mailed within thirty (30) days of the date of
performance required by Incumbent (for each payment) as stipulated in the Agreement,
Acknowledged by Incumbent:
required only if Incumbent does not want an electronic funds transfer)
(signature
Page 24 of 28
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Item # 38
Attachment number 1
Page 25 of 28
III, TAX INFORMATION
The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the
transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange).
Therefore, it is necessary for Nextel to collect the information below. If you have specific questions
about your tax implications in this transaction, you should consult your own accountant or financial
advisor.
Incumbent's Federal, State or Individual Tax ID #,
FEIN (Federal) or SSN (individuals):
State(s) - sales tax license, resale permit,
employment, etc.):
Local (if applicable):
Current State and County location for your
principal executive office:
If there has been more than one location for the
principal executive office within the past five (5)
years, list each such City/County/State location:
IV, REGULA TORY INFORMATION
Would you like Nextel's Regulatory department to prepare and file all necessary FCC paperwork
on your behalf? Yes / No
If yes, please provide the following Universal
Licensing System ("ULS") information for your
licenses:
If no, please provide the following information
regarding who will take care of the preparation and
filing of all necessary FCC paperwork on your
behalf:
FRN (FCC Registration Number):
Contact Name:
Organization:
ULS PASSWORD:
Address:
City:
Contact Representative for any FCC related
Issues:
State/Zip:
Name:
Phone Number:
Email Address:
Page 25 of 28
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Item # 38
Attachment number 1
Page 26 of 28
Phone Number:
I hereby acknowledge that all of the information provided herein is true and correct as of the date
signed below,
Incumbent Signature:
Print Name:
Title:
Date:
Page 26 of 28
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Item # 38
Attachment number 1
Page 27 of 28
EXHIBIT Bl
Reconciliation Documentation
Certification of Labor Rates
Incumbent hereby certifies that the information provided herewith for the Frequency Reconfiguration
Agreement dated with Nextel ("FRA") is true and complete to the best ofIncumbent's knowledge.
Incumbent further certifies that the reimbursed rate/s listed in the attached invoice(s), if any, have been
determined in accordance with the T A's policy on Incumbent Labor Rates as documented at
as of the date of this statement.
The Incumbent acknowledges that all costs incurred and/or charged by Incumbent, if any, are subject to
the Review Rights (as that term is defined in the FRA with Nextel) of the TA. Incumbent agrees to the
foregoing calculations (without changes) in accordance with the terms of the FRA.
Incumbent Name:
Related Invoice #'s:
Signature:
Name:
Title:
Date:
Page 27 of 28
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Item # 38
Attachment number 1
Page 28 of 28
EXHIBIT B2
INCUMBENT INTERNAL REBANDING COSTS
Pursuant to the Frequency Relocation Agreement made the _ day of , 2006 by and
between Incumbent Name and Nextel Name, I, ("Incumbent")
verify and acknowledge that all goods/services identified in Schedule C for completion by the Incumbent
and referenced below have been performed.
Description of Work
Done
Mobile/Portable
Radios Retunes
Repeaters Retuned
Combiners Retuned
Install, verify
operation & remove
temporary equipment
Field service
preplanning support,
Frequency Review,
Develop Transition
Plan, Testing
Project Management,
SOW Preparation, Cost
Estimates, Contract
Negotiations,
Engineering Support
and preplanning
meeting, transition
planning, coordination
of personnel
Engineering non-labor
travel costs (Travel
to/from, rental car,
hotel)
Other
Hours or Units
com leted
Cost per Hour or
Unit
$$$
Total Cost
$xxxxx
xxx
$xxxxx
$xxxxx
$xxxxx
$xxxxx
$xxxxx
$xxxxx
$xxxxx
By:
Name:
Title:
Phone Number:
Date:
TOTAL
$xxx,xx
Agenda, PDFConvert.4 710
Page 28 of 28
Item # 38
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract by purchase order to Pinellas County Solid Waste for an operating expenditure of $5,200,000 for the disposal of
solid waste at the Pine lIas County waste to energy plant/landfill for the period October 4,2007 through October 31,2008 as
provided in the City's Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize
the appropriate officials to execute the same.(consent)
SUMMARY:
Pinellas County operates the only waste to energy plant and landfill in the county.
Type:
Current Year Budget?:
Purchase
Yes
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
4,800,000
Annual Operating Cost:
Total Cost:
4,800,000
5,200,000
10/4/07 to 10/31/08
Appropriation Code
0-424-02082- 5 4 3 5 00- 534-
000-0000
0-424-02083 - 5 4 3 5 00- 534-
000-0000
0-424-02089- 5 4 3 5 00- 534-
000-0000
Amount
2,300,000
Appropriation Comment
1,800,000
1,100,000
Review Approval: 1) Clerk
Cover Memo
Item # 39
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an lnterlocal Agreement between the City of Clearwater and the City of Safety Harbor for three years commencing
October 1, 2007 to receive, process and market Safety Harbor's recyclable commodities and authorize the appropriate officials to
execute the same. (consent)
SUMMARY:
Safety Harbor is establishing their own curbside recycling collection program within its city limits. Prior to now, collection and
marketing of recyclable commodities was performed by a private company. The City of Clearwater's Solid Waste/General Services
Dept.'s recycling operations would like to receive, process and market Safety Harbor's recycling (recovered) commodities for a fee
of $20.50 per ton processed. This project is in the best interest of both city's residents. Both cities will cooperatively work together
under the provisions of this formal agreement. No additional resources or FTEs will be needed to support this agreement.
Type:
Current Year Budget?:
Other
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
None
Annual Operating Cost:
Total Cost:
to
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
None
Review Approval: 1) Clerk
Cover Memo
Item # 40
Attachment number 1
Page 1 of 10
INTERLOCAL AGREEMENT
This Agreement entered into this day of , 2007, by and
between the CITY OF CLEARWATER, Florida, a municipal corporation of the
State of Florida, (hereinafter referred to as the "Buyer") and the CITY OF
SAFETY HARBOR, Florida, a municipal corporation of the State of Florida,
(hereinafter referred to as the "Supplier").
WITNESSETH
WHEREAS, the Supplier is establishing a curbside recycling program within its
city limits hereinafter referred to as the "Project"; and
WHEREAS, the Buyer desires to accept, process and market the recovered
materials collected by the Supplier for a fee; and
WHEREAS, the Supplier and the Buyer desire to enter into this Agreement
pursuant to Section 163.01, Florida Statues, for the purpose of cooperatively
working together on the Project; and
WHEREAS, the Supplier and the Buyer have determined that it is in their best
interest to cooperate in this matter under certain conditions and provisions.
