February 2, 2016 Regular City Council Agenda
Transcription
February 2, 2016 Regular City Council Agenda
CITY COUNCIL REGULAR MEETING CITY OF NEW PORT RICHEY NEW PORT RICHEY CITY HALL COUNCIL CHAMBERS 5919 MAIN STREET, NEW PORT RICHEY, FLORIDA February 2, 2016 7:00 PM AGENDA ANY PERSON DESIRING TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, WITH RESPECT TO ANY MATTER CONSIDERED AT ANY MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE LAW DOES NOT REQUIRE THE CITY CLERK TO TRANSCRIBE VERBATIM MINUTES; THEREFORE, THE APPLICANT MUST MAKE THE NECESSARY ARRANGEMENTS WITH A PRIVATE REPORTER (OR PRIVATE REPORTING FIRM) AND BEAR THE RESULTING EXPENSE. (F.S.286.0105) ORDER OF BUSINESS 1. Call to Order – Roll Call 2. Pledge of Allegiance 3. Moment of Silence 4. Approval of the January 19, 2016 Work Session and Regular City Council Meeting Minutes Page 3 5. Request to Retire K-9 Cuda 6. Swearing-In, Officer Brian Finch 7. Swearing-In, Firefighter Matthew DeMarco Page 11 Page 12 8. Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda 9. Consent Agenda a. Purchases/Payments for City Council Approval Page 13 10. Public Reading of Ordinances a. b. Page 1 Second Reading, Ordinance 2016-2063: Roadway Memorial Markers Second Reading, Ordinance #2016-2070: Capital Improvements Element Update Page 15 Page 18 c. Second Reading, Ordinance #2015-2075: Downtown District Uses Regulating Convenience Stores Page 26 11. Business Items a. b. c. d. e. f. g. h. Bid Award, 16-004: 2014/2015 Water System Improvements Project WWTP Biosolids Hauling and Disposal Contract Extension Request to Auction Impounded Vehicles Request to Purchase Sharp Electronics Aquos SMART Board Memorandum of Understanding between the City of New Port Richey and Greater New Port Richey Main Street, Inc. LED Video Display Boards for Sims Park Three-Minute Report: Fire and Emergency Three-Minute Report: Human Resources Page 30 Page 35 Page 40 Page 42 Page 49 Page 57 12. Communications 13. Adjournment Agendas may be viewed on the City's website: www.citynpr.org. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990 and Section 286.26, Florida Statutes, all persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk, 727-853-1024, not later than four days prior to said proceeding. Page 2 CITY COUNCIL WORK SESSION MEETING CITY OF NEW PORT RICHEY NEW PORT RICHEY CITY HALL COUNCIL CHAMBERS 5919 MAIN STREET, NEW PORT RICHEY, FLORIDA January 19, 2016 5:00 PM MINUTES ORDER OF BUSINESS 1 Call to Order - Roll Call The meeting was called to order by Mayor Rob Marlowe at 5:02 pm. Those in attendance were Deputy Mayor Bill Phillips, Councilman Chopper Davis, Councilman Jeff Starkey, and Councilwoman Judy DeBella Thomas. Also in attendance were City Manager Debbie Manns, City Attorney Joseph Poblick, City Clerk Doreen Summers, Assistant to the City Manager Peter Altman, Chief of Police Kim Bogart, Library Director Susan Dillinger, Finance Director Crystal Feast, Economic Development Director Mario Iezzoni, Public Works Director Robert Rivera, Parks and Recreation Director Elaine Smith, and Technology Solutions Director Bryan Weed. DISCUSSION ITEMS 2 Hacienda Hotel City Council Work Session Economic Director Iezzoni provided an overview and synopsis of the project and its status, and distributed a project timeline (appended to these minutes). Bert Bender, representing Bender and Associates, reported that the first construction meeting would be held the following day, and that the extraneous construction attached to the north façade was in the process of removal. He added that the State Division of Historical Resources would evaluate the hotel developer's construction work. Regarding window restoration, he stated the developer had many pane/closure options available within the specific design, and that a Historic Preservation Grant will cover half the windows' cost. Rather than a "Quality Inn"-type hotel, imaging the Hacienda as a historic property would draw visitors interested in a historic experience. Deputy Mayor Phillips asked for reassurance that the Rosners understood the level of their commitment, and that for the present, the City had control of the building and any grant monies. In response to Councilman Starkey's query, Director Iezzoni stated that all conversations were Page 3 "open and candid", and that the Rosners were well aware of the grant fund usage and the north façade's cleanup and restoration. Councilman Davis asked for pursuit of additional 50% grant funding possibilities; Mr. Bender commented that either the City or the developer could apply for the grants. Mayor Marlowe also recommended researching additional grants, and opined that the completed Hacienda would be the City's centerpiece. He was informed that the City's phase of the restoration process would be completed within budget, and that the City would provide construction trailers for the developer. Deputy Mayor Phillips commented regarding the hotel's use of half of the Swanson parking lot; Mr. Iezzoni responded that the spaces would be allotted after the hotel opens; Mayor Marlowe added that the lot spaces were not an issue, as the parking garage across from the Hacienda would be completed by that time. 3 Adjournment There being no further business to consider, upon proper motion, the meeting adjourned at 5:43 pm. (signed) ______________________________________ Doreen M. Summers, CAP-OM, CMC, City Clerk Approved: ____________________ (date) Initialed: ____________________ Page 4 Haclenda Hotel Renovations Phase 1 PreliminarySchedule Duration [Start Mobilization Electrical - make safe Fire sprinkler- cap as needed 5 days 2 days 3 days Mon 1/11/16 Fri 1/15/16 Mon 1/18/16 Tue 1/19/16 Mon 1/18/16 Wed 1/20/16 iTask Name finish Plumbing- cap lines 2 days Man 1/18/16 Tue 1/19/16 Structural demolition Remove roofing Replace damaged roof sheeting Carpentry fastener work at perimeter 20 days 10 days 6 days 38 days Thu 1/21/16 Mon 1/18/16 Thu 1/28/16 Mon 1/25/16 Reworkroofdrainpiping Concretework 4 days 20 days Fri 2/5/16 Wed2/10/16 Thu2/18/16 Wed3/16/16 16 Masonry @ Banks St. New flatwork roofing installation Carpentry at 2nd story balconies 10 days 14 days 10 days Thu 3/17/16 Wed 3/30/16 Thu 3/17/16 Tue 4/5/16 Thu 3/17/16 Wed 3/30/16 15 CarpentryatBanksSt, 10days Thu3/31/16 Wed4/13/16 17 13 Stucco repair New tile roofing installation Concrete spalling repair 14 days 14 days 16 days Thu 3/31/16 Tue 4/19/16 Wed4/6/lG Mon 4/25/16 Wed 4/20/16 Wed 5/11/16 18 Prime painting_24 12 14 10 11 Project: HadendaHotel Prelimina Date:Wed12/30/15 days Fri4/29/16 June Wed 2/17/16 Fri 1/29/16 Thu 2/4/16 Wed 3/16/16 Wed 6/1/16 Task External Tasks Split External Milestone Milestone Summary Project Summary Inactive Summary Manual Task Flnlsh-only Duratlon-onty - Deadline InactiveTask Manual Summary Rollup Progress Inactive Milestone Manual Summary V hi i Nii 'iiiiiii iin 0 V-V Page 1 Page 5 Start-only C 3 ^ MINUTES OF THE CITY COUNCIL REGULAR MEETING CITY OF NEW PORT RICHEY NEW PORT RICHEY CITY HALL COUNCIL CHAMBERS 5919 MAIN STREET, NEW PORT RICHEY, FLORIDA January 19, 2016 7:00 PM ORDER OF BUSINESS 1. Call to Order – Roll Call The meeting was called to order by Mayor Rob Marlowe at 7:15 pm. Those in attendance were Deputy Mayor Bill Phillips, Councilman Chopper Davis, Councilman Jeff Starkey, and Councilwoman Judy DeBella Thomas. Also in attendance were City Manager Debbie Manns, City Attorney Joseph Poblick, City Clerk Doreen Summers, Assistant to the City Manager Peter Altman, Chief of Police Kim Bogart, Library Director Susan Dillinger, Finance Director Crystal Feast, Development Director Lisa Fierce, Economic Development Director Mario Iezzoni, Public Works Director Robert Rivera, Parks and Recreation Director Elaine Smith, and Technology Solutions Director Bryan Weed. 2 Pledge of Allegiance 3 Moment of Silence A moment of silence was held to honor American servicemen and -women serving at home and abroad. 4 Approval of the January 5, 2016 Regular City Council Meeting Minutes Motion was made to approve the minutes as presented. Motion made by Chopper Davis and seconded by Bill Phillips. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey 5 Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda Upon opening the floor to Vox Pop, City resident Donald Cadle came forward to thank the City for the pedestrian crossing light at Main and Adams Streets. City resident Tom Finn complained regarding Madison Street's asphalt patch; Public Works Director Rivera responded that the patch was scheduled for repair, and would be completed within the following two weeks. None else coming forward, Mayor Marlowe returned the floor to Council. 