11/02/2015Monday, November 2, 2015
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Council Work Session
Work Session Agenda
November 2, 2015Council Work Session Work Session Agenda
1. Call to Order
2. Presentations
Police Officer Oaths2.1
3. Finance
Approve the liability claim of Jim Zimmerman for payment not to exceed
$65,000.00 and authorize the appropriate officials to execute same.
(consent)
3.1
4. Gas System
Approve the City of Belleair Bluffs Annual General Right of Way Permit
for the period November 1, 2015 through October 31, 2016 and
authorize the appropriate officials to execute same. (consent)
4.1
5. Human Resources
Approve the contract between the City of Clearwater and Cigna Onsite
Health, LLC to provide onsite health clinic services to employees, family
members, and retirees who are covered by the City of Clearwater and
the City of Dunedin health insurance plans, and authorize the
appropriate officials to execute same. (consent)
5.1
6. Parks and Recreation
Approve contract (blanket purchase order) for electrical services to MCS
of Tampa, Inc., in the annual amount of $150,000 (Invitation to Bid
59-15), and two one-year renewal terms at the City's option, and
authorize the appropriate officials to execute same. (consent)
6.1
Approve a contract (blanket purchase order) for special event rental
equipment to Elite Event and Rentals, in the annual amount of $75,000
(Invitation to Bid 68-15), and two one-year renewal terms at the City's
option, and authorize the appropriate officials to execute same.
(consent)
6.2
Approve a Partnership and Funding Agreement (agreement) between
the City of Clearwater and the Tampa Bay Veterans Alliance (TBVA) for
the purpose of funding and constructing a Veterans War Memorial at
Crest Lake Park and authorize the appropriate officials to execute same.
(consent)
6.3
Page 2 City of Clearwater Printed on 11/2/2015
November 2, 2015Council Work Session Work Session Agenda
Approve a three-year Agreement between the American Red Cross and
the City of Clearwater to provide training in first aid care, emergency
response, swim instruction and lifeguarding for City employees and
members of the public and authorize the appropriate officials to execute
same. (consent)
6.4
7. Police Department
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 and Oak Grove Middle School for a one-year
period commencing July 1, 2015 through June 30, 2016, and authorize
the appropriate officials to execute same. (consent)
7.1
Approve acceptance of Florida Department of Transportation (FDOT)
High Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety
Grant Award in the amount of $29,943.38 for police overtime and
related fringe benefits and authorize the appropriate officials to execute
same. (consent)
7.2
8. Fire Department
Award a contract (purchase order) to Fisher Scientific, Atlanta, Georgia,
in an amount not to exceed $734,400 for the purchase of self-contained
breathing apparatus (SCBA), authorize lease purchase under the City’s
Master Lease Purchase Agreement, or internal financing via an
inter-fund loan from the Capital Improvement Fund, whichever is
deemed to be in the City’s best interest; in accordance with Sec.
2.564(1)(d), Code of Ordinances-Other governmental bid, and authorize
the appropriate officials to execute same. (consent)
8.1
9. Planning
Provide direction regarding a request for termination of a Development
Agreement between 25 Countryside West, LLC, (property owner), and
the City of Clearwater as well as a termination of the associated
Declaration of Restrictive Covenants. (WSO)
9.1
Increase the current blanket purchase orders (contracts) for Inspection
and Plan Review Services, to a revised cumulative total annual amount
for Inspection and Plan Review Services, as required by the Planning
and Development Department, and authorize the appropriate officials to
execute same. (consent)
9.2
10. Engineering
Page 3 City of Clearwater Printed on 11/2/2015
November 2, 2015Council Work Session Work Session Agenda
Approve the request from 200 Garden, LLC to vacate the alley located
within the 200-block between North Fort Harrison Avenue and North
Garden Avenue; and pass Ordinance 8776-15 on first reading.