WHEREAS, the Project and the mutual cooperation of the Supplier and Buyer
serves a public purpose, and is in the best interest of the residents of the Buyer
and Supplier; and
NOW THEREFORE, in consideration of the promises and mutual
covenants contained herein, the parties hereto agree as follows:
1, Introduction
1 .1 The above recitals are true and correct and incorporated herein as
if set forth in full.
1.2 This agreement is entered into in accordance with Chapter 163,
Florida Statues.
1.3 The purpose of this Interlocal Agreement is to define the
obligations and responsibilities of the Supplier, and the Buyer with
respect to the following service:
Item # 40
Attachment number 1
Page 2 of 10
1.3.1 Processing recovered materials collected by the Supplier
and delivered to the Buyer at 1701 N. Hercules Ave.,
Clearwater, FL 33765 (hereinafter referred to as the
"Location").
1.3.2 Marketing of those same recovered materials collected by
the Supplier and delivered to the Buyer.
1.3.3 Provide payment and documentation to the Supplier for
recovered materials collected by the Supplier and delivered
to the Buyer.
2, Definitions
2.1 Contaminants: Any materials that are not recovered materials
collected by the Supplier and delivered to the Buyer.
2.2 Net Revenue: Revenue derived from the sale of recovered
materials after deductions for Processing Fees and, if any,
contam inants.
2.3 Processinq Fee: Fee charged by the Buyer for processing
recovered materials. Processing fees are subject to change with
thirty (30) days written notice by mail or email. Current processing
fees are: Newspaper $20.50 per ton; Cardboard $20.50 per ton;
Mixed Paper $21.50 per ton; Plastic Bottles $20.50 per ton; Steel
Cans $20.50 per ton; Aluminum Cans $0.20 per pound.
2.4 Recovered Materials: Newspaper, cardboard, mixed paper, plastic
bottles, steel cans, and alum inum cans.
3, Recovered Materials to be Processed and Marketed
3.1 Newspaper - Includes only clean, dry, non-sun-bleached
newspaperandi~inserts.
3.2 Cardboard - Includes only clean corrugated cardboard.
3.3 Mixed Paper - Includes all other clean paper (e.g., any clean paper
product that can be torn by hand).
3.4 Plastic Bottles - Includes only #1 and #2 narrow-neck plastic
bottles.
Item # 40
Attachment number 1
Page 3 of 10
3.5 Steel Cans
3.6 Aluminum Cans
4, Responsibilities of the Supplier
4.1 Contact Person: The Supplier shall designate in writing a person or
persons through whom the Buyer will communicate regarding this
Agreement. (See Appendix A).
4.2 Recovered Materials: The Supplier shall provide uncontaminated
and properly sorted recovered materials to the Buyer. Should the
recovered materials be contaminated or not sorted properly, the
Buyer may deduct a percentage of the materials as contaminated.
4.3 Processinq and Marketinq Services: If the Buyer determines that a
delivery contains an excessive amount of contamination (10% or
greater), the Buyer may charge the Supplier to dispose of the
contam inants.
4.4 Risk, Liability, and Indemnity: The Supplier assumes, and, to the
fullest extent allowed by State law (Constitutional and/or Statutory,
as amended), shall defend, indemnify, and hold the Buyer
harmless from and against all liability, which the Buyer may incur or
in any way be subjected to, on account of death of or injury to any
person whomsoever (including officers, agents, employees or
invitees of the Buyer), and for damage to or loss of or destruction of
any property whatsoever, arising out of, resulting from, or in any
way connected with the Supplier's delivering of recovered materials
to the Location, EXCEPT when such liability is proven to have been
caused solely by the willful misconduct or negligence of the Buyer.
5, Responsibilities of the Buver
5.1 Commencement of Duties: The Buyer shall begin providing the
services defined within this Agreement on October 1, 2007.
5.2 Hours of Operation: The Buyer shall accept delivery of recovered
materials from the Supplier between the hours of 7:00 a.m. and
3:00 p.m. on weekdays excluding Buyer's recognized holidays for
Thanksgiving, Christmas and New Years.
5.3 Processinq and Marketinq Services:
5.3.1 The Buyer shall process and market all recovered materials.
Item # 40
Attachment number 1
Page 4 of 10
5.3.2 The Buyer shall share revenue generated from the sale of
recovered materials received from the Supplier in
accordance with Section 6.1 .
5.3.3 The Buyer is responsible for the disposal of a nominal
amount (less than 10%) of non-toxic contam inants included
in the recovered materials delivered by the Seller.
5.4 Reportinq: The Buyer shall provide a monthly report by the 10th
business day of the month for the immediately preceding month in
accordance with Section 6.2.
5.5 Contact Person: The Buyer shall designate in writing a person or
persons through whom the Supplier will communicate about this
Agreement. (See Appendix A).
6, Compensation and Net Revenue Share
6.1 Net Revenues: The Buyer shall compensate the Supplier for
recovered materials based on the market price that the Buyer
receives and the following formulas:
6.1.1 Newspaper: 75% of the Market Price per ton less the
Processing Fee per ton.
For Example:
Market Price = $100 per ton
Processing Fee = $20.50 per ton
Formula: 75% of ($100-20.50)
Or 75% of $79.50
Or $59.63 per ton
6.1.2 Cardboard: 75% of the Market Price per ton less the
Processing Fee per ton.
6.1.3 Mixed Paper: 60% of the Market Price per ton less the
Processing Fee per ton.
6.1.4 Plastic: 60% of the Market Price per ton less the Processing
Fee per ton.
6.1.5 Steel Cans: 60% of the Market Price per ton less the
Processing Fee per ton.
6.1.6 Aluminum Cans: Market Price per pound less $0.20 per
pound after a 5% contam ination deduction by weight is
Item # 40
Attachment number 1
Page 5 of 10
made. (NOTE: This 5% deduction is based on the historical
deduction that Clearwater's market partner makes on
shipments of clean, sorted aluminum cans.)
For Example:
Market Price = $0.70 per pound
Processing Fee = $0.20 per pound
Pounds Delivered = 1,000 pounds
Formula: ($0.70 - $0.20) x (95% of 1,000 pounds)
Or ($0.50 x 950 pounds)
Or $475.00
6.1.7 All revenue shall be credited or paid to the Supplier in
accordance with Section 6.1.1 through 6.1.6.