6 Page 6 Consent Agenda Motion was made to approve the Consent Agenda. Councilwoman DeBella Thomas asked for a correction regarding the April 30 date shown in the Cultural Affairs Committee minutes for November 16, 2015. (The minutes were subsequently reworded by the City Clerk to clarify that the date in question pertained to the Hollywood of the East Festival, not to A Night in the Tropics.) Motion made by Bill Phillips and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey a Approval of the November 16, 2015 Cultural Affairs Committee Minutes b Approval of the October 26, November 23, and December 28, 2015 Environmental Committee Minutes c Parks and Recreation Advisory Board Minutes - November 2015 d Approval of the September 22 and October 27, 2015 Police Pension Board Minutes e Purchases/Payments for City Council Approval 7 Public Reading of Ordinances a Second Reading, Ordinance #2016-2061: Evaluation and Appraisal-Based Amendments to the Comprehensive Plan None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the ordinance upon its second and final reading. Motion made by Chopper Davis and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey b First Reading, Ordinance #2016-2063: Roadside Memorials City Attorney Poblick read the proposed ordinance by title only. Upon opening the floor to public comment, City resident Cecelia Mahone came forward to ask the City's intentions regarding memorials that were currently in place. Mr. Poblick responded that, upon the ordinance's final reading and approval, the memorials would be removed, stored for fourteen days at the police station, and then disposed of if they remained unclaimed. City resident Paul Black thanked the City for the ordinance's rewording, prohibition, and passage. He stated that the appropriate place for grieving and memorializing is at a cemetery, and commented regarding large memorials in City streets' rights-of-way that were being enhanced until they became "miniature shrines." City residents Jackie Colorado and Tom Finn also expressed their thanks for the ordinance. Mr. Finn asked if memorials could be prohibited on private property also. Mr. Poblick responded that signage on an individual's private property was a freedom-of-speech issue and could not be prohibited. None else coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the ordinance upon its first reading. Motion made by Jeff Starkey and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey c First Reading, Ordinance #2016-2070: Capital Improvements Element Update City Attorney Poblick read the proposed ordinance by title only. Consultant Tammy Vrana clarified that changes to the Capital Improvement Program could be considered for its next yearly iteration, to be finalized in January 2017. None coming forward for public comment, Mayor Marlowe returned the Page 7 floor to Council. Motion was made to approve the ordinance upon its first reading. Motion made by Jeff Starkey and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey d Second Reading, Ordinance 2016-2071: Authorizing Issuance of Non-Ad Valorem Refunding Revenue Notes City Attorney Poblick read the proposed ordinance by title only. None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the ordinance upon its second and final reading. Motion made by Bill Phillips and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey e First Reading, Ordinance #2015-2075: Downtown District Uses Regulating Convenience Stores City Attorney Poblick read the proposed ordinance by title only. None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the ordinance upon its first reading. Motion made by Bill Phillips and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey 8 Business Items a Public Hearing, Resolution 2016-03: Authorizing Uniform Method of Collection for Street Assessments City Attorney Poblick read the proposed resolution by title only. Assistant to the City Manager Altman provided an overview of the proposed assessment. None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the resolution with corrections to the heading's Statute numbers. Motion made by Chopper Davis and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey b Resolution No. 2016-06 & 2016-07 and Amended and Restated Interlocal Agreements City Attorney Poblick read proposed resolution 2016-06 by title only. None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made by Deputy Mayor Phillips, and seconded by Councilman Davis, to approve the resolution. The motion carried unanimously. City Attorney Poblick read proposed resolution 2016-07 by title only. None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the resolution. Motion made by Chopper Davis and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey c 2014/2015 Madison Street Bridge Node/Overlook Rehabilitation Project Close-Out None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the project closeout. Motion made by Bill Phillips and seconded by Chopper Davis. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey d Page 8 2014/2015 Recreation & Aquatic Center Water Main Relocation Project Close-Out None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve the project closeout. Motion made by Bill Phillips and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey e Proposal from The Sports Facilities Advisory & The Sports Facilities Management RE: Recreation & Aquatic Center Expansion Project Deputy Mayor Phillips requested the insertion of an emergency item, and moved to purchase the replacement Recreation and Aquatic Center equipment immediately, using its $300,000 in budgeted funds. His motion was seconded by Councilman Starkey, and passed unanimously. None coming forward for public comment regarding the proposal, Mayor Marlowe returned the floor to Council. Motion was made to approve the proposal. Motion made by Jeff Starkey and seconded by Bill Phillips. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey f LED Video Display Boards for Sims Park None coming forward for public comment, Mayor Marlowe returned the floor to Council. Councilwoman DeBella Thomas commented regarding renting mobile signage instead, citing line-ofsight obstruction, future technology changes, and that the signs' location next to the stage rendered them superfluous. It was determined that Thomas Sign would supply several sign sizes and options for Council's consideration. Councilman Starkey was in favor of the signs, stating they would add to the park's dynamic. Motion was made to award Bid 16-008 to Thomas Sign. Motion made by Chopper Davis and seconded by Jeff Starkey. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey g Amendment No. 3 to the Agreement between the City of New Port Richey and Kimley-Horn and Associates, Inc. for the Sims Park Improvement Project None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to approve Amendment 3 to the Kimley-Horn agreement. Motion made by Chopper Davis and seconded by Bill Phillips. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey h Bid Award 15-024: Kayak Launch, Frances Avenue Park None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to award Bid 15-024 to American Marine Contractors, LLC. After the vote was taken, Councilman Davis stated he needed to leave for the remainder of the meeting. Motion made by Bill Phillips and seconded by Judy DeBella Thomas. The Motion Passed. 5-0. Ayes: Davis, DeBella Thomas, Marlowe, Phillips, Starkey i Bid Award 16-005: City Hall, Library, and Fire Station Exterior Painting Project None coming forward for public comment, Mayor Marlowe returned the floor to Council. Motion was made to award Bid 16-005 to VNP Painting. Motion made by Bill Phillips and seconded by Judy DeBella Thomas. The Motion Passed. 4-0. Ayes: DeBella Thomas, Marlowe, Phillips, Starkey Absent: Davis j Page 9 Three-Minute Report: Police This item was deferred due to the meetings' length. k Three-Minute Report: Economic Development This item was deferred due to the meetings' length. 9 Communications Councilman Starkey reminded those assembled of the upcoming Sims Park Grand Opening, and reiterated his support for the amphitheater's video screens. Councilwoman DeBella Thomas voiced her approval of the park's new appearance, but deplored those walking their dogs in the park who did not pick up their dogs' waste; there was no place for such negligence in a new facility. Deputy Mayor Phillips attended the Martin Luther King celebration, the United Way breakfast, and asked that United Way's free tax preparation be promoted at City Hall. He thanked Dell deChant for the Arbor Day celebration, and commented regarding the prevalence of RVs parked in houses' front yards. He would attend the Board of County Commissioners meeting to address the James E. Grey Preserve expansion and Plathe Road issues. Mayor Marlowe also commented regarding Arbor Day, noting that the oak trees at Peace Hall and the hickory trees at The West Pasco Historical Society would provide shade and pleasing vistas in the coming years. He asked City Attorney Poblick to review and correct the City's sign ordinance, citing its arbitrary restrictions on City business owners. City Manager Manns stated the Sims Park Grand Opening celebration would take place Saturday, January 30 at 12:30 pm. 10 Adjournment There being no further business to consider, upon proper motion, the meeting adjourned at 9:20 pm. (signed) ______________________________________ Doreen M. Summers, CAP-OM, CMC, City Clerk Approved: ____________________ (date) Initialed: ____________________ Page 10 . TO: City of New Port Richey City Council FROM: Kim Bogart, Chief of Police DATE: 2/2/2016 RE: Request to Retire K-9 Cuda . REQUEST: I am requesting Council authorize the retirement of K-9 “Cuda” and transfer his ownership to his handler, Corporal Justin Case. DISCUSSION: Corporal Case was recently promoted and his new job responsibilities prevent him from continuing as a K-9 handler. His assigned dog, K-9 “Cuda” is seven years old. Cuda has performed faithfully as a member of the police department’s; however, at his age, it is not practical to retrain him to work with another handler. Corporal Case wishes to care for Cuda for the remainder of his life and is asking for the City to transfer ownership to him. RECOMMENDATION: It is my recommendation Council retires K-9 Cuda and transfer ownership to Corporal Case. BUDGET/FISCAL IMPACT: There is no direct fiscal impact. ATTACHMENTS: Description No Attachments Available Page 11 Type Cerdficate of Appointment STATE OF FLORIDA,PASCOCOUNTS, CITy OFNEWPORT RICHEY: This is to certify that on the 2nd day of February, 2016 MatthewDeMarcowas duly appointed Firefighter for the New Port Richey Fire Department, in and for the City of New Port Rlchey, according to the laws of the State of Florida and ordinances in such cases made and provided. IN WITNESS AND RATIFICATION THEREOF, we have hereunto set our hands andthe Sealof saidCity, this 2nd dayofFebruary,2016. Mayor: Deputy Mayor: Council Member: Council Member: Council Member: City Manager: STATE OF FLORIDA,PASCOCOUNTY, CITV OFNEWPORT RICHEY: I, MatthewDeMarco, a citizen of the State of Florida and of the United States ofAmerica, and being employed by or an officer ofthe City ofNewPort Richey, and a recipient ofpublic funds as suchemployee or officer,do herebysolemnly swearor