(VAC2015-07)
10.1
11. Information Technology
Approve a contract (blanket purchase order) in the amount of
$122,644.00 and award Request for Proposal (RFP) 55-15 to
SoftResources, Inc., Kirkland, WA, for needs assessment and software
evaluation consulting services, and authorize the appropriate officials to
execute same. (consent)
11.1
12. Public Utilities
Approve an annual blanket purchase order (contract) to Brenntag
Mid-South, Inc. (Brenntag) of Henderson, KY, in the annual amount of
$100,000, with an option for two one-year term extensions, for the
purchase of 50% Sodium Hydroxide not to exceed $300,000, and
authorize the appropriate officials to execute same. (consent)
12.1
Approve an annual blanket purchase order (contract) to Univar USA,
Inc. (Univar) of Tampa, FL, in the annual amount of $50,000, with an
option for two one-year term extensions, for the purchase of 19% Aqua
Ammonia not to exceed $150,000, and authorize the appropriate
officials to execute same. (consent)
12.2
13. Solid Waste
Award a contract (Purchase Order) for $262,950.00 to Environmental
Products of Florida for one 2016 Elgin Broom Bear Sweeper for
Stormwater Vehicle Replacement in accordance with the Florida
Sheriff’s Contract 15-13-0904, 2.564(1)(d), Code of Ordinances-Other
Governmental Bid; authorize lease purchase under the City’s Master
Lease Purchase Agreement, or internal financing via an interfund loan
from the Capital Improvement Fund, whichever is deemed to be in the
City’s best interest; and authorize the appropriate officials to execute
same. (consent)
13.1
Award a contract (Purchase Order) for $200,178.98 to Trekker Tractor
of Tampa, FL for one 2016 Case 821F Wheel Loader for Parks and
Recreation Vehicle Replacement in accordance with the Florida Sheriff’s
Contract 15-13-0904, 2.564(1)(d), Code of Ordinances-Other
Governmental Bid; authorize lease purchase under the City’s Master
Lease Purchase Agreement, or internal financing via an interfund loan
from the Capital Improvement Fund, whichever is deemed to be in the
City’s best interest; and authorize the appropriate officials to execute
same. (consent)
13.2
Page 4 City of Clearwater Printed on 11/2/2015
November 2, 2015Council Work Session Work Session Agenda
Award a contract (Purchase Order) in the amount of $514,395.00 to Don
Reid Ford, Inc. of Orlando, FL for the purchase of sixteen 2016 Ford
Police Interceptor Utility Vehicles and one Ford Police Interceptor Sedan
for Police Department’s Replacement Vehicles, in accordance with the
Florida Sheriff’s Contract 15-23-0904, 2.564(1)(d), Code of
Ordinances-Other Governmental Bid; authorize lease purchase under
the City’s Master Lease Purchase Agreement, or internal financing via
an interfund loan from the Capital Improvement Fund, whichever is
deemed to be in the City’s best interest; and authorize the appropriate
officials to execute same. (consent)
13.3
Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial
Tire of Clearwater, FL for an amount not to exceed $550,000 for the
purchase of Goodyear tires for city-motorized equipment for the period
of September 1, 2015 through August 31, 2016, increase current
Contract (BPO510791) in the amount of $60,000, and authorize the
appropriate officials to execute same. (consent)
13.4
14. Official Records and Legislative Services
Approve 2016 City Council Meeting Schedule. (consent)14.1
Appoint two members to the Municipal Code Enforcement Board with
terms to expire October 31, 2018.
14.2
15. Legal
Adopt Ordinance 8771-15 on second reading, annexing certain real
properties whose post office addresses are 2147, 2167 and 2173
Burnice Drive and 2118 Pleasant Parkway into the corporate limits of
the city and redefining the boundary lines of the city to include said
addition.
15.1
Adopt Ordinance 8772-15 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 properties whose post office addresses are
2147, 2167 and 2173 Burnice Drive and 2118 Pleasant Parkway, upon
annexation into the City of Clearwater as Residential Low (RL).
15.2
Adopt Ordinance 8773-15 on second reading, amending the Zoning
Atlas of the city by zoning certain real properties whose post office
addresses are 2147, 2167 and 2173 Burnice Drive and 2118 Pleasant
Parkway, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
15.3
Review Charter Review Committee’s recommended changes and
provide direction on proposed ordinances prior to public hearings of
ordinances.
15.4
Page 5 City of Clearwater Printed on 11/2/2015
November 2, 2015Council Work Session Work Session Agenda
16. City Manager Verbal Reports
17. City Attorney Verbal Reports
18. Council Discussion Item
Council Priorities Bucket List Items for 2015-2016 and 2016-2017 -
Councilmember Jonson
18.1
Discussion of salary increases for City Manager and City Attorney.18.2
19. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
20. Closing Comments by Mayor
21. Adjourn
22. Presentation(s) for Council Meeting
Nagano Teacher Exchange - Felicia Donnelly, Parks & Recreation22.1
Poppy Days Proclamation22.2
Suncoast Jazz Classic Weekend Proclamation - Joan Dragon,
Suncoast Jazz Classic Director
22.3
Hispanic Heritage Concert - Nio Encendio, Maxima 92.5 Program
Director
22.4
Clearwater Housing Authority22.5
Page 6 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1813
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Police Officer Oaths
SUMMARY:
Blitz, Stephanie
Chambers, Steven
Ryan Gibbs
Hennis, Justin
Milazzo, Matthew
Ramos, Meaghan
Sutton, Mary
Young, Jarrod
Zerby, Keaton
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1797
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Approve the liability claim of Jim Zimmerman for payment not to exceed $65,000.00 and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
On August 3, 2015, the claimant’s residence suffered a wastewater backup as a result of
heavy rain with system overcapacity and a malfunctioning backflow preventer causing a waste
water overflow into the claimant ’s home. The claimant ’s home suffered damages to personal
property as well as walls, flooring and furniture. Floor coverings, drywall, wall trim, etc must
be removed and replaced to repair the waste water damages. Repairs are underway.