6.2 Reportinq: By the tenth (10th) business day of each month, the
Buyer shall send via fax or email a recap of recovered materials
processed and marketed for the immediately preceding month to
the Supplier. This recap will state the total weight of each
recovered material type collected, the market price at which each
material was sold, and net revenues due to the Supplier. The
Buyer will at the same time request a check to pay to the Supplier
the amount identified as the net revenues due to the Supplier. All
the payments shall be made in accordance with Section S218.70,
Florida Statutes.
7, Audit
The Supplier may audit all Buyer records with respect to this contract. Records
shall be maintained for three years from date of payment.
8, Term
This Agreement shall be in effect for a period of thirty-six (36) months from the
effective date of the Agreement. This Agreement shall renew for successive
terms, only upon written approval by both parties prior to expiration of this
Agreement.
9, AssiQnment and Termination
The rights and obligations of either party under this Agreement shall not be
assigned without prior written consent of the other party. Further, this Agreement
may be terminated by either party at the end of any term without cause upon
Item # 40
Attachment number 1
Page 6 of 10
providing thirty (30) days prior written notice to the other party; This Agreement
may be terminated, should either party fail substantially to perform in accordance
with the terms of this Agreement through no fault of the other party or if
conditions arise, such as lack of available funding, that dictates that it is in the
public interest to terminate. Upon breach of this Agreement by a party, the party
will give written notice of the termination of this Agreement specifying the
claimed breach and the action required to cure the breach. If the breaching
party fails to cure the breach within ten (10) days from receipt of said notice, then
this Agreement will terminate fifteen (15) days from receipt of the written notice.
10, Waiver of Breach
The failure of any party hereto to enforce any provision of this Agreement shall
not be construed to be a waiver of such or any other provision, nor in any way to
affect the validity of all or any part of this Agreement or the right of such party
thereafter to enforce each and every such provision. No waiver of any breach of
this Agreement shall be held to constitute a waiver of any other or subsequent
breach.
11, Hold Harmless
Subject to Florida Statutory limits on the Waiver of sovereign immunity, the
parties agree that each will save the other, hold harmless and defend the other
of, from and against all liability and expenses, including reasonable attorney's
fees on account of the negligent acts of its employees, servants or agents in any
way related to or in connection with the recycling program. Each party will agree
to provide each other, if requested, proof of insurance coverage or self-insurance
in the amounts set forth in Florida Statutes. Nothing contained herein shall be
construed as a waiver of any immunity from or limitation of liability the Supplier or
the Buyer may be entitled to under the doctrine of sovereign immunity or Section
768.28, Florida Statutes.
12, Relationship of the Parties
Nothing contained herein shall be deemed or construed by the parties hereto, nor
by any third party, as creating the relationship of principal and agent, or a
partnership or joint venture between the parties hereto, it being understood and
agreed that neither the method of computation of purchase price, nor any other
provision contained herein, nor any acts of the parties herein shall be deemed to
create any relationship between the parties hereto other than the relationship of
Buyer and Supplier.
13, Notice
All notices and communications regarding this Agreement shall be addressed to
Item # 40
Attachment number 1
Page 7 of 10
the respective party at the following addresses:
The Buyer: Solid Waste/General Services Department
1701 N. Hercules Avenue
Clearwater, FL 33765-1112
The Supplier: Public Works Department
1200 Railroad Avenue
Safety Harbor, FL 34695
Unless otherwise expressly stated elsewhere in this Agreement, all such notices
shall be in writing and sent via Certified or Registered Mail, Return Receipt
Requested, or by courier, and shall be effective upon (a) actual receipt, or (b)
date of refusal of such delivery.
14, RecordinQ
This Interlocal Agreement and all amendments shall be effective immediately
upon filing a fully executed copy of this Interlocal Agreement with the Clerk of the
Circuit Court for Pinellas County, Florida pursuant to Section 163.01 (11),
Florida Statutes.
15, Unforeseen Question
The Buyer and the Supplier agree that in the event of unforeseen questions
arising of the relationship of the parties in connection with the curbside recycling
program, the question will be settled in writing between the City Managers or
their respective designees for resolution of such questions concerning this
Agreement. In the event that the unforeseen question is not resolved, either
party may elect to have the dispute heard before a court of local jurisdiction
according to paragraph 20 of this agreement.
16, Amendment
This Agreement shall be amended only by mutual written agreement by and
between the Buyer and the Supplier.
17, HeadinQs
Item # 40
Attachment number 1
Page 8 of 10
The headings of this Agreement are for convenience and reference only and in
no way define, limit or describe the scope of the intent of this Agreement or any
part hereof, or in any way affect the same, or construe any provision thereof.
18, Entire AQreement
18.1 This Agreement together with the attached appendix embodies the
whole agreement of the parties hereto. There are no promises,
terms, conditions or allegations other than those contained herein
and this document shall supersede all previous communications,
representations and/or agreements, whether written or verbal,
between the parties hereto. This Agreement may be modified only
in writing, executed by all parties. This Agreement shall be binding
upon the parties, their successors, assigns and legal
representatives.
18.2 Except as otherwise provided herein, neither the form of this
Agreement, nor the language herein, shall be interpreted or
construed in favor of or against either party hereto as the sole
drafter thereof.
19, Severabilitv
This Agreement is executed under current interpretation of applicable Federal,
State, County, Municipal or other local statute, ordinance or law(s). However,
each separate provision herein shall have independent and severable status for
the determination of legality, so that if any separate provision is determined to be
void or unenforceable for any reason, such determination shall have no effect
upon the validity or enforceability of each other separate provision, or any
combination thereof.
20, GoverninQ Law and Venue
This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida. Venue for any dispute pertaining to this Agreement
shall lie exclusively in Pinellas County, Florida.
Item # 40
Attachment number 1
Page 9 of 10
[Remainder of page intentionally left blank]
Item # 40
Attachment number 1
Page 10 of 10
IN WITNESS WHEREOF, said City of Safety Harbor, Florida, acting by and
through its governing body, the Board of City Commissioners of Safety Harbor,
Florida, its corporate seal to be hereunto affixed, attested by the Clerk of said
City acting as City Clerk of Safety Harbor, Florida; and said City of Clearwater,
Florida acting by and through its City Council, has caused this Agreement to be
executed in its name and on behalf by its Mayor/Councilmember, and its
corporate seal to be hereunto attached, and attested by its City Clerk.