affirmthatI will support the Constitution of the United States and of the State of Florida. And, that I wiU honesdy, faithfully, and impardally discharge the duties of my trust as Firefighter, New Port Richey Fite Department, in and for said City ofNewPortRichey, accordingto the lawandto the best ofmy knowledgeandability, so help me God. Matthew DeMarco Subscribedand sworn to beforeme this 2nd dayof February,2016. Doreen M. Summers, CAP-OM, CMC City Clerk Page 12 . TO: City of New Port Richey City Council FROM: Crystal S. Feast, Finance Director DATE: 2/2/2016 RE: Purchases/Payments for City Council Approval . REQUEST: The City Council is asked to review the attached list of purchases and expenditures and authorize payment. DISCUSSION: Section 2-161 of the City Ordinance requires approval of the City Council on purchases and payments in excess of $25,000. RECOMMENDATION: It is recommended that the City Council authorizes the payment of the attached list of purchases and expenditures. BUDGET/FISCAL IMPACT: The purchases and expenditures presented have already been budgeted for. Expenditures will be included in the fiscal year-end reporting. ATTACHMENTS: Description Purchases/Payments for City Council Approval Page 13 Type Backup Material PURCHASES/PAYMENTS FOR COUNCIL APPROVAL Dallas 1 Construction and Development Project: Multi-Use Path-River Walk to Rec Center 54% work has been completed Pay Request #4 $103,357.26 D L Porter Construction Inc Project: Hacienda Hotel Renovations ITB 16-006 Hacienda Rehabilitation Construction Draw #1 38,070.90 Hennessy Construction Services 51,505.03 Project: Sims Park Improvement Project Design Revision: Excavation, Grading, Base, Paving & Utility Work Sitework Addendum #2 Hennessy Construction Services Project: Sims Park Improvement Project Lift Station Install Originally Approved With Project Submittal 07/07/15 33,039.66 Stable Soils of Florida Inc Project: 2015 Madison Street Bridge Radiuses Council Approved Project 10/20/15 Includes Deductive Change Order 64,726.50 RECURRING EXPENDITURES OVER $25,000 Bank of America (Credit Card Purchases - December) Fiduciary Trust Intl of the South (Police Pension 01/14/16) Page 14 47,713.24 40,386.47 . . TO: City of New Port Richey City Council FROM: Debbie L. Manns, City Manager DATE: 2/2/2016 RE: Second Reading, Ordinance 2016-2063: Roadway Memorial Markers REQUEST: The request is to conduct the second and final reading of Ordinance Number 2016-2063 in relationship to Roadway Memorial Markers and to approve the proposed ordinance. DISCUSSION: At your January 19, 2016 meeting Council conducted the first reading of the Roadway Memorial Markers Ordinance. Council approved the ordinance as submitted by staff. The ordinance is before you this evening for the second and final reading. RECOMMENDATION: The recommendation is for the City Council to conduct the second and final reading of the Roadside Memorial Marker Ordinance and to adopt the ordinance. BUDGET/FISCAL IMPACT: There is no fiscal impact associated with this item. ATTACHMENTS: Description Ordinance 2016-2063 Roadway Memorial Markers Page 15 Type Ordinance ORDINANCE NO. 2016-2063 AN ORDINANCE OF THE CITY OF NEW PORT RICHEY, FLORIDA, CREATING SECTION 13.32.00 PROHIBITING ROADWAY MEMORIAL MARKERS TO CHAPTER 13, ARTICLE 1, SIGNS; PROHIBITING ROADSIDE MEMORIAL MARKER IN THE PUBLIC RIGHT OF WAY, PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of New Port Richey, Florida desires to regulate roadside memorials in an effort to combat visual blight within the City; and WHEREAS, the City Council of the City of New Port Richey finds that this ordinance promotes the general welfare of the citizens of the City of New Port Richey. NOW THEREFORE, THE CITY OF NEW PORT RICHEY, FLORIDA, HEREBY ORDAINS: Sec. 1. Chapter 13, Article I, is hereby amended to create a new Section 13.32.00 within the Land Development Code as follows: Sec. 13.32.00 Regulation of Roadside Memorial Markers It shall be unlawful to place a roadside memorial along a public sidewalk, roadway or right-of-way owned or maintained by the City. Upon discovery of a roadside memorial, the City, through the Police Department or Code Enforcement may remove the roadside memorial, and store for up to a period of 14 days. If the roadside memorial is not claimed after such 14 day period, the City may dispose of said roadside memorial materials. A roadside memorial for purposes of this Chapter will be the placement of materials along a public sidewalk, roadway or right-of-way owned or maintained by the City, as a tribute to a person or event. Any person found in violation of this section shall be cited for as a Class V violation. Sec. 2. Inclusion into Code. This Ordinance shall be incorporated into the City of New Port Richey Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alternations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Sec. 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reasons, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Page 16 Sec. 4. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council of the City of New Port Richey, Florida. The above and foregoing Ordinance was read and approved on first reading at a duly convened meeting of the City Council of the City of New Port Richey, Florida, this 19th day of January, 2016 and adopted on second reading at a duly convened meeting of the City Council of the City of New Port Richey, Florida, this 2nd day of February, 2016. ATTEST: By: _________________________________ Doreen M. Summers CAP-OM, CMC City Clerk By: __________________________________ Robert Marlowe Mayor-Council Member (Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF NEW PORT RICHEY, FLORIDA: _______________________________________ City Attorney, Joseph A. Poblick Page 17 . . TO: City of New Port Richey City Council FROM: Lisa L. Fierce, Development Director DATE: 2/2/2016 RE: Second Reading, Ordinance #2016-2070: Capital Improvements Element Update REQUEST: Council is to conduct a (second) public hearing of the ordinance. DISCUSSION: The City Council held a first hearing on the proposed Capital Improvements Element amendments to the Comprehensive Plan on January 19, 2016. Proposal: This request pertains to the required annual update of the Comprehensive Plan’s Capital Improvements Element fiveyear schedule of capital improvements (Table CIE-2). The Capital Improvements Element evaluates the timing, cost, and ability to fund projects that are needed to maintain public facilities and services at the adopted level of service standards. The City’s adopted level of service standards are identified in CIE Policies 1.5.1 and 1.6.2 in the Capital Improvements Element. The entire element including these policies can be viewed in the City Clerk’s office or in the Development Department. Projects identified in the five-year schedule of capital improvements are needed to: Correct an existing deficiency in the level of service of a facility/service; Maintain the facility/service in accordance with the adopted level of service standard; or Address a projected deficiency in the facility/service level of service during the five-year planning period (FY2015/2016 - FY 2019/2020). In the context of the Comprehensive Plan, a capital improvement is defined as land, non-structural improvements to land and structures including design, permitting, construction, furnishings and equipment with a unit cost of $50,000 or more. The five-year schedule of capital improvements must be consistent with the Comprehensive Plan. Analysis: Using the City’s current Capital Improvements Plan (FY 2015/2016 – FY 2019/2020), Staff identified projects meeting the five-year schedule of capital improvements criteria listed above. Those projects are listed according to facility type in Table CIE-2: five-year schedule of capital improvements (FY 2015/16 - FY 2019/2020) in Attachment “A” to Ordinance #2016-2070. The schedule includes the project title, monetary cost by fiscal year, the revenue source(s), level of priority relative to level of service needs (high, medium, or low), and funding status. Currently, the only facility in the City experiencing a level of service deficiency is US Highway 19. The facility is operating at level of service F. Also, the segment of Main Street from the Pithlachascotee River to US Highway 19 is approaching a deficient status. As shown in Table CIE-2, the City is funding several pedestrian and bicycle projects over the five-year planning period in an effort to reduce automobile trips in downtown and other parts of the City. The proposed new language is shown with highlighting and underlining; deleted language is shown with strikethrough. Compatibility with Comprehensive Plan: The proposal is consistent with the following Comprehensive Plan objectives and policies: Page 18 CIE Objective 1.1 - Provide capital improvements to correct existing deficiencies, accommodate desired future growth, and replace worn out or obsolete facilities, as indicated in the Five-Year Schedule of Capital Improvements. CIE 1.1.1 - The City shall continue to develop and update annually a multi-year Capital Improvement Program (CIP), the first year of which shall be the Capital Budget. The Five-Year Schedule of Capital Improvements (Table CIE-2) shall be made part of the adopted Capital Improvements Program. RECOMMENDATION: Staff recommends approval of the ordinance. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Description Ordinance #2016-2070 Capital Improvements Element Update Exhibit A, Ordinance #2016-2070 Page 19 Type Ordinance Exhibit ORDINANCE #2016-2070 AN ORDINANCE OF THE CITY OF NEW PORT RICHEY, FLORIDA, AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY OF NEW PORT RICHEY COMPREHENSIVE PLAN BY UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS FOR FY2015/16 THROUGH FY2019/20; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3167, Florida Statutes, requires local governments to maintain a comprehensive plan to guide future development and growth; and WHEREAS, Section 163.3177, Florida Statutes, requires local governments to include as part of the comprehensive plan a capital improvements element that considers the need for and location of public facilities, and encourages the efficient use of such facilities; and WHEREAS, Section 163.3177(3)(a), Florida Statues, requires local governments to maintain in the capital improvements element a five-year schedule of capital improvements identifying projects necessary to achieve and maintain the adopted levels of service for the five-year planning period; and WHEREAS, Section 163.3177(3)(b), Florida Statues, requires local governments to annually review the capital improvements element and update the five-year schedule of capital improvements; and WHEREAS, Section 163.3177(3)(b), Florida Statues, allows local governments to update the fiveyear schedule of capital improvements by ordinance that is not deemed to be an amendment to the local comprehensive plan; and WHEREAS, the Land Development Review Board of the City of New Port Richey, acting as the Local Planning Agency pursuant to Section 163.3174, Florida Statutes, considered the proposed update to the Five-Year Schedule of Capital Improvements at a held a duly noticed public hearing on December 17, 2015, and, finding said amendments consistent with goals, objectives and policies of the City of New Port Richey Comprehensive Plan, recommended that City Council approve said update; and WHEREAS, at least 10 days’ notice has been given once by publication in a newspaper of general circulation notifying the public of this proposed ordinance and of the public hearings before the City Council of the City of New Port Richey: and WHEREAS, the public hearings were held on January 19, 2016, and February 2, 2016, pursuant to the public notice described above at which hearings the parties of interest and all others had opportunity to be heard. WHEREAS, City Council of the City of New Port Richey hereby adopts and incorporates the purpose, intent, and findings set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the City of New Port Richey, Florida, as follows: SECTION I. Purpose and Intent. It is the purpose and intent of the City Council that the provisions of Section II shall become and be made part of the New Port Richey Comprehensive Plan pursuant to Section 163.3177(b), Florida Statutes. Ordinance #2016-2070 – Update of Five-Year Schedule of Capital Improvements – Page 1 of 3 Page 20 SECTION II. Adoption of Updates to the Five-Year Schedule of Capital Improvements. Table CIE2: Five-Year Schedule of Capital Improvements contained in the Capital Improvements Element of the City of New Port Richey Comprehensive Plan is hereby updated as set forth in Exhibit “A”, which is attached hereto and made a part hereof as if set forth in full. SECTION III. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council of the City of New Port Richey, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION IV. Severability. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, clauses or phrases and their application shall not be affected. SECTION V. Effective Date. This Ordinance shall become effective immediately upon adoption. The above and foregoing ordinance was read and approved on first reading at the duly convened meeting of the City Council of the City of New Port Richey, Florida, this ____________day of _______________, 2016. The above and foregoing ordinance was read and approved on second reading at the duly convened meeting of the City Council of the City of New Port Richey, Florida, this ____________day of _______________, 2016. ATTEST: CITY OF NEW PORT RICHEY, FLORIDA (SEAL) _____________________________ Doreen Summers, City Clerk _________________________ Robert Marlowe, Mayor-Council Member APPROVED AS TO LEGAL FORM AND CONTENT _____________________________________ Joseph Poblick, City Attorney Ordinance #2016-2070 – Update of Five-Year Schedule of Capital Improvements – Page 2 of 3 Page 21 EXHIBIT “A” TO ORDINANCE #2016-2070 [Insert Table CIE-2: Five-Year Schedule of Capital Improvements (FY 2015-16 – FY 2019/20)] Ordinance #2016-2070 – Update of Five-Year Schedule of Capital Improvements – Page 3 of 3 Page 22 Capital Improvements Element January 19, 2016 (draft) Table CIE-2 Five-Year Schedule of Capital Improvements (FY 2015/16 – FY 2019/20) City of New Port Richey Cost by Fiscal Year ($) Project Title FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 Total Revenue Source(s) Priority (LOS Related) Funded Transportation Sidewalk Improvements - Grand Blvd Multi-Use Path & Reclaimed Water Main- Massachusetts Ave Streetscape - Madison Ave (Main St to Indiana Ave) Multi-Use Trail - Marine Pkwy (US 19 to Grand Blvd) Neighborhood Improvements Multi-Use Trail - Marine Pkwy (Grand Blvd to Delaware) Multi-Use Trail - Marine Pkwy (US 19 Overpass Link) Add Right Turn Lanes - US 19 (Pinellas CL to Marine Parkway) Intersection - Grand Blvd at Marine Pkwy Total - 180,000 - - - 180,000 Penny Medium Yes 785,000 - - - - 785,000 LOGT; WSCF Medium Yes 720,000 - - - - 720,000 LOGT Medium Yes 610,000 - - - - 610,000 LOGT Medium Yes 600,000 100,000 700,000 - - - 600,000 800,000 LOGT LOGT High Medium Yes Yes - 450,000 3,300,000 - - 3,750,000 LOGT Medium Yes $100,000 - - - - $100,000 FDOT High Yes - - 120,000 - 500,000 620,000 Pasco County Medium Yes 2,915,000 1,330,000 3,420,000 0 500,000 8,165,000 40,000 350,000 - - - 390,000 WSCF; Grant Low Partial 330,000 - 500,000 - - 100,000 - 500,000 100,000 330,000 WSCF WSCF WSCF Low Low Low Yes Yes Yes 330,000 330,000 330,000 330,000 330,000 1,650,000 WSCF Low Yes 330,000 965,000 1,995,000 330,000 70,000 1,080,000 330,000 750,000 1,910,000 330,000 70,000 730,000 330,000 750,000 1,510,000 1,650,000 2,605,000 7,225,000 WSCF WSCF Low Low Yes Yes Potable/Reclaimed Water Reclaimed Water Distribution Systems - North River Phase I West Grand Neighborhood Sims Grant Neighborhood Grey Preserve Reclaimed Expansion Water Main System Extensions Misc. Water System Improvements Water Utility System Improvements Total New Port Richey 2020 Comprehensive Plan Page CIE-3 Page 23 Capital Improvements Element January 19, 2016 (draft) Table CIE-2 Five-Year Schedule of Capital Improvements (FY 2015/16 – FY 2019/20) City of New Port Richey Cost by Fiscal Year ($) Project Title FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 Total Revenue Source(s) Priority (LOS Related) Funded Sanitary Sewer Sewer Utility System Improvements Gravity Sewer Rehabilitation / Lining Project (Annual) Sewer System Extensions - Misc East Gate Estates Sewer Main Treasure Island Sewer Main Total 405,000 300,000 1,000,000 300,000 100,000 300,000 1,000,000 300,000 100,000 300,000 2,605,000 1,500,000 WSCF WSCF Low Low Yes Yes 330,000 1,035,000 330,000 1,630,000 330,000 730,000 330,000 1,160,000 2,790,000 330,000 1,160,000 1,890,000 1,650,000 1,160,000 1,160,000 8,075,000 WSCF WSCF WSCF Low Low Low Yes Yes Yes 300,000 400,000 - - - 700,000 SUF Medium Yes - - 300,000 300,000 300,000 900,000 Grants Medium Partial 41,000 100,000 - - - 141,000 SUF; Grant Medium Partial 230,000 - 1,000,000 1,000,000 1,000,000 3,230,000 Medium Partial - - - 160,000 635,000 795,000 SUF; Penny; Grant SUF Medium Yes - - - 7,000 190,000 197,000 SUF Medium Yes 920,000 1,491,000 500,000 1,300,000 1,467,000 2,125,000 920,000 6,883,000 Penny; Grant Medium Yes 2,510,000 2,700,000 - - - - 2,510,000 2,700,000 Penny; Grant Penny Low Low Yes Yes 50,000 285,000 - 750,000 750,000 - 3,100,000 3,100,000 50,000 1,035,000 3,100,000 9,395,000 Penny Penny Penny; Grants Low Low Low Yes Yes Partial Stormwater Drainage Misc Flood Control/Water Quality Projects Misc Flood Control/Water Quality Projects w/ State Grants Stormwater System Improvements (Engineering) Stormwater System Improvements (Construction) Madison St./High St. to Senate Ln. STMW System Upgrade Phase I Indiana Ave. Closed Landfill Pond Rehabilitation (Engineering) Orange Lake Restoration Project Total Solid Waste Projects None Park/Recreational Projects Sims Park Improvements Recreation and Aquatic Center Facility Expansion Renovation of Pine Hill Baseball Field James Grey Preserve Improvements Olympic Competition Swimming Pool Total 5,545,000 New Port Richey 2020 Comprehensive Plan Page CIE-4 Page 24 EXHIBIT “A” - ORDINANCE #2016-2070 Capital Improvements Element January 19, 2016 (draft) Table CIE-2 Five-Year Schedule of Capital Improvements (FY 2015/16 – FY 2019/20) City of New Port Richey Cost by Fiscal Year ($) Project Title FY 15/16 Grand Total 12,981,000 FY 16/17 4,540,000 FY 17/18 8,110,000 FY 18/19 4,987,000 FY 19/20 9,125,000 Total Revenue Source(s) Priority (LOS Related) Funded 39,743,000 Legend: CIF – Capital Improvement Fund LOGT - Local Option Gas Tax LOS - Level of Service Penny - Penny for Pasco Sales Tax SUF - Stormwater Utility Funds WSCF - Water and Sewer Construction Fund WSUOR - Water and Sewer Utility Operating Revenues Notes: Project listed have a relationship to maintaining acceptable levels of service as defined in Comprehensive Plan policies CIE 1.5.1 and CIE 1.6.2. Unless otherwise indicated, all construction-related projects are expected to commence and be completed in the year the funding is programmed. All of the listed projects are consistent with the other Comprehensive Plan elements. The projects are supportive of existing urban development and would not contribute to the proliferation of urban sprawl. Sources: City of New Port Richey 15/16-19/20Capital Improvements Program; New Port Richey 15/16-19/20 Community Redevelopment Agency Work Program; Pasco County 15/16-19/20 Capital Improvements Program; Pasco County 15/16-19/20 Transportation Improvement Program; and Florida Department of Transportation2016-2020 Work Program. New Port Richey 2020 Comprehensive Plan Page CIE-5 Page 25 . . TO: City of New Port Richey City Council FROM: Lisa L. Fierce, Development Director DATE: 2/2/2016 RE: Second Reading, Ordinance #2015-2075: Downtown District Uses