The expenses will not exceed $65,000.
The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000 per
claim or $300,000 aggregate per incident. The City ’s Risk Management Division and the City ’s
Claims Committee recommend this settlement.
Funding for the payment of this settlement is available in the budget for claims expense in the
Central Insurance Fund.
APPROPRIATION CODE AND AMOUNT:
590-07000-545900-519-000 $65,000.00
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1833
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve the City of Belleair Bluffs Annual General Right of Way Permit for the period
November 1, 2015 through October 31, 2016 and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
This permit will allow Clearwater Gas System (CGS) to install and maintain our natural gas
mains and service lines within the right-of-way in the City of Belleair Bluffs. There is no fee
associated with the general permit.
The agreement outlines general terms and conditions for the construction standards of gas
infrastructure.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1832
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the contract between the City of Clearwater and Cigna Onsite Health, LLC to provide
onsite health clinic services to employees, family members, and retirees who are covered by
the City of Clearwater and the City of Dunedin health insurance plans, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Cigna Onsite Health was selected through a competitive RFP process. This process and the
ability to negotiate a contract for onsite services were approved by City Council on June 18,
2015.
The contract commences on November 2, 2015. Cigna Onsite will operate the Employee
Health Center and provide onsite medical and prescription drug services to include primary
care, health risk assessments, acute and urgent care, immunizations, injections, examinations
and screenings, prescriptions, pharmaceutical dispensing, disease management, primary care
case management, and wellness programs.
The City of Dunedin will continue to participate in the use of the Employee Health Center and
will pay 17% of the operating costs.
The contract has been reviewed by the City Attorney and the Finance/Risk Department to
insure compliance with insurance requirements.
APPROPRIATION CODE AND AMOUNT:
$1.8 million has been budgeted in the current budget for operating cost of the Employee
Health Center.
Page 1 City of Clearwater Printed on 11/2/2015
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PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and
between City of Clearwater with offices located at 100 South Myrtle Avenue, Clearwater, Florida
33756 (“Client), and Cigna Onsite Health, LLC, with offices located at 25500 North Norterra
Drive, Phoenix, Arizona 85085 (“Cigna”) and is made effective as of October 1, 2015. Client
and Cigna are sometimes referred to herein individually as a “Party" and collectively as the
“Parties.”
WHEREAS, Client wishes to offer one onsite health clinic for the benefit of Client’s employees
and their dependents; and
WHEREAS, Cigna is engaged in the business of offering onsite health clinics to employers, to
provide certain low acuity, urgent and episodic health care and ancillary services, for the benefit of
employees and their dependents; and
NOW THEREFORE, in consideration of the mutual promises herein and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
1. SERVICES
1.1. Commencing on November 2, 2015, and continuing throughout the term of this
Agreement, Cigna shall provide Client with a Cigna Onsite Health clinic (“Clinic”) providing:
a. primary care;
b. low acuity, urgent and episodic care; and
c. ancillary services;
for the benefit of Client’s eligible employees and their dependents (“Participants”) as
more specifically described in Schedule A, “Scope of Services” attached to this
Agreement (“Services”). Such clinical Services shall be provided by medical
professionals licensed in the State of Florida for the benefit of Participants entitled to
Services at the Clinic, in accordance with the Agreement and Schedule A, “Scope of
Services”.
1.2. Client shall provide or arrange for the provision of adequate facilities owned or leased by
Client to house the Clinic and for any necessary renovation or remodeling of such
facilities in order to accommodate the Clinic in accordance with Schedule A, “Scope of
Services”.
1.2.3. Client acknowledges that Cigna is separately entering into a contract with the City of
Dunedin for the provision of similar services to the City of Dunedin’s eligible participants
at the Clinic. Client agrees to allow the eligible participants of the City of Dunedin to
have the same access to the Clinic as the access available to Client’s Participants. The
City of Dunedin has agreed to pay seventeen percent (17%) of the total fees, costs and
charges under this Agreement. Cigna will bill Client for the total fees, costs and charges
due under this Agreement to Client. Client agrees to be solely responsible for paying
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100% of the total fees, cost and charges to Cigna, and will be responsible for collecting
the City of Dunedin’s 17% share directly from the City of Dunedin. Client agrees that if
the City of Dunedin’s Professional Services Agreement with Cigna terminates or if the
City of Dunedin fails to pay Client its 17% share, Client will remain liable to Cigna for
100% of the total fees, costs and charges due under this Agreement. This provision
does not apply to carve out charges that will be billed separately to Client and the City of
Dunedin for flu, radiology and laboratory services.