ATTEST:
CATHY BENSON, CLERK
CITY OF SAFETY HARBOR, FLORIDA
by and through its City Mayor
By:
By:
City Clerk
Date
City Mayor
Date
APPROVED AS TO FORM
By:
City Attorney
COUNTERSIGNED:
FLORIDA
CITY OF CLEARWATER,
By:
Frank Hibbard
Mayor-Councilmember
By:
William B. Horne II
City Manager
APPROVED AS TO FORM:
ATTEST:
By:
Camilo Soto
Assistant City Attorney
By:
Cynthia E. Goudeau
City Clerk
10
Item # 40
NAM E!TITLE
APPENDIX A
CONTACT LIST
Contact Reason
Attachment number 2
Page 1 of 1
Office #
CELL #
City of Clearwater
Thomas King
Recycling Supervisor
David Powers
Senior Accountant
Thomas Glenn
Program Coordinator
Weight Tickets!
Contam ination
Processing Center
Contract Amendments!
Contract Negotiations!
Billing
Contract Amendments!
Contract Negotiations!
Processing Center
Earl Gloster Contract Amendments!
Assistant Director, Contract Negotiations
Solid Waste!General Services Department
City of Safety Harbor
John Crayton
Sanitation Supervisor
Sherri Kennedy
Recycling Coordinator
Charles Brewer
Director of Public Works
Delivery Issues!
Contam ination Concerns
Contract Amendments!
Contract Negotiations!
Recycling Information
Contract Amendments!
Contract Negotiations
562-4920 224-7394
562-4938 224-7386
562-4923 224-7388
562-4930 224-4109
724-1550
724-1550
Ext. 224
724-1550
Item # 40
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract for Clearwater Airpark Sewer Extension (06-0048-UT) to Kloote Contracting, Inc., of Palm Harbor, Florida for
the sum of $122,441.99 which is the lowest responsible bid received in accordance with the plans and specifications and approve
deductive Change Order 1 in the amount of $11,440.00 for a new contract amount of $111,001.99 and that the appropriate officials
are authorized to execute same.(consent)
SUMMARY:
. On July 19,2007 the City Council approved Resolution 07-03 authorizing a Joint Participation Agreement (JPA) between
the City of Clearwater and the State of Florida Department of Transportation (FOOT) for the design and construction of
approximately 500 lineal feet of gravity sanitary sewer extension to serve Clearwater Airpark. (FOOT Financial Project
41243119401) This JPA authorized the construction of the new sewer system on an 80120 cost sharing basis with the City's
share coming from the Capital Improvement Fund. Under the agreement, the City must pay for the project up front and then
be reimbursed by FOOT up to a limit of 80% of the total construction cost upon project completion.
. This new sewer system will serve the existing flight operations building at Clearwater Airpark and ultimately the planned
new flight operations facility. Additionally, this new sewer system will eliminate the existing sanitary sewer septic system
currently serving the facility.
. The deductive change order in the amount of $11,440.00 is a result of value engineering the specified pavement
resurfacing/seal coating system. Gem Seal coal tar emulsion sealer has been approved by engineering as an equal to the
specified Grip-Flex coal tar emulsion sealer.
. This project was advertised for competitive bids and a pre-bid conference was held on August 9,2007. Sealed bids were
opened by the Purchasing Manager on August 23,2007.
. This project is part of the Council approved, Clearwater Airpark, Airport Master Plan.
. The Public Utilities Department will be responsible for the operation and maintenance of this gravity sanitary sewer
system.
. This project will start as soon as possible after award and execution of the contract, and is scheduled to be completed
within 60 calendar days.
. Sufficient budget is available in the Capital Improvement Program project 0315-94846, FBO Building Improvements.
. A copy of the contract document is available in the Official Records and Legislative Services office for review.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Capital expenditure
Yes
Budget Adjustment:
None
Annual Operating Cost:
Total Cost:
to
Appropriation Code
0315-94846-563800-542-000-
0000
Amount
Appropriation Comment
$111.001.99
Cover Memo
06-
Bid Required?:
Other Bid / Contract:
Review Approval: 1) Clerk
Yes
Bid Number:
0048-
UT
Bid Exceptions:
None
Cover Memo
Item # 41
Attachment number 1
Page 1 of 1
CHANGE ORDER #1
DATE,
October 4 2007
PROJECT: Clearwater Airpark Sanitary Sewer Extension
PROJECT NUMBER,
PO REFERENCE NO"
06-0048-UT
CONTRACTOR: KIoote Contracting, Inc.
PO Box 339
Palm Harbor, FL 34682
DATE OF CONTRACT,
CODE, 0315-94846-563800-542-000-0000
SCOPE OF CHANGE, THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
STATEMENT OF CONTRACT AMOUNT
ACCEPTED BY,
KIoote Contracting, Inc.
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1
NEW CONTRACT AMOUNT
$122,441,99
$111,001,99
BY,
David C. KIoote, President
Frank Hibbard, Mayor
Date:
Camilo Solo, , Assistant City Attomey
Witnesses:
ATTEST,
Cynthia E. Goudeau,
City Clerk
Recommended By: City of Clearwate
Date:
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
Gary A. Jolmson, CGC
Public Services Director
William B. Home, II
City Manager
Michael D. Quillen, P.E.
City Engineer
Page 2 of2
Change Order #1
Clearwater Airpark Sanitary Sewer Extension (06-0048-UT)
ITEM DESCRIPTION
Decrease Items - 0315-94846-563800-542-000-0000
12 Pavement Resurfacing/Seal Coating, using Thennoplastic Coal-Tar Emulsion
Slurry Seal (Product of Grip-Flex Systems, L TF)
Furnish & Install Gem Seal, Coal Tar Emulsion (two (2) spray coats)
QTY UNIT UNIT COST TOTAL
3,200 SY $5,00
LS
3,200 SY $1,75 $5,600,00
LS $560,00 $560,00
$6,160,00
13 10% Contingency
New Items
14
15 10% Contingency
Item # 41
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Page 1 of 1
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Item # 41
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
A ward a contract for the Pier 60 Storage Building (07 -0033-EN) to Caladesi Construction Company of Largo, Florida for the sum
of $189,304.00 which is the lowest responsible bid received in accordance with the plans and specifications and approve deductive
Change Order 1 in the amount of $76,554.01 for, a new contract amount of $112,750 and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
This project will construct a 720 square foot, concrete masonry unit storage building. This building will be a replacement for
the previous storage building that was demolished to facilitate the construction of Beach Walk and will be utilized exclusively by
the Pier 60 Concession operator as stipulated in the lease agreement with the City. This storage building will match the architecture
of the existing structures in Pier 60 Park.