Regulating Convenience Stores REQUEST: City Council is to conduct a (second) public hearing of the ordinance. DISCUSSION: The City Council held a first hearing on the proposed ordinance on January 19, 2016. This is a "housekeeping" item which adds a definition for the term convenience store in the Land Development Code (Section 2.01.00) and amends the existing definition in the Code of Ordinances (Section 13-211). This ordinance also adds convenience stores to the list of prohibited uses in the Downtown zoning district because of their tendency to detract from other retail activity and uses. The proposed new language is shown with underlining and deleted language is shown with strikethrough. Compatibility with Comprehensive Plan: The proposal is consistent with the following Comprehensive Plan objectives and policies: FLU 1.3.2 - The City shall promote commercial development that serves to maintain or enhance the economic health of the City, and to increase job opportunities, per capita income and convenience for residents. FLU 1.3.3 - Commercial land uses shall be located in a manner which ensure the compatibility with the type and scale of surrounding land uses and where existing or programmed public facilities shall not be overburdened. FLU 1.6.4 - The New Port Richey Redevelopment Plan shall, at minimum, address the following issues: a. Enhancement of the retail component of the downtown through the attraction of complementary retail activity and uses; c. Recognition of the role of the downtown as the cultural and entertainment focal point of the City; f. Adoption and enforcement of land use regulations which encourage downtown land uses which contribute to a vibrant, consumer-oriented atmosphere, without sacrificing the area’s historic character; g. Review of the Land Development Code to ensure expedited review of quality, mixed use activities in the downtown; LIV 2.2.10 - Maintain Downtown as an attractive community-serving retail center. Future development at this site should preserve its existing amenities, pedestrian-scale and architectural character. RECOMMENDATION: Staff recommends approval of the ordinance. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Page 26 Description Ordinance #2016-2075: Downtown District Uses Regulating Convenience Stores Page 27 Type Ordinance ORDINANCE # 2016-2075 AN ORDINANCE OF THE CITY OF NEW PORT RICHEY, FLORIDA AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 2.01.00, DEFINITIONS; AMENDING SECTION 7.11.02, PROHIBITED USES IN THE DOWNTOWN ZONING DISTRICT, TO PROHIBIT CONVENIENCE STORES; AMENDING THE CITY CODE OF ORDINANCES, SECTION 13-211, DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161, et seq., Florida Statues, requires local governments to adopt Land Development Regulations to implement their adopted Comprehensive Plan, and which contain all land development regulations for the City; and WHEREAS, the City Council adopted Ordinance #1221 on April 17, 1990, establishing Land Development Regulations in the City and several amendments thereto; and WHEREAS, the City Council adopted Ordinance #1775 on October 4, 2005, amending the Downtown District to permit specific uses, prohibit uses and allow for other uses meeting certain conditions (conditional uses); and WHEREAS, the City Council adopted Ordinance #1915 on January 6, 2009, further amending the Downtown District to permit specific uses and prohibit uses; and WHEREAS, the City Council has found and determined that these regulations should be further amended to encourage certain businesses to locate in the Downtown District and discourage others. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW PORT RICHEY, FLORIDA: SECTION I. That Section 2.01.00, Definitions, of the New Port Richey Land Development Code is hereby amended to read as follows: Section 2.01.00, Definitions Convenience Store. A business establishment that: (1)Offers a limited quantity and variety of food, household and sundry items; (2)Operates at any time during the hours of 10:30 p.m. and 4:00 a.m; (3)Does not sell or have for sale prescription drug items; (4)Operates in a building of less than 10,000 square feet; and (5)Sales of groceries/food products shall be at least 51% of the gross revenue. SECTION II. That Section 7.11.02, Downtown Zoning District, Prohibited Uses, of the New Port Richey Land Development Code is hereby amended to read as follows: 7.11.02, Prohibited uses (25) Convenience Stores. Ordinance #2016-2075 – Convenience Stores in Downtown Zoning District - Page 1 of 2 Page 28 SECTION III. That Section 13-211, Definitions, of the New Port Richey City Code is hereby amended to read as follows: Section 13-211, Definitions Convenience Store. A business establishment that: (1)Offers a limited quantity and variety of food, household and sundry items; (2)Operates at any time during the hours of 10:30 p.m. and 4:00 a.m.; and (3)Does not sell or have for sale prescription drug items; (4)Operates in a building of less than 10,000 square feet; and (5)Sales of groceries/food products shall be at least 51% of the gross revenue. Employee shall mean the person, corporation, partnership, joint venture or other group enterprise legally responsible for the day-to-day operation of the convenience food store. Owner shall mean the person, corporation, partnership, joint venture or other group enterprise having lawful possession of the premises upon which the convenience food store is operated. SECTION IV. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected thereby. SECTION V. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall be codified and made a part of the New Port Richey City Code, and that the sections of this Ordinance may be renumbered to accomplish such codification, and that the word Ordinance may be changed to “section” to accomplish such codification. SECTION VI. This Ordinance shall become effective immediately upon its adoption. The above and foregoing Ordinance was read and approved on first reading at duly convened meeting of the City Council of the City of New Port Richey, Florida this day of , 2016. The above and foregoing Ordinance was read and approved on second reading at duly convened meeting of the City Council of the City of New Port Richey, Florida this day of , 2016. ATTEST: __________________________ Doreen Summers, City Clerk ____________________________ Rob Marlowe, Mayor-Council Member APPROVED AS TO FORM By: __________________________________ Joseph A. Poblick, City Attorney Ordinance #2016-2075 – Convenience Stores in Downtown Zoning District - Page 2 of 2 Page 29 . . TO: City of New Port Richey City Council FROM: Robert M Rivera, Public Works Director DATE: 2/2/2016 RE: Bid Award, 16-004: 2014/2015 Water System Improvements Project REQUEST: The request of staff for the City Council is to review the attached engineers bid recommendation memo and consider approval and award of the low bid submitted by BUN Construction Company, Inc. in the amount not to exceed nine hundred sixty-eight thousand seven hundred sixty dollars and zero cents $968,760.00 for the 2014/2015 Water System Improvements Project. DISCUSSION: As Council may recall, this project was advertised for competitive bidding in October of 2015. Six (6) bids were submitted ranging from a low bid of nine hundred sixty-eight thousand seven hundred sixty dollars and zero cents $968,760 to a high bid of one million seven hundred six thousand seven hundred seventy-two dollars and forty cents $1,706,772.40. The Engineer has verified bid dollar amounts and documents submitted. Reference's have been verified to confirm the contractor is familiar and capable of performing utility projects. Therefore, the engineer has recommend approval of the low bid and award of the project to BUN Construction Company, Inc. The scope of work for the project includes the installation of approximately 7,000' of new eight inch diameter water mains and the installation of 10 fire hydrant assemblies. The replacement and upsize of the existing water mains will increase fire flow capacity to the existing and proposed fire hydrant assemblies resulting in better fire protection to the residential and commercial properties in the event of a fire. In addition, the replacement of 2,600' of existing asbestos cement pipe along Marine Pkwy will eliminate the probability of damage to the proposed muli-use path as the existing pipe has served its useful life and currently is prone to joint failures. RECOMMENDATION: Approval and award the low bid submitted by BUN Construction Company, Inc. in the amount not to exceed nine hundred sixty-eight thousand seven hundred sixty dollars and zero cents $968,760.00 is recommended . BUDGET/FISCAL IMPACT: Funding for this project is identified as Water and Sewer Construction Funds account 405-0955-533-63-81. ATTACHMENTS: Description Engineer's Recommendation Memo Simple Bid Tabulation Page 30 Type Backup Material Backup Material Page 31 BID NO. 16-004 2014-2015 WATER SYSTEM IMPROVEMENTS 12/4/15 2:00PM BIDDER BID AMOUNT BUN CONSTRUCTION $ 968,760.00 SUNCOAST DEVELOPMENT $ 1,219,390.00 DBE UTILITY SERVICES $ 1,300,760.50 JPR UNIVERSAL CONSTRUCTION $ 1,631,345.00 DALLAS 1 CONSTRUCTION $ 1,706,772.40 Page 32 5919 MAIN STREET • NEW PORT RICHEY, FL 34652 • 727. 853 . 1016 TO: Debbie Manns, City Manager FROM: Doreen Summers, City Clerk CC: Robert Rivera, Public Works Director Gary Peterson, Construction Services Manager Susan Marshall, Purchasing Administrator DATE: December 4, 2015 RE: Bid Opening: 16-004, 2014-2015 Water System Improvements ____________________________________________________________________________________ Bids for Bid 16-004, 2014-2015 Water System Improvements, were received by 2:00 pm on Wednesday, December 2, 2015. The bid opening took place on Friday, December 4 at 2:00 pm in City Hall Council Chambers. Present were Construction Services Manager Gary Peterson, Stroud Engineering Consultants President Brent Heath, Assistant Finance Director Crystal Dunn, and City Clerk Doreen Summers. Bids were announced and opened from the following entities: BUN Construction Company, Inc. 4135 East Hillsborough Avenue Tampa, FL 33610 Dallas 1 Construction and Development P.O. Box 249, 10328 Main Street Thonotosassa, FL 33592 Suncoast Development of Pinellas County 2340 Destiny Way Odessa, FL 33556 DBE Utility Services 15893 77th Place Loxahatchee, FL 33470 JPR Universal Construction, LLC 1070 Cephas Drive Clearwater, FL 33765 The bid opening concluded at 2:20 pm. The bid tabulation is attached. Page 1 Page 33 5919 MAIN STREET • NEW PORT RICHEY, FL 34652 • 727. 