2. FEES AND OPERATING EXPENSES
2.1. Client shall reimburse Cigna for fees and operating expenses for Services provided
under this Agreement and the Schedule A, “Scope of Services”, in accordance with
Schedule B, “Fees,” attached to this Agreement.
3. TERM
3.1. The initial term of this Agreement (“Initial Term”) shall commence on the Effective Date
and continue for a period of thirty-six (36) months unless earlier terminated in
accordance with Section 6. below. After the Initial Term, the Agreement may be
renewed for subsequent twelve (12) month terms (each a “Renewal Term”) upon mutual
agreement in writing between the Parties.
4. NOTICES
4.1. All notices, demands, and other communications under the Agreement and all
amendments thereto shall be in writing to the appropriate address set forth below and
shall be deemed received on the date confirmed on: (1) the return receipt for certified
mail sent return receipt requested, via the USPS; or (2) the receipt for notices sent by a
reliable overnight courier:
a. If to Cigna:
Jeffrey Perry, PhD
Chief Operating Officer, Vice President
Cigna Onsite Health, LLC
Building B, Routing 647
25500 North Norterra Drive
Phoenix, Arizona 85085
(623) 277-2322
and
Karen R. Palmersheim, Esq.
Cigna Legal
400 North Brand Blvd.
Routing 383
Glendale, CA 91203
(818) 500-6497
b. If to Client:
Joseph P. Roseto, SPHR
City of Clearwater
Human Resources Director
100 South Myrtle Avenue
Clearwater, Florida 33756-5320
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4.2. Either Party may change the address for notification purposes upon prior and
reasonable written notice thereof to the other.
4.3. Invoices shall be sent to Client at the address provided above.
4.4. Payments to Cigna shall be sent to (or to such other individual as may be identified by
Cigna in accordance with this Section 4.4):
Deborah Coolidge
Cigna Onsite Health, LLC
Building B, Routing 647
85500 North Norterra Drive
Phoenix, Arizona 85085
5. PERFORMANCE OF SERVICES:
5.1. Cigna agrees to perform Services in a good, professional, and workmanlike manner,
using that degree of skill and care as would a prudent supplier performing similar
services under similar circumstances and in compliance with all applicable laws and
regulations.
5.2. Upon written notice from Client specifying, in Client’s good faith belief, the reasons that
any Cigna employee providing Services under this Agreement should be removed from
performance of such Services, including the facts necessary to validate such removal,
Cigna shall have a reasonable amount of time, not to exceed ten (10) calendar days, to
investigate the matter. Upon request of Client, and after initial inquiry by Cigna, if Cigna
determines that there is sufficient business rationale, Cigna shall remove the employee
from performing Services during such investigation. If Cigna deems it appropriate in its
discretion that such employee should be removed from providing Services hereunder for
non-discriminatory and otherwise legal reasons, Cigna shall immediately remove such
employee from providing Services under this Agreement and shall as soon as
practicable arrange for the provision of a substitue employee or other independent
contractor.
5.3. In addition, if Client asserts that such Clinic Staff person has engaged in misconduct as
defined by Client, Client agrees, where necessary, to cooperate with in conducting any
investigation or inquiry, and to provide documentation and testimonial support in event of
litigation concerning such misconduct.
5.4. Client acknowledges and agrees that the policies and procedures of Cigna as to pre-
employment testing, criminal background checks, Social Security Number and I-9
verification, performance management, disciplinary action and termination shall govern,
including any confidentiality requirements contained therein.
6. TERMINATION
6.1. This Agreement may be terminated as follows:
6.1.1. In the case of material breach of this Agreement, either Party may terminate this
Agreement at any time for cause upon sixty (60) days written notice to the other Party
specifying the manner in which that Party has materially breached its obligations.
[A04-09900 /174996/1] 4 of 30
The Agreement shall terminate automatically at the expiration of such sixty (60) day
period if that Party has not cured its breach within such period and demonstrated
such cure to the satisfaction of the non-breaching Party.
6.1.2. Either Party may immediately terminate this Agreement at any time during and
after the initial term upon insolvency or bankruptcy of the other Party.