This storage building has been designed and will be constructed to meet FEMA flood zone regulations and has been approved for
construction by the Pine lIas County Construction Licensing Board
The deductive change order in the amount of $76,554.01 is a result of relocating the storage building from FEMA Flood Zone V to
FEMA Flood Zone A, thereby eliminating the need for the building to be supported by concrete pilings. This change in location
has been coordinated with and approved by the Pier 60 Concessions leaseholder.
This storage building will be operated and maintained by the Pier 60 Concession leaseholder.
This project will start as soon as possible after award and execution of the contract and will be completed within 60 days.
A first quarter amendment will transfer $12,000 of general fund revenue from Capitallmprovement Program (ClP) project 0315-
93273, Restrooms on Clearwater Beach to ClP 0315-92267, Beach Walk to provide sufficient budget for this contract.
Copies of the contract and change order are available for review in the Office of Official Records and Legislati ve Services.
Type: Capital expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0315-92267-563500-5541- 112,750.00
000-0000
Cover Memo
Item # 42
Bid Required?: Yes Bid Number: 07-
0033-
Other Bid / Contract:
Review Approval: 1) Clerk
Bid Exceptions:
EN
None
Cover Memo
Item # 42
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Attachment number 1
Page 1 of 1
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Item # 42
CHANGE ORDER #1
PROJECT: Pier 60 Storage Building
CONTRACTOR: Caladesi Construction Company
1390 Donegan Rd.
Largo, FL 33771
DATE,
Attachment number 2
Page 1 of 1
October 4 2007
PROJECT NUMBER,
PO REFERENCE NO"
DATE OF CONTRACT,
07.0033.EN
CODE, 0315.92267.565000.541.000.0000
SCOPE OF CHANGE, THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
STATEMENT OF CONTRACT AMOUNT
Caladesi Construction Company
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1
NEW CONTRACT AMOUNT
Frank Hibbard, Mayor
Camilo Solo, Assistant City Attomey
ATTEST,
Cynthia E. Goudeau,
City Clerk
Date:
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
Wilham B. Home, II
City Manager
Page 2 of2
Change Order #1
Pier 60 Storage Building (07-0033-EN)
ITEM DESCRIPTION
Decrease Items 0315-92267-563500-541-000-0000
1 24' x 3D' (720 SF) Concrete Masonry Unit, Concrete Pile Supported, FEMA Rated
Storage Building, including all Plant, Labor, Equiupment and Materials to City
Standards.
10% Contingency
New Item
24' X 3D' (720 SF) Concrete Masonry Unit, FEMA Rated Storage Building, including
all Plant, Labor, Equiupment and Materials to City Standards.
$189,304,01
$112,750,00
QTY
UNIT
UNIT COST
LS
$171,900,00
LS
LS
$102,305.45
Total Increase
TotalNet
ACCEPTED BY,
BY,
D. Wayne Wyatt
Date:
Witnesses:
Recommended By: City of Clearwate
Gary A. Jolmson, CGC
Public Services Director
Michael D. Quillen, P.E.
City Engineer
TOTAL
$102,305.45
$102,305.45
jIncrease
Item # 42
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint Diana Shields to the Business Operating within the area category of the Enterprise Zone Development Agency with the
term expiring on October 31, 2011. (consent)
SUMMARY:
The Appointment Worksheet is attached.
Review Approval: 1) Clerk
Cover Memo
Item # 43
Attachment number 1
Page 1 of 1
APPOINTMENT WORKSHEET
BOARD: Enterprise Zone Development AQencv
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Diane Hufford
MEMBERS: not fewer than 8 or more than 13
CHAIRPERSON: Bob Kinney
MEETING DATES: as called
APPTS. NEEDED: 1
Categories to be represented:
1) local Chamber of Commerce; 2) local financial or insurance entities; 3) Business operating
in the Area; 4) Resident residing within the Area; 5) Non-profit community based organization
operating within the Area; 6) local Private Industry Council; 7) City of Clearwater Community
Response Team; and 8) City of Clearwater Police Department
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND
NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A
NEW APPOINTEE.
1. Paul Brian Schuh - 2288 Wilshire Drive, Dunedin, Fl 34698 - Original Appointment
12/04/03
Office: 1367 Park St., 33756
(completed a term - Not interested in reappointment)
Business operating within area
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE
ABOVE VACANCIES:
1. Diana Shields - 342 Jean Street, Palm Harbor, Fl 34683 - Deputy Executive
D irector/Consu Itant
Office: Software Shelf International Inc., 601 Cleveland St., 33755
Business operating within area
Zip Codes of current members on board:
5 at 33755 1 at 33762
2 at 33756
1 at 33758
Item # 43
Employer:Software Shelf International Inc.
Other Work Experience:
(Resume on request)
CITY OF CLEARWATER
ENTERPRISE ZONE DEVELOPMENT AGENCY
APPLICATION
Name: Diana Shields
Address:
342 Jean Street
Office Address:
601 Cleveland St.
Clearwater, Fla
Palm Harbor. Florida
Zip 34683
Telephone:(727) 656-1313
How long a resident of Clearwater? 5 years
Occupation: Deputy Executive Director/Consultant
Field of Education: Bachelor of Arts
Communications Consultant/Business Consultant
Telephone445-1920
Attachment number 2
Page 1 of 3
RECErVED
.1 '.1 7nn7
. " i.Ull
If retired, former occupation:
Community Activities: Bless the Children Foundation,
Other Interests: Arts, Travel
Board Service (current and past): Board Preference:
Board member - Board of Directors Software Shelf International Inc.
Arts Foundation, Los Angeles, Ca,
Additional Comments:
Date:
Signed:
Category Applying For:
(_)Local Chamber of Commerce
(_)Local financial or insurance entities
LXJBusiness operating in the Area
(_)Residents residing within the Area
(_)Non-profit community based organizations operating within the Area
(_) Local Private Industry Council
(_) City of Clearwater Community Response Team
(_) City of Clearwater Police Department
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO:
Official Records & Legislative Services Dept.,
p, 0, Box 4748, Clearwater, FL 337584748
Item # 43
Attachment number 2
Page 2 of 3
Signe~g\ ~1J,,-
Category Applying For:
(_)Local Chamber of Commerce
Council
(_)Local financial or insurance entities
Community Response Team
LXJBusiness operating in the Area
Department
(_)Residents residing within the Area
<_)Non-profit community based organizations operating within the Area
Date: q \ \ d u 'l
\
(_) Local Private Industry
(_) City of Clearwater
(_) City of Clearwater Police
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO:
Dept. ,
Official Records & Legislative Services
P. O. Box 4748, Clearwater, FL
337584748
Item # 43
Attachment number 2
Page 3 of 3
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~ ~.\~~~0 ~ ~Lr~
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~ ~ I!.!.!. ~) \~: ~ ~ l' :;) "'" r"'< LA ,.l ~
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
'v.~
3. What background and/or qualifications do you have that you feel would qualify you
to serv~\on this Board?