853 . 1016 Page 2 Page 34 . . TO: City of New Port Richey City Council FROM: Robert M Rivera, Public Works Director DATE: 2/2/2016 RE: WWTP Biosolids Hauling and Disposal Contract Extension REQUEST: The request of staff for City Council is to review and consider for approval a one (1) year contract extension with the same terms and conditions as set forth in the current contract with Merrell Bros., Inc. for Biosolids Hauling and Disposal dated April 16, 2013. DISCUSSION: The Wastewater Treatment Plant generates about 7,000 tons of biosolids or sludge annually as a by-product of the reclaimed water treatment process. This material must be transported and treated to FDEP standards prior to disposal. Our facility is not equipped to provide this level of biosolids treatment and the long distance to the disposal site makes it impractical for the City to haul the material; consequently the division has historically contracted this service out. On January 11, 2013 the City advertised for “Biosolids Hauling and Disposal Services”. On Friday, March 1, 2013 seven sealed bids were opened and publicly read aloud. The low bid was from Merrell Bros., Inc. at $44.72 per ton for hauling and disposal. Over the past three (3) years Merrell Bros., Inc. service to the City has been dependable and no complaints have been filed against the contractor by staff or the public. As Council may recall, the exiting contract dated April 16, 2013 contained two (2) initial years and a one (1) year renewal term. The $44.72 per ton for hauling and disposal is the lowest price since the City begin hauling the byproduct in 2008. The current site used for disposal has closed; this has caused an increase in the typical charge for hauling and disposal. In 2015 Pasco County Utilities went out to bid and awarded a disposal contract at a rate of $56.46 per ton. This rate is $11.74 higher than the existing rate charged to the City for disposal, or a potential savings of $64,180 based on the City's yearly disposal average. Subsequent to discussions between the contractor and City Utility staff, it has been agreed that existing terms, conditions, and pricing in the 2013 agreement shall remain the same should City Council approve the one (1) year extension. RECOMMENDATION: Approval of a final one (1) year contract extension is recommended. BUDGET/FISCAL IMPACT: This service is budgeted and available in the operating budget for the Wastewater Reclamation Facility. It should be noted that Pasco County will reimburse the City 38% of the total cost for this service as outlined in the wastewater plant operation inter-local agreement. ATTACHMENTS: Description Page 35 Type One (1) Year Extension Request Page 36 Backup Material Page 37 Page 38 Page 39 . TO: City of New Port Richey City Council FROM: Kim Bogart, Chief of Police DATE: 2/2/2016 RE: Request to Auction Impounded Vehicles . REQUEST: I respectfully request Council declare three pick-up trucks, seven passenger vehicles, one van and one motorcycle listed on the attachment, as “Surplus Equipment” and authorize staff to auction the items using the services of The Public Group, LLC. DISCUSSION: The vehicles and motorcycle listed on the attachment were impounded or seized by the Police Department and ultimately abandoned or forfeited by the owners. The Police Department has obtained clear title in the City’s name for all of the items. None of the items have been added to the City’s inventory and none are of any use to the City. The Police Department is requesting authorization to collaborate with the City’s Public Works Department to hold an on-line vehicle/equipment auction using the services of The Public Group, LLC. (a.k.a. Public Surplus). The minimum purchase price for the items has been established by the City’s Fleet Maintenance Supervisor using the “Wholesalers’ Buyer Guide” or “Black Book”. Public Works has advised that the auction terms and conditions with The Public Group has not changed and remains the same as previous agreements with the City. The expense to the City is the cost for placing an in a major newspaper notifying the general public about the on-line auction. Once an item is sold, the buyer is responsible for paying an auction fee of seven (7) percent of the purchase price. The City will collect all of the funds and distribute the auction fee to The Public Group. Additionally, the City is responsible to pay $100 to each of the tow companies for handling the initial tow for the Police Department. RECOMMENDATION: It is my recommendation for Council to declare the three pick-up trucks, seven passenger vehicles, one van and one motorcycle as “Surplus Equipment” and authorize staff to process the items for auction using the services of The Public Group, LLC. BUDGET/FISCAL IMPACT: The cost for advertising and the tow fees will be paid from the Police Department operating budget. Staff impact is minimal as much of the preliminary work has already been accomplished. Police Department staff and the Fleet Maintenance Supervisor will collaborate and work closely with the City Clerk and the Finance Department to handle the paperwork and financial process of the auction. ATTACHMENTS: Description List of Vehicles for Auction Page 40 Type Cover Memo Impounded Vehicles for Auction February 10, 2016 Vehicle Description 2007 Taizhou Chuanl (MC) 1999 Chevrolet Express 2000 Ford Ranger 2000 Chevrolet S-10 1989 Ford F-150 2000 Nissan Sentra 1999 Chevrolet 4 dr sedan 2001 Dodge Van 1998 Cadillac STS 2002 Pontiac Grand Prix 1999 Chevrolet Lumina 2004 Hyundai Santa Fe Page 41 Vehicle Identification Number LFGTCKPB871000162 1GCHG35R4X1085761 1FTYR10C1YTB46328 1GCCS1449YK140025 1FTEF15N7KNB79478 3N1CB51D1YL303151 2C1MR5227X6718002 2B4GP74L81R399641 1G6KY5490WU902756 1G2WP52K52F231658 2G1WL52M0X9211481 KM8SC13D54U820976 Owners' Name Georgios Karvounis Anthony L. Rogers Michael T. Klink Kevin K. Hampel Monte R. Valdez Amber Brooks Shirley A. Kallergis Kristy Lynn Petty Michelle A. Young Jennifer M. Foster Kimberly Hunt Christopher A. Harrington Date of Impound 06/20/15 05/30/15 05/17/15 05/05/15 04/11/15 03/26/15 01/13/15 05/05/15 05/06/15 05/10/15 06/08/15 09/26/14 . . TO: City of New Port Richey City Council FROM: Kim Bogart, Chief of Police DATE: 2/2/2016 RE: Request to Purchase Sharp Electronics Aquos SMART Board REQUEST: I respectfully request Council authorize the purchase of a Sharp Electronics 80 inch Aquos SMART Board with a three-year warranty and extend the warranty an additional two-years for a total cost of $11,280. DISCUSSION: The police department’s routinely conducts in-service training classes for all of its police officers and civilian employees. The audio visual equipment used for that purpose is over 14 years old and past due for replacement due to deteriorated performance and advances in technology. This includes is an LCD projector, and a multi-input VCR/DVD player/monitor and an electronic whiteboard. The proposed new Sharp Electronics Aquos SMART Board combines all of the capabilities of the old equipment into one unit. It has a high definition interactive panel, touch screen operation, and many built-in templates. This unit is computer driven and has advanced performance features that allows for touch screen operation, information storage and access to the internet. This request includes a Shuttle compact personal computer equipped with Windows 7 Pro software, a rolling cart and an additional two-year extension on the warranty for a total of five years of in-house coverage directly from Sharp Electronics. This equipment will be purchased directly from Sharp Electronics utilizing National Joint Powers Alliance (NJPA) pricing at a total cost of $11,280. RECOMMENDATION: I recommend the purchase of an 80 inch Aquos Smart Board, Shuttle Compact personal computer, rolling cart and two years extended warranty as described above from Sharp Electronics utilizing NJPA pricing at a total cost of $11,280. BUDGET/FISCAL IMPACT: I am requesting this purchase be paid from the police department’s forfeiture funds account. ATTACHMENTS: Description NJPA Co-op Letter NJPA Joint Powers Agreement Sharp Electronics Aquos SMART Board Quote Sharp Electronics Aquos SMART Board Extended Warranty Quote Page 42 Type Cover Memo Cover Memo Cover Memo Cover Memo Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 . . TO: City of New Port Richey City Council FROM: Debbie L. Manns, City Manager DATE: 2/2/2016 RE: Memorandum of Understanding between the City of New Port Richey and Greater New Port Richey Main Street, Inc. REQUEST: The request is for City Council to approve the Memorandum of Understanding between the City and Greater New Port Richey Main Street, Inc. DISCUSSION: In order to memorialize certain terms and responsibilities as it relates to the administration of the Greater New Port Richey Main Street Program, a Memorandum of Understanding has been drafted for your review and consideration. The proposed agreement affirms the importance of a four point program approach and sets forth the performance requirements for both parties. Additionally, the agreement provides a termination clause in the event of any material breach in the terms of the contract. RECOMMENDATION: Staff recommends that City Council approve the proposed Memorandum of Understanding as submitted and authorize the City Manager to enter into the agreement with Greater New Port Richey Main