6.1.3. During the Initial Term and any Renewal Term, either Party may terminate services
under this Agreement without cause, upon one hundred twenty (120) days’ prior
written notice to the other Party; provided, that, in the event Client terminates this
Agreement pursuant to this Section 6.1.3. Client shall pay to Cigna a “Termination
Fee” in an amount equal to fifty thousand dollars ($50,000) which reflects the
severance obligation owed by Cigna to the Clinic Staff pursuant to the employment
agreements of such Clinic Staff and/or Cigna policy. Client shall pay Cigna the
Termination Fee within thirty (30) days of receipt of an invoice from Cigna setting
forth such Termination Fee.
6.1.4. In the event of destruction of the Clinic by natural disaster, either Party by proper
notice issued in accordance with this Agreement may terminate this Agreement in
lieu of rebuilding the Clinic.
6.1.5. In the event that Client terminates this Agreement as set forth above, Client shall
be responsible in accordance with Schedule B for any unpaid balance for
Implementation Costs, as well as any Operational Expenses incurred prior to the
date of termination. In the event that this Agreement terminates as set forth
above, Cigna shall, at Client’s request, reimburse Client for the on-hand inventory
of medicine or other equipment and supplies taken by Cigna at that time, other
than Cigna-owned equipment identified in 13.2.3.
6.2. If this Agreement is terminated for any reason set forth in this Section 6, Client
acknowledges and agrees that:
6.2.1. All communication to Clinic Staff related to such termination (“Staff
Communication”), including but not limited to (i) the date of termination of the
Agreement and/or the related date of the closing of the Clinic or transfer of Clinic
operations to a third party vendor, and (ii) Clinic Staff employment status
notification, severance, and compensation shall come solely from Cigna as the
employer or contractor of Clinic Staff, and Client shall not make or cause to be
made any Staff Communication without the prior written consent of Cigna;
6.2.2. Tours of the Clinic facilities by potential third party vendors to assume Clinic
operations on behalf of Client (i) shall be conducted at times as mutually agreed
upon in writing by the Parties; (ii) shall be conducted in such a fashion as to
protect the confidentiality of patient information within the Clinic; and (iii) shall not
interfere with the provision of Clinical Services to Participants.
6.2.3. Client and Cigna agree (i) to act in good faith and cooperation to ensure a smooth
transition, and (ii) to mutually participate in final walk-through of the Clinic and sign
an acknowledgement agreeing to the condition of the facility and an inventory of
its contents and equipment.
6.2.4. Client and Cigna agree (i) that by sharing the Clinic and performance of services with
a second client or party, including the Electronic Health Record (EHR) platform
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containing protected health information (PHI) and medical records from participants of
both parties, and terminating the contract according to the terms outlined in this
section, Cigna agrees to extend the HIPAA security and privacy rules to the
terminating party’s PHI that remains in the Cigna EHR or maintained on the Cigna
network for as long as the Professional Services Agreement of the remaining party is
in force, including any renewal agreements; and (ii) the Client agrees that Client’s
Participants’ PHI and medical records will not be destroyed or returned to the Client
upon the termination of the Professional Services Agreement according to this section
as long as the second party sharing the Clinic and performance of services has a valid
and executable contract with Cigna. Cigna will maintain existing medical records and
participant PHI according to federal and state law while either Professional Services
Agreement remains in force and upon termination of the Agreement.
7. OWNERSHIP OF MATERIALS
7.1. Client acknowledges that in providing the services hereunder, Cigna may utilize
proprietary materials, reports, models, software, documentation, know-how and
processes owned by Cigna that were or are not created specifically by Cigna for Client
(“Cigna Materials”). Client acknowledges that ownership of and title to such Cigna
Materials remains with Cigna and is not transferred to Client.
8. CONFIDENTIAL INFORMATION
8.1. In the course of this Agreement one Party (“Receiving Party”) may receive from the other
Party (“Disclosing Party”) data, information, documents, and other material belonging to,
prepared by or for, or concerning the Disclosing Party (“Confidential Information”). For
purposes of this Agreement "Confidential Information" shall mean any and all technical
and business information that the Disclosing Party discloses or reveals to the Receiving
Party, including but not limited to services, plans, products, policies, financial
information; operational information, trade secrets, health care delivery processes and
methods, and technical information including computer software programs, and shall
include all summaries, extracts, copies, compilations, analyses, interpretations,
presentations, and other materials derived therefrom.
8.2. The term "Confidential Information" shall not include information which (i) at the time of
disclosure to the Receiving Party was publicly available or thereafter becomes publicly
available through no fault of the Receiving Party; (ii) is disclosed by the Disclosing Party
to a third party without a nondisclosure obligation; (iii) is already rightfully in the
Receiving Party’s possession or is rightfully received by the Receiving Party without a
nondisclosure obligation; (iv) is independently developed by the Receiving Party as
evidenced by independent documentation; or (v) is a public record pursuant to Chapter
119, Florida Statutes.