~ 'K~ ~ ~ xh-(/~~( fL4- CL G~ ~
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4. Why do you want to serve on this Board? ~:. (}. ~~... ." . - 0-Lc\- n
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Board Name:
Item # 43
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Reappoint Douglas J. Williams to the Municipal Code Enforcement Board with the term expiring on October 31,2010. (consent)
SUMMARY:
The Appointment Worksheet is attached.
Review Approval: 1) Clerk
Cover Memo
Item # 44
Attachment number 1
Page 1 of 1
APPOINTMENT WORKSHEET
BOARD: Municipal Code Enforcement Board
TERM: 3 years
APPOI NT ED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer,
businessperson, general contractor, sub-contractor & a realtor
MEMBERS: 7
CHAIRPERSON: Douglas Williams
MEETING DATES: 4th Wed., 3 p.m.
Nov. and Dec. - TBA
APPOINTMENTS NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOI NTEE.
1. Douglas J. Williams - 2544 Frisco Dr., 33761 - Retired Banker
Original Appointment 2002 - finished a term (Teismann's) until 10/31/04
Interest in Reappointment: Yes (Ending his 1st term 10/31/07)
2006/2007 - (0) Absences
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
1. William J. McCann - 1563 Turner St., 33756 - Professional Engineer
2. David J. Napoli - 2644 Barksdale Ct., 33761 - Retired/Trademan, Construction, Gov.
3. Louise C. Riley - 1620 Drew St., 33755 - Retired (Semi) Estate Planner
Zip codes of current members:
2 at 33755
1 at 33756
2 at 33761
1 at 33764
1 at 33767
Item # 44
02/07/2005 09:52
7274413040
MCCANN ENGINEER
Atta~t ml:mber 2
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~~~EIVED
(must be ClealWater resident) FEB 0 7 2005
Name: William J. McCann, P.E.
Home Address:
Office Address:
Or:r:ICIA! RCCO~f')S AN
LEGISLATIVE SRVCS DEP~ '
1563 Turner Street 1627 So, Mvrtle Avenue
Clearwater. FL Zip 33756 Clearwater, FL Zip 33756
Telephone: 727-443-7660 Telephone: 727-643-7660
How long a resident of Clearwater? 12 Years - Since October 1993
Occupation: Professional EnQineer Employer: McCann Enqineering
Field of Education: Other Work Experience:
B.E. in Civil Enaineering City Planner. Structural Engineer.
Masters in City & Reaional Plannino Civil EnQineer, Plans Examiner
If retired, former occupation:
Community Activities:
Other; Interests:
Board Service (current and past):
Desio" Review Board
Board Preference:
Municipal Code Enforcement Board
Community Development Board
Additional Comments:
Signed~L--
Date:
a/7/0~
See attached list for boards that require financial disclosure at time of appointment Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
Item # 44
02/07/2005 09:52 7274413040
MCCANN ENGINEER
Attach~~rfi nu~~er 2
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
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Fle~ . CJCGL.'PAr/o.J/fl l/Cl!:A.JS~ _ 13v/t..o/A.JC1
" ,,, .
7pAJW6. ~5'/~.N.s A-~t:J /2~Z4-r~O
./
tl-rry CpOe:-.r
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
Y~5
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Soard?
:J. /JIY} A b t:!/ir/Js' IF r.J M r~SI DM k'-, t;;.; t: I A...J~
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,
Apt) /'rtl1' '3 A"J/ AJ.~ U 0 irS. ]:. V ~ € rll ~
100)1-0)11' erJD~ ev~Y -:PA 'f
4, Why do you want to serve on this Board?
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C A tJ A//fJL 'f jV1 '1
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Name: WII(/~IVI J. j1I1 ~C~,J~ P E.
Board Name: M'" .vIe} .... L ~ 0 b G,v FIJ/ec E"M';-N:r &1J.,eo
Item # 44
FEB-21-2007 17:31
From:
To: 5624086
Page: t!1ot4hmenl number 3
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) RECEIVED.
Name:~ \J '\ l:> ":\: N ap ~ L '. EEa2l.1OO7
Home Address:
Office Address:
;;1. \n '" 4 . ~ ~ ~\< S"~I\ L 1:. ~:r
c...L~ A tl ~ A~ It., ":1--Ln R; hit- ZiD '\ ,'? LJ
Telephone: JI '7 :J.. '7.. , <1 , - !r' J (,
How long a resident o~ Clearwater? :3 ~ 't It .,.
Occupation: ~ r.. ""'Vi It 'E b
Field of Education:
~;, ~ St:L~QL
\a.~"b"l. Se. L. ft L
OFFICIAL RECORDs AND
l.EGISIAlIVE SRVCs DEPr
ZiD
Telephone: Co 7 J.. ~ - ~1.. '2 - / 7 ~ 2
Employer:
Other Work Experience:
(; It Rb.
"lZA 'b
If retired, former occupation: -rt.,,'b1:.I.I\.~ t.)., CC) INS T"1l. uc.'fj"~ ~ ~ lJV"4 A.Al,.,.. (,.Jr
CommunltyActivities:-1J~~ ~ 'I:. ;~ cJ. vn.c.J..; Sl:o~""~h ., r~s- A J A
''1") " tl ~ ~ ~<<.. 0 J,) c:- 0 N'h 0 .. S' S ac.. \. cu11..'b .
Otherlnterests:~j~~: '" ~ c:..n... ~~; u~
Board Service (current and past):
No I\l Co
Board Preference:
MAt.;,.) f:.. Ahvi,s oily '~(J IIA))
Alvu"'~,;p~L C~b &. ~7on~.,..~ 1oJr-
Additional Comments:"::t' f ~GL -,.. e. aL; Lb
, . '"rl. ~'
~l\\lINt:r '-Jott.k:~~ ,,.) ~ c:.D'V rn~V:-"Al
.5'%.6V:L
(J Ai L.,;'r.J. ~ h 0 A R,l) AS
.