Street, Inc. BUDGET/FISCAL IMPACT: Funding is not required for this item at this time. ATTACHMENTS: Description Type Memorandum of Understanding between the City of New Backup Material Port Richey and Greater New Port Richey Main Street, Inc. Page 49 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEW PORT RICHEY AND GREATER NEW PORT RICHEY MAIN STREET, INC. This MEMORANDUM OF UNDERSTANDING herein referred to as “AGREEMENT” is made upon the signing of the parties by and between the City of New Port Richey, Florida, a municipal corporation, whose address is 5919 Main Street, New Port Richey, Florida, 34652, herein after referred to as “CITY”, and Greater New Port Richey Main Street, Inc., a Florida Main Street 501C3 nonprofit organization authorized to do business as a nonprofit in the State of Florida, whose address is 5919 Main Street, New Port Richey, Florida, 34652, hereinafter referred to as “GNPRMS”. W I T N E S S E T H: WHEREAS, the City of New Port Richey City Council has budgeted funds to provide for the Director position of GNPRMS, appropriate office space for the staff person, their staff and supplies; and WHEREAS, GNPRMS has been designated a Florida Main Street City by the Division of Historical Resources, Florida Department of State; and WHEREAS, GNPRMS is incorporated, filed for, and received their 501C3 status, and has a working Board of Directors; and WHEREAS, the CITY has supported the development of GNPRMS and intends to continue to do so; and WHEREAS, both the CITY and GNPRMS agree on the importance of a strong four-point Main Street Approach for Downtown; and WHEREAS, the CITY and GNPRMS both desire to create a strong and viable downtown. Page 50 NOW THEREFORE in consideration of the mutual covenants, promises, and representations contained herein and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to as follows: ARTICLE I - RECITALS The WHEREAS clauses are hereby incorporated by reference and are represented to be true and correct. ARTICLE II - TERM This AGREEMENT shall continue in force until September 30, 2016 unless either party chooses to exercise its rights under Article VII - Termination below. ARTICLE III - ADMINISTRATION OF AGREEMENT Administration of this AGREEMENT shall be under the general direction of the City Manager or designee who shall act as the CITY’S representative during the performance of this AGREEMENT. The Agreement Administrator for GNPRMS is its President or designee, who will also serve as the day-to-day contact person. Each party agrees to provide written notification within fifteen (15) days, should the representative of either party change during the term of this AGREEMENT. ARTICLE IV - GENERAL CONDITIONS This AGREEMENT is governed by and shall be construed according to the laws of the State of Florida and the governing documents of the Florida and National Main Street organizations. Venue for any dispute, claim or action arising out of or related to this AGREEMENT shall be in the Sixth Judicial Circuit in and for Pasco County, Florida (Westside.) Each party hereto shall bear their own attorneys’ fees and costs in the event of any dispute, claim, action or appeal arising out of or related to this AGREEMENT. Page 51 ARTICLE V - WARRANTY AND OBLIGATION This AGREEMENT sets forth the final and entire AGREEMENT between the parties hereto and neither they nor their agents shall be bound by any terms, conditions, statements, warranties or representations, oral or written, not herein contained. The obligations of the CITY under this AGREEMENT are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of New Port Richey. Funds must be appropriated in each annual budget and may be withdrawn at the Council's sole discretion. ARTICLE VI - INDEMNIFICATION GNPRMS shall indemnify and hold the CITY harmless, including its elected and appointed officials, agents and employees, from and against all claims, damages, losses, and expenses, including, but not limited to, attorney’s fees and costs, and attorney’s fees on appeal arising out of or resulting from the carrying out of this AGREEMENT, arising out of any work activities performed under this AGREEMENT, or constituting a breach of any term of this AGREEMENT, except if due to a negligent act of the CITY. ARTICLE VII - TERMINATION Either party shall have the right to terminate this AGREEMENT for any material breach of any term of this AGREEMENT. A breach shall include, but not be limited to, failure to utilize the funds as directed within this AGREEMENT, failure by the CITY to approve use of property and secure dates for GNPRMS longstanding events such as Cotee River Seafood Fest, Main Street Blast, Night in Tropics, Fall Festival and Main Street Holidays. Any additional events will be subject to approval by the Main Street Board of Directors. Termination of the AGREEMENT by GNPRMS pursuant to this paragraph shall preclude GNPRMS from applying Page 52 for any further grants from the CITY during the same contract year. Should the CITY cause a breach as outlined above and subsequently cause termination of this AGREEMENT, the CITY shall not unreasonably withhold usual and customary support of regular events sponsored by GNPRMS. Upon either party’s determination that a breach of any term of this AGREEMENT, said party will provide written notice of said breach, and provide, in the written notice, the corrective action that must be taken. If the party does not take the above-described corrective action within fifteen (15) calendar days of receipt of the written notice, this AGREEMENT shall terminate without any further notice. The corrective action must be acceptable to the aggrieved party in order to avoid termination hereunder. ARTICLE VIII - REVIEW OF FINANCIAL RECORDS For a period of up to three (3) years after the end of the fiscal year in which the grant is awarded or termination of this AGREEMENT, the CITY shall have the right to review and audit any and all financial records or any other records having to do with this AGREEMENT, at any time. GNPRMS agrees to cooperate fully on any review or audit conducted by CITY. GNPRMS shall submit an annual operating budget to the CITY within thirty (30) days of execution of this AGREEMENT. ARTICLE IX - AMENDMENTS Amendments hereof must be mutually agreed upon by the parties and must be in writing. ARTICLE X - NOTICES Whenever either party desires to give notice unto the other, written notice shall be sent via hand delivery or first class mail to: Page 53 Greater New Port Richey Main Street, Inc. ATTN: President, Board of Directors 5919 Main Street New Port Richey, FL 34652 City of New Port Richey ATTN: City Manager 5919 Main Street New Port Richey, FL 34652 With a copy to: City of New Port Richey ATTN: City Attorney 5919 Main Street New Port Richey, FL 34652 All notices shall be effective upon receipt. Any party may change their representative to get notice or their address by giving notice in this manner without the need of formal amendment to this AGREEMENT. ARTICLE XI - QUATERLY REPORTS GNPRMS shall provide quarterly reports to the CITY detailing the following efforts: Economic Restructuring - detailing approaches to strengthening the competitiveness of existing businesses, recruiting new businesses, and converting unused or underused space to more productive uses. Promotion - detailing efforts for creating a positive image of the downtown area to encourage consumers and investors to live, work, shop, play, and invest in the downtown. Design - detailing efforts to create an inviting atmosphere, through facade, streetscape and other design improvements as well as ongoing maintenance of the downtown area. Organization - detailing efforts to focus on strategies for getting stakeholders to work toward the same goal and for assembling the appropriate people and financial resources to implement your program. GNPRMS shall provide to the CITY monthly financial reports detailing all revenue and expenditures. Page 54 ARTICLE XII - BOARD OF DIRECTORS The CITY shall appoint one voting member and one ex-officio member to the Board of Directors for GNPRMS as its representatives. ARTICLE XIII - DIRECTOR The CITY shall employ a full-time, professional level Main Street Director. The CITY shall also provide reimbursement for expenses to attend required National and Florida Main Street Conferences, as well as any required Main Street training and office space which shall be housed in City Hall. The CITY shall establish duties for the position to include, but not be limited to the following: 1. Oversight of the daily operations of the GNPRMS program, including coordinating and facilitating committees, creating support for GNPRMS, and building strong relations with the downtown businesses and residents; and 2. Provide recommendations and technical assistance to the GNPRMS Board of Directors; and 3. Other duties as outlined in the Main Street Program Director job description provided by the CITY. IN WITNESS WHEREOF, the parties have caused this MEMORANDUM OF UNDERSTANDING to be executed for the uses and purposes therein expressed on the day and year first above written. ATTEST: CITY OF NEW PORT RICHEY _______________________________ Doreen M. Summers, CAP-OM, CMC City Clerk ________________________________ Debbie L. Manns, City Manager _______________________ Date Page 55 GREATER NEW PORT RICHEY MAIN STREET, INC. _______________________ Date By: ________________________________ its _____________________________ Witness: Page 56 __________________________________ Signature _______________________________ Signature __________________________________ Printed Name of Witness _______________________________ Printed Name of Witness . TO: City of New Port Richey City Council FROM: Bryan Weed, Technology Solutions Director DATE: 2/2/2016 RE: LED Video Display Boards for Sims Park . REQUEST: The request is for City Council to approve the purchase of two LED display boards for Sims Park. DISCUSSION: On January 28, 2016 Thomas Signs performed a flag