8.3. If at any time the Receiving Party is requested or required as a result of a judicial or
regulatory proceeding to disclose any Confidential Information, the Receiving Party
agrees to provide the Disclosing Party with prompt notice thereof so that the Disclosing
Party may seek an appropriate protective order. If the Receiving Party is required by law
to disclose Confidential Information or else stand liable for contempt or suffer other
censure, sanction or penalty, the Receiving Party may disclose such information to the
extent required without liability hereunder.
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8.4. The Receiving Party agrees that until such time as any such Confidential Information
becomes a part of the public domain without breach of this Agreement by the Receiving
Party or any agent or employee of the Receiving Party, and in any event for at least five
(5) years after termination of this Agreement, the Receiving Party shall:
8.4.1. treat and obligate the Receiving Party's employees, agents and representative
to treat as secret and confidential, all such Information whether or not it be
identified by the Disclosing Party as confidential;
8.4.2. not disclose any such Confidential Information to any person, firm, or
corporation or use it in any manner whatsoever without first obtaining the
Disclosing Party's written approval;
8.4.3. reveal the Confidential Information only to those employees, agents and
representatives of the Receiving Party who require access to such Confidential
Information in order to perform the Receiving Party’s obligations under this
Agreement; and
8.4.4. not employ the Confidential Information to Receiving Party's advantage, other
than as herein provided.
8.5. Neither Party shall disclose to the other any proprietary information obtained on a
confidential basis from any third party unless (1) the Party receiving such information
shall have first received written permission from such third party to disclose such
information or; (2) such information is in the public domain at the time of disclosure;
8.6. Neither Party shall attempt to access information not necessary for its performance
hereunder.
8.7 Notwithstanding the foregoing, the Parties recognize that Florida has a very broad public
records law, and Cigna agrees pursuant to Chapter 119, Florida Statutes, to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by Client in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that Client would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Client
all public records in possession of Cigna upon termination of the contract and destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to
Client in a format that is compatible with the information technology systems of Client.
(e) Cigna agrees to this provision 8.7 only on the understanding that this provision does
not apply to patient records and other information that Cigna may possess that is subject
to confidentiality pursuant to state and federal law, including but not limited to under the
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privacy and security regulations issued under the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191 (“HIPAA”), as set forth in 45 C.F.R. Parts
160 and 164, and as amended by the Health Information Technology for Economic and
Clinical Health Act (the “HITECH Act”), Public Law 111-5 (collectively, the “HIPAA
Privacy and Security Rules”), to Cigna's contracts with health care providers, vendors,
consultants, contractors and employees, or to Cigna's other proprietary, confidential or
trade secret records that are not considered public records by Cigna.
9. NON-SOLICITATION
9.1. During the term of this Agreement, and for a period of one (1) year after termination of
this Agreement for any reason, Client shall not directly or indirectly, alone or in concert
with others, solicit or entice any employee or independent contractor then engaged to
provide the Services hereunder, to leave the employment or engagement of Cigna in
order for Client or a vendor or agent engaged by Client to provide substantially similar
services as those provided in this Agreement.
10. LIMITATION OF LIABILITY
10.1. EXCEPT TO THE EXTENT THAT LIABILITY ARISES FROM INSTANCES OF EITHER
PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL
EITHER PARTY BE LIABLE UNDER THIS AGREEMENT (WHETHER IN AN ACTION
IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR
OTHERWISE) FOR LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF
DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, EVEN IF
THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THIS
PROVISION SHALL NOT BE CONSTRUED AS A WAIVER OF ANY IMMUNITY TO
WHICH CLIENT IS ENTITLED OR THE EXTENT OF ANY LIMITATION OF LIABILITY
PURSUANT TO § 768.28, FLORIDA STATUTES. FURTHERMORE, THIS PROVISION
IS NOT INTENDED TO NOR SHALL BE INTERPRETED AS LIMITING OR IN ANY
WAY AFFECTING ANY DEFENSE CLIENT MAY HAVE UNDER § 768.28, FLORIDA
STATUTES OR AS CONSENT TO BE SUED BY THIRD PARTIES.
11. INDEPENDENT CONTRACTORS
11.1. The Parties are independent contractors, and no Party is or shall represent itself as
having, and nothing in this Agreement shall be construed as creating between the
Parties, a relationship between the Parties as employer-employee, partners, principal-
agent, joint venturers, or any relationship other than that of independent Parties.
12. COMPLIANCE WITH LAWS AND REGULATIONS
12.1. Each Party shall comply with all applicable federal, state and municipal laws and
regulations related to their obligations under this Agreement.
12.2. Cigna shall secure any government or similar licenses and/or permits required for the
proper performance of the services.
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12.3. All Cigna employees performing Services hereunder shall work under Cigna’s
supervision. Client shall neither have nor exercise control or direction over the means
and methods by which Cigna shall perform services. Cigna agrees that Cigna and its
employees, representatives and other agents are not entitled to any Client employee
benefits and that they are not eligible to participate in Client employee benefit programs.
Cigna hereby indemnifies and agrees to defend and hold harmless Client from and
against all claims that Cigna’s employees are employees of Client for any purpose
whatsoever, including, without limitation, the withholding or payment of any federal,
state, or local income or employment taxes.
13. INSURANCE
13.1.Cigna will maintain at its own cost, all necessary insurance (which shall include as
a minimum, the requirements set forth below), for damages caused or contributed to, by
Cigna and insuring Cigna against third party claims arising out of or resulting from
activities or services performed by Cigna during the Term of this Agreement. Coverage
shall be obtained with a carrier having an AM Best Rating of A-VII or better.
Specifically Cigna must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an
occurrence basis, then coverage can be obtained on a claims-made basis with a
minimum two (2) year tail following the termination or expiration of this Agreement:
13.1.1. Statutory worker’s compensation in accordance with the laws of the State of
Florida. Coverage must be applicable to all employees.
13.1.2. Employer’s Liability insurance in the minimum amount of $100,000 (one
hundred thousand dollars) each employee each accident, $100,000 (one
hundred thousand dollars) each employee by disease and $500,000 (five
hundred thousand dollars) aggregate by disease with benefits afforded under
the laws of the State of Florida.
13.1.3. Commercial General Liability insurance insuring against claims for bodily
injury, property damage, completed operations and contractual liability with a
limit of One Million Dollars ($1,000,000.00) per occurrence and Two Million
Dollars ($2,000,000.00) in the annual aggregate.
13.1.4. Automobile liability insurance covering all vehicles owned, non-owned, hired
and leased only when utilized in the performance of Services under this
Agreement of not less than One Million Dollars ($1,000,000.00) per
occurrence.
13.1.5. Managed Care Errors and Omissions insurance in an amount of not less than
One Million Dollars ($1,000,000) per claim.
13.1.6. Medical Professional Liability insurance in the amount of One Million Dollars
($1,000,000) per occurrence, Three Million Dollars ($3,000,000) in the
aggregate.
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13.1.7 Cyber Liability insurance coverage in an amount adequate to meet or exceed
the notification and monitoring requirements under Florida Statute § 501.171
for the contracted services but at a limit not less than Two Million Dollars
($2,000,000) each claim.
13.1.8 Prior to the execution of this agreement and then annually upon the
anniversary date(s) of the insurance policy’s renewal date(s) for as long as
this Agreement remains in effect, Cigna will furnish Client with a Certificate(s)
of Insurance (using appropriate ACORD certificate, signed by the issuer, and
with applicable endorsements) evidencing all of the coverage set forth above
and naming the City of Clearwater as a blanket additional insured under the
Commercial General Liability and Automobile Liability policies.
13.2. Client agrees and acknowledges that:
13.2.1. Client is the owner or lessee of the Clinic facility;
13.2.2. Except as otherwise noted in this Section 13.2.3., Client is owner of all
furniture, medical and administrative supplies, medical equipment and other
contents of the Clinic (“Clinic Contents”) that Cigna or its Affiliate has
purchased or may during the Initial or any Renewal Term of this Agreement
purchase on behalf of Client, the cost of which is the responsibility of Client.
13.2.3. Cigna has purchased and shall be the owner of the following equipment
(“Cigna Equipment”), and Cigna shall be entitled to retain ownership and
possession of all such Cigna Equipment after expiration or termination of this
Agreement for whatever reason:
a) Computer CPUs
b) Monitors
c) Keyboards
d) Computer Mice
e) Laptops
f) VPN Token Keys
g) Air Cards
h) Scanners
i) Multi-Functional Printers
j) Access Boxes (Label Printer/Network Connectors)
k) Routers
13.3. During the term of this Agreement, Client will maintain at its own cost, all necessary
insurance (which shall include as a minimum, the requirements set forth below), for
damages caused or contributed to, by Client and insuring Client against third party
claims arising out of or resulting from activities or services performed by Client during
the Term of this Agreement:
13.3.1. Statutory worker’s compensation in accordance with applicable laws.
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13.3.2. Commercial General Liability, insurance insuring against claims for bodily
injury, property damage, completed operations and contractual liability with a
limit of One Million Dollars ($1,000,000.00) per occurrence and Two Million
Dollars ($2,000,000.00) in the annual aggregate.
13.3.3. Client shall maintain property insurance coverage for the clinic contents that
are owned by the Client, or that are in the Client’s care, custody and control.
The Client may also maintain other insurance it deems necessary relating to
the operations of the clinic.
14. RESTRICTED USE OF PROGRAM MATERIALS
14.1. All Cigna program materials, including handouts, presentations, and workbooks (collectively,
“Cigna Program Materials”), are the sole and exclusive property of Cigna. Any Cigna
Program Materials distributed to program Participants may be used solely for the purpose of
participating in the applicable Cigna program. Client shall not alter, republish, redistribute, record
or rebroadcast Cigna Program Materials, including posting on the internet, without Cigna's prior
written consent.
15. USE OF NAME AND TRADEMARKS; PUBLICITY
15.1. Client’s trademarks, service marks and trade names are the property of Client, and
Cigna agrees that it shall not use (directly or indirectly) or register any of Client’s
trademarks, service marks or trade names in connection with any products, services,
promotions or publications without Client’s prior written approval. Cigna shall not
remove or alter any trademark, service mark, trade name, copyright or other proprietary
notices, legends, symbols or labels appearing on or in materials delivered to Cigna by
Client without Client’s written approval. Cigna’s trademarks, service marks and trade
names are the property of Cigna, and Client agrees that it shall not use (directly or
indirectly) or register any of Cigna’s trademarks, service marks or trade names in
connection with any products, services, promotions or publications without Cigna’s prior
written approval. Client shall not remove or alter any trademark, service mark, trade
name, copyright or other proprietary notices, legends, symbols or labels appearing on or
in materials delivered to Client by Cigna without Cigna’s written approval.
15.2. Cigna shall not in the course of performance of this Agreement or thereafter use or
permit the use of Client’s or any Affiliate’s name(s) in any advertising or promotional
materials prepared by or on behalf of Cigna without the prior written consent of Client.
Client shall not in the course of performance of this Agreement or thereafter use or
permit the use of Cigna’s or any Affiliate’s name(s) in any advertising or promotional
materials prepared by or on behalf of Client without the prior written consent of Cigna.
Any public announcement regarding the Parties’ relationship and the nature of this
Agreement shall be coordinated between the Parties and shall be in a form agreed upon
by the Parties.
16. DISPUTE RESOLUTION
16.1. Negotiation. The Parties will attempt in good faith to resolve any controversy, dispute,
claim or question arising out of or in relation to this Agreement (hereinafter, collectively
“Controversy”) promptly by negotiation, provided that nothing herein shall be construed
to limit, modify or negate the rights and remedies expressly provided to the Parties
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elsewhere in this Agreement (including the right to terminate this Agreement for cause or
convenience). Resolution of whether any such actions are justified or permitted under
this Agreement and the determination of any related damages, however, remain subject
to this dispute resolution process.
16.2. Notice. The disputing Party shall give the other Party written notice of the Controversy
(“Controversy Notice”). Within twenty (20) days after receipt of the Controversy Notice,
the receiving Party shall submit to the other a written response. The Parties will meet
within thirty (30) days of the date of the Controversy Notice and thereafter as often as
they reasonably deem necessary to exchange relevant information and to attempt to
resolve the Controversy.
16.3. Mediation. If the Controversy has not been resolved by negotiation within forty-five (45)
days of the date of the Controversy Notice, or if the receiving Party fails to meet with the
disputing Party within thirty (30) days of the date of the Controversy Notice, either Party
may, upon written notice by one Party to the other, initiate mediation of the Controversy
in accordance with the Commercial Mediation Rules of the American Arbitration
Association, to the extent that such provisions are not inconsistent with the provisions of
this section.
16.4. Binding Arbitration. If the Controversy has not been resolved by mediation within thirty
(30) days of the appointment of the mediator, or if a mediator is not appointed within
thirty (30) days of the notice of mediation, upon written notice, either Party may elect to
submit the Controversy to binding arbitration conducted in Tampa, Florida or elsewhere
as agreed to by the Parties. The Parties agree and acknowledge that they are expressly
waiving their rights to have any Controversy decided in a court of law and/or equity
before a judge or jury, and instead are accepting the use of binding arbitration. Such
arbitration shall be governed by the provisions of the Commercial Arbitration Rules of the
American Arbitration Association, to the extent that such provisions are not inconsistent
with the provisions of this section.
16.5. Available Remedies. The arbitrator(s) may grant any remedy or relief deemed just and
equitable with the exception of punitive or exemplary damages. The