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.
Signed:()q~.o..; Dale: ~{/1J7
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. o.
Box 4748. Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue,
Item # 44
FEB-21-2007 17:31
From:
To: 5624086
Page: 3-It4:hment number 3
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your underst.anding of the board's duties and responsibilities?
'I ~j '::1= 1/ AJ b (. If.. rr;i,., ~ W/ J. 11& rr- )) I.r~ S" 11 ~ r;.J S 1Jc... J,.
fJ-!: ~""'~..af} l~r; !L~AL,i.Jt;.5'N "":t.jff~fl.f;.N"'" pli.i)~L~....'I
.5 ue.h #IS }',u~"L l,."'~ , c e~c..s, S. ~ c: ~J A,~'h eTn 1:" ~.
2, Have you ever observed a board meeting either in person or on C~View, the
City's TV station?
y~ ON -,-/.<. ~i-r; 'r
....,- Y S rr;. 6" lJ i.J
3. What background and/or qualifications do you have that you fccl would
qualify you to serve on this Board?
~ ~t.vc. "'o.~'t.b i.,) "'l'h.'L 'YIr")~S l.fo)~US.o-~'1 Ar t) 6oV'I:'rJ"''CNL
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4. Why do you want to serve on this Board?
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Name~" i ~ ~, tV J\ f'c, L~
Board Name: \01\\1 N\ t. ~ pAL ,e.()'b"- s:. t'Jfort~....r
Item # 44
"
Attachment number 4
Page 1 of 2
Name:
JUN 0 4 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
~OUI st5 C' ~ J L..li"Y
Home Address:
t ~;/,O J'J Re=- (,tJ :s f
CJ..~/1f2..WfJ.'V~{L Zip '337~-~-
Telephone: 7). 7 - '-/ 'Ie:. - g. 776
How long a resident of Clearwater? ~S (re.
Occupation: Rr::TJ (l. G I:> [S~-A7/)
Field of Education:
J. tt ttT Lt....c b ~
Office Address:
Zip
Telephone:
Employer: S tE'L f=-
Other Work Experience:
If retired, former occupation: EESTArfS' fJ},.,tf^,A/~R
Community Activities: ~~t- ~v/L.OS"e.. or fevf (?d6At1
W,LS61\) fi~'/ ~dSt:r
Other Interests:
J).[) /YJ . CI? /J '" 15
, I
Board Service (current and past):
7 '/ L Y f<.. c- dDe;-
Board Preference:
CQf)g
Additional Comments:
Slgned: ;(i~ {'. ei;.
Date:
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, p, O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
Item # 44
tit',
Attachment number 4
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
PfZC:VIOU s eo< PG="~/G"'I1ICG 7 /2....- 7Jf
I<lST I ~tE*1? /}5 PR~SI OC; NT-
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
,/lF5
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
Jf I A S If 180 v' /;T
4. Why do you want to serve on this Board?
Wi-Ajr ro StE"'"R. ~ \T')f~ CI iy'
Name:
Board Name: fV} V Iv I () /,p 4'- ~ rJP l'r e Ai ,:;- 0 R c Gf' fYJ ~
Item # 44
Attachment number 5
Page 1 of 2
CITY OF CLEARWATER - APPLICATION F~R ADVISORY BF1RDS>
(must be Clearwater resident) . \l. "..
i"'\ \ \. " · JUN 12 2002
Name: ( U&.0~ ~ So 'J": "'A \ \\, ~ "'" so .
Home Address: Office Address: CITY CLERK DEPARTMENT
~ S" 4 F'R.\ ':>Co "D R.
CLEA.((W~\eR Zip 1>~'(. (
Telephone: '1^' -"1 ^ 5' - '3 ~ t.(-S
How long a resident of Clearwater? l \ -+ Ye'"AS
Occupation: t2.e.~~t:, B~t.)k.e."
-:t~
.1 )'
~.
Zip
Telephone:
Employer:
Field of Education:
1>ck\\~ ~C!.t'"",,'h.\} - as k\~~ huM'C~ {~
Ge.~...-.x-e ~.'\.~ ~'iu E 1)o.n.-t-""~
.
[1.3 FI"'H\t.k~ t ~~ e.\) \. T
If retired, former occupation:V'teQ~~~ \RtJ\~ \:'...~..T. t.1Y. f).~ "P..Q~{","lts\~~'r 6~ -s~~&s.k
Community Activities:~~~~ 4'. ;htt.,~" ~~....; ~ ~#t\llWl6c;, u.,.,.,~ AJ.
VP ct_~'1~"~~ o~ Att.. &..~~~ ~~~C\~"'''''n.-ek~ ~it~e
'Tae~ <::, T\z.t...c; Fee. "e~4.. c.le~4l\~fl.; WA."es> 4) u t:1A-e. 'r"-s.k FkCl e
Other Interests: ~~'-(l.~~t-) ei c.s>~ufJ"e"Tllm4)~ ~1\ot7i.)
Board Service (current and past): Board Preference:
k~,= TM~ ~ec: ~~~ ~FQc..QeMe,..:r-
Other Work Experience:
~~ ~ ~e.. \t:.e ~ .
Additional Comments:
\
Signed ~~, l0.QQ4- _
c
Date:~ '3. 2c... }!.
(
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
Item # 44
Attachment number 5
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
C\Ou9ue"t'"S, \\~U\U~ ~e_Mg\,.~ euF~~\k~ ...
eC:- FtC~e joc.e~f>"'T1cn;t~ LlC~~S-e,. b.,HIJUj" 2.tt:l0\.9(A).5
S\~ ~~O ~Q\~'E:.g e l+i (!f:)OeS
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
'III!:~
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
. ~
:3 '3 'I erA.fl. S C> t '1>~t.ue-;.'S ~ \S t ~ ~~.. '-t ~
~4l.~L~ '4t , \t ,""0,,," e ~ uetC.. ( $$ c.) e S
4. Why do you want to serve on this Board?
S e. ~cye tb ~ Q '-~~ c:.. -:D .u-\,"\
~e..\\.'!\le .(2.,h-,", ~A:\c:..~ f\ 9~~\t-\.Joe eC)U+IIUb.....f--trn.,
Ie e '\, 1 c!> ~ ~ le'\tt u.)o."C""e ~
~
Name~~ \~1 J-: w..l\ t.:>,.... s
Name'" ~~~
Board CIOD~ ~~~cpM~
Item # 44
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize a contract with Humana for health insurance under a fully insured funding arrangement for the contract period of
January 1,2008, to December 31,2008, at a total cost estimate of $16.3 million which includes estimated City ($11.3 million),
employee ($3.5 million), and retiree ($1.5 million) premiums.
SUMMARY:
The contract with the City's current medical insurance provider, United Healthcare, expires on December 31,2007. Based on the
renewal proposal from UHC, the City's Benefits Committee recommended bidding the contract for the 2008 plan year. RFP
responses were received from four carriers: Blue Cross/Blue Shield, Cigna, Humana, and United Healthcare.
The award to Humana will result in a 3.6% overall increase in premium costs, the entirety of which will be applied to employee
contribution levels. The contract will maintain the City's existing plan structure consisting of "standard" and "buy-up" HMO and
POS plan options along with their corresponding benefit levels, the premiums for which will be increased by the aforementioned
3.6%, and will include a new "basic" HMO plan option with reduced benefit levels for which the City will fund the employee-only
tier at 100%, and for which the premiums will result in no increase to the City's contribution levels.
For fiscal year 2008, the City has budgeted $11,091,800 for 1,789 full time positions for the City's share of medical insurance
coverage (including EAP and mental health/substance abuse). The City's estimated share of actual expenses for FY 08, which
covers three months of the current contract with United Healthcare, nine months of this proposed contract with Humana and twelve
months of mental health/substance abuse coverage with Unipsych (3 year contract approved beginning 1/1/07) is $11,476,078.
The difference between budgeted and actual costs, estimated to be $384,278, will be taken from reservesin the Central Insurance
Fund. The above numbers assume that all positions are filled at all times and that employees select the type of coverage (employee
only, employee + 1, and employee + family) similar to the current year. Costs related to these contracts for coverage for FY09,
estimated to be $4,075,000, will be budgeted as part of the fiscal year 2009 budget.
Staff also recommends a modification of the current funding strategy for City contributions to health care premiums to represent
100% of the HMO "Basic" cost for Employee Only, 75% of the HMO "Basic" cost for Employee plus One, and 68% of the HMO
"Basic" cost for Employee plus Family, to be applied to the respective tiers in the HMO Standard, HMO Buy-Up, POS Standard,
and POS Buy-Up plans.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Operating Expenditure
Yes
Budget Adjustment:
No
$12,225,000
Annual Operating Cost:
Total Cost:
10/1/07 to 9/30/08
Appropriation Code
590-07000-545600-519-000-
medical
Amount
$16,300,000
Appropriation Comment
Cover Memo
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) Clerk
Item # 45
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend Ordinance No. 7769-07, which vacated three drainage and utility easements, one ingress/egress easement and a portion of
Osceola A venue right-of-way and pass Ordinance 7883-07 on first reading.
SUMMARY:
Triangle Old Bay Holding, LLC wishes to change certain conditions contained in Ordinance 7769-07, which vacated three
drainage and utility easements, one ingress/egress easement and a portion of Osceola Avenue right-of-way. Specifically the
Applicant wishes to amend Section 2, Subsection (3) of Ordinance 7769-07, changed from: "FLD2006-05030 approved by the
Community Development Board on Nov. 21, 2006" to "by City of Clearwater construction standards", and revising Section 3 to
provide specific performance dates and provide for the reduction of the letter of credit under certain circumstances.
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
None
Review Approval: 1) Clerk
Cover Memo
Item # 46
Attachment number 1
Page 1 of 2
ORDINANCE NO, 7883-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 7769-07, WHICH
VACATED A PORTION OF SECTION 9, TOWNSHIP 29
SOUTH, RANGE 15 EAST, BEING A PART OF THE
EXISTING RIGHT-OF-WAY OF OSCEOLA AVENUE AND A
PORTION OF AN ALLEY LYING NORTH OF LOTS 2 AND 3
OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO
CLEARWATER HARBOR; THREE DRAINAGE AND UTILITY
EASEMENTS AND ONE INGRESS/EGRESS EASEMENT;
AMENDING THE CONDITIONS AND REQUIREMENTS AS
DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted Ordinance No. 7769-07, which
vacated three drainage and utility easements, one ingress/egress easement described
herein and a portion of Osceola Avenue right-of-way subject to conditions; and
WHEREAS, Triangle Old Bay Holding, LLC, wishes to change certain conditions
contained in Ordinance No. 7769-07; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 2, Subsection (3) of Ordinance No. 7769-07 IS hereby
amended as follows:
3) Applicant has provided to the City of Clearwater a Letter of Credit (LOC) or
Performance Bond in an amount of not less than $1,000,000, said LOC/Bond to be used
to assure construction and completion of the new Osceola Avenue improvements on
Parcel Two, as provided FLD200605030 approved by the Community Development
Board on Nov. 21, 2006 by City of Clearwater construction standards.
Section 2, Section 3 shall be amended as follows:
Section 3, '.^.'ithin eighteen months of the adoption of the ordinance, Applicant shall
have obtained all necessary permits and commenced construction on the new Osceola
Avenue by Auqust 15, 2008. Within two (2) years of the date of adoption of this ordinance aM
PWior to the issuance of a certificate of occupancy for any portion of Applicant's property, and
no later than February 15, 2009, Applicant shall have completed all improvements to the new
Osceola Avenue (Parcel Two) in accordance with all City of Clearwater construction standards
and the plans provided in FLD2006 05030 approved by the Community Development Board
on Nov. 21, 2006. In the event Applicant fails to commence or complete the improvements as
provided herein, the City of Clearwater may draw upon the Letter of CrediUPerformance Bond
in accordance with its terms, to complete right-of-way improvements. In the event Applicant
makes such proqress in construction that the City Enqineer decides in his sole discretion, that
Ordinance Noltem3#rA6
Attachment number 1
Page 2 of 2
the full amount of the Letter of Credit is no lonqer necessary to fully secure Applicant's
obliqations hereunder, the Letter of Credit may be reduced by such appropriate amount.
Within 30 days of completion to City of Clearwater construction standards, the City of
Clearwater will release said Letter of Credit.
Section 3, This ordinance shall take effect upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance Noltem3#rA6
Meeting Date: 10/4/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Follow up to allegations by Stewart Isreal (known as Greg Pound)re incident at Eddie C. Moore complex.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 47
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Process for City Manager and City Attorney Evaluations
SUMMARY:
Meeting Date: 10/4/2007
Review Approval: 1) Clerk
Cover Memo
Item # 48
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date: 10/4/2007
Review Approval: 1) Clerk
Cover Memo
Item # 49