test for City Council to view the 7 x 10 and 7 x 13 dimensions offered for the new LED display boards for Sims Park. After the completion of the test, it appeared that if the purchase was to be appoved that the 7 x 13 dimension display boards was the perferred size. The LED display boards offer a wide angle view and seem to accent the space appropriately. The display boards are also consistent with the true 16:9 ratio which was requested from the Parks and Recreation Department. If the city council approves the purchase, the installation of the display boards will take approximately 10 - 12 weeks. Total cost for the project, aside from the power and data, is $191,256.00. An outline of the cost for each board is as follows: 7’ x 13’ 10mm, Full Color/Video Optec EMC and double pole supports per engineering - $86,628.00 Installation – Including labor and equipment - footer, pipe, concrete, excavation and waste removal -$9,000 Total $95,628.00 Grand Total for (2) $191,256.00 w/ Addition of Bond Amount - $195,195.87 A copy of a feedback form from the City of Madeira Beach on a LED project completed by Thomas Signs has also been attached for reference. RECOMMENDATION: Staff recommends that Council approve the purchase of two 7' x 13' LED display boards for Sims Park. BUDGET/FISCAL IMPACT: If this approve the funding will be provided through penny for pasco funds. ATTACHMENTS: Description 7 X 13 Option City of Madeira Beach Recommendation Contract Page 57 Type Backup Material Backup Material Backup Material Celebrating Celebrating 46 46 Years Years of of Quality Quality Manufacturing Manufacturing and and Service Service Sim’s Park New Port Richey, FL 46 Option 1 SCOPE OF WORK: TSA to provide and install Qty. 2 full color 10mm EMC displays behind stage retainer walls as shown. EMC displays will be installed with a double support system per engineering and will have a dedicated electrical circuit provided for each display, as required. Support posts will be painted gloss white and affixed to display with provided structural bracket mounting system. EMC displays are rear vented and cannot be obstructed. 13’-0” THOMAS SIGN & AWNING CO INC 4590 118TH Avenue North Clearwater, Florida 33762 800-526-3325 www.thomassign.com CLIENT Sim’s Park Design Number: 57315 A ELEV REND SI 7'-0" Installation Address: 6341 Bank Street New Port Richey, FL 65522 13'-0" 7'-0" 7'-0" 8’-0” 13'-0" KT X GGJ 12-02-2015 Square Footage Allowable: X Square Footage Shown: 70.0’ ea. Project Updates: 8'-0" Approval: Approved 10mm Hi-res Full Color EMC Displays on double supports SCALE: 3/8” = 1’-0” Approved as noted DATE: Revise & Re-Submit DATE: The designs, concepts, drawings and specications provided are the exclusive property of Thomas Sign & Awning Company and may not be reproduced in any way, shape or fashion without the express written permission of Thomas Sign & Awning Company Page Proposed Elevation Updated Condition SCALE: 1/16’= 1’-0” Page 58 Sheet 1 1 of 1 Local: 727-573-7757 Fax: 727-573-0328 To: Subject: Date: Attachments: Bryan Weed Digital Sign Recommendation Monday, February 01, 2016 2:18:18 PM image001.png From: Marshall-Barley, Sea [mailto:[email protected]] Sent: Monday, February 01, 2016 1:34 PM To: Bryan Weed Cc: Servedio, Aimee Subject: Digital Sign Recommendation Hi Bryan, As per our conversation earlier, here is a summary of my recommendation for the digital sign and the Ignite software that we utilize at the City of Madeira Beach. The training process on how to use and operate the sign occurred about three months ago. Another administrative lead scheduled a conference call and were connected to the software trainer through a shared meeting (like a Citrix-powered Go To Meeting). The session was comprehensive and easy to follow. Since the training, I have had no difficulty operating the sign. I am not IT staff and am able to easily operate the software and find it very user-friendly. There are several preset images and animations to use and you are also able to create your own original messages as well – I used both original and preset messages interchangeably. Our City mainly uses the digital sign to advertise City meetings and City-sponsored events in the area. I have had no difficulties or problems with this digital sign since the operation has been turned over to me and would recommend it to another City that would use it for similar purposes. If you have any other questions or would like any additional information, please feel free to contact me. My direct extension and contact information is listed below. Thank you, Sea S. Marshall-Barley, MPA City of Madeira Beach Administrative Support Specialist (727) 391-9951 x223 [email protected] Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public-records request, do not send electronic mail to this entity. Page 59 Ver. 1 CONTRACT NO. 28314 Proj Group - Kyle Tobul (Sales PM) 65522 PLEASE EXECUTE CONTRACT AND RETURN SIGNED COPY WITH DEPOSIT. THANK YOU! This AGREEMENT made and entered into this______ day of ___________ 20_____, by and between Thomas Sign & Awning Company, Inc. Represented by: Kyle Tobul hereinafter called Seller, and Bryan Weed at City of New Port Richey, City of New Port Richey, FL, New Port Richey, FL (727)853-1250 hereinafter called Buyer. JOB SITE: Sims Park - EMCs 6341 Bank St New Port Richey, FL 34652United States WITNESSETH: In consideration of covenants agreements hereinafter contained, the parties agree as follows: Seller will furnish, as per sketch No. na - Provide (2) 7' x 13' overall dimension 10mm Full color EMC units with video controls and live feed capabilities w/ required software. - Design, Manufacture and Install (2) Double Pole mounting sytems for EMCs. Includes Concrete, Excavation, Poles and Waste Removal. Design to be based on required engineering. Bottom edge of screens to be 8' above grade. - Connect to provided 120v and 4 strand Fiber Optic Cable. - Install (2) 10mm 7' x 13' EMCs, connect to control unit and install software. Ensure 100% operational. * Fiber Optic Cable, Power Run and all conduit by others, not included* ** ALL INCLUSIVE PRICING VALID FOR 60 DAYS** *** 60% Deposit due prior to ordering EMC Units or manufaturing.*** Qty Part Number Description Price 1 INSTALL Footer, Pole, Concrete and labor to Install (2) 7' x 13' EMC Units . 1 MISC Bond Amount - City Required 1 SIMEMC7X14SF PYLON SIGN - TWO (2) 7'- 0" x 14'- 0" x 15'- 0" OAH - 10MM FULL COL Line Total $18,000.00 $18,000.00 _ $3,939.87 $3,939.87 _ $173,256.00 $173,256.00 U SIGNAGE TOTAL $195,195.87 EST. SALES TAX At Cost $0.00 EST. FREIGHT $0.00 TOTAL $195,195.87 DEPOSIT (60%) $117,117.52 BALANCE DUE $78,078.35 TERMS AND CONDITIONS - DEPOSIT, WITH BALANCE DUE UPON COMPLETION It is further agreed by the parties hereto that the word “SIGN” as used below covers all signs and awnings included in this contract, whether one or more and that. 1. Buyer shall furnish Seller with complete address and plot plan showing exact locations of signs for each job with legal description and parcel ID. 2. Customer shall be responsible for adequate electric service to sign area, electrical permit, and final electrical hookup. 3. Since abnormal submerged conditions, such as rock, stumps, gas lines, electric lines, sewer lines, hard pan, water or sand cave-ins, etc., cannot be foreseen, all hardship costs will be charged to the Buyer. 4. Seller reserves the right to modify or correct sign in any way necessary to conform with any changes in city, county, or state law regulations or orders and/or conditions beyond Seller’s control at job site to insure proper installation. 5. Seller shall not be liable for any failure in performance resulting in labor troubles, fires, floods, windstorms, acts of God, war or other conditions or contingencies beyond its control. 6. In the event location is not in readiness for when sign manufacture is complete, then 90% of total contract shall be paid to Seller immediately 7. Sales tax, Freight, Crating, Engineering, and Permit(s), if required, shall be billed at cost on final invoice. 8. All pricing is in US dollars. Payment shall be made in US dollars. Bank transaction charges are to be paid or reimbursed by Buyer to Seller. 9. Title to sign is retained by Seller for security and will pass to Buyer when the entire contract price has been paid. Sign shall be regarded as tangible personal property. Sign shall remain therefore severable and cannot be claimed as property of the Buyer or existing property aggrandizement until the purchase price on the face of this agreement is paid in full. In the event of a breach of contract by the Buyer before erection of said sign, Buyer shall immediately pay Seller for costs incurred in labor and material to date. 10. This contract shall apply to and bind the heirs, executors, administrators, successors, and assigns of Buyer and shall inure to the benefit of the Seller, his successors and assigns. 11. INTEREST: Any payment amount not paid when due shall accrue interest at the highest legal rate of interest allowed by law. 12. ATTORNEY’S FEES AND COSTS: In any litigation arising out of this contract, the prevailing party shall be entitled to recover a reasonable attorney’s fees and costs. The parties agree that the exclusive venue of any such action shall be Pinellas County, Florida. (BUYER) (SELLER) by: Kyle Tobul ACCEPTED BY BUYER (Sales Representative) Approved this____ day of ____________ 20____ This____ day of ____________ 20____ At THOMAS SIGN & AWNING COMPANY, INC. Company Name: __________________________ By (SELLER) ___________________________________ By (BUYER) ____________________________________ Title: Nat. Account Exec Title: __________________________________________ Contract pricing is only guaranteed within 90 days of issue date. After 90 days pricing is subject to change. 4590 118th AVENUE NORTH – CLEARWATER, FL. 33762 (800) 526-3325 OR (727) 573-7757 – FAX (727) 573-0328 Lic: # ES0000083, CGC043353 28 2/1/16 4:23:45 PM Page 60 Page 1 of 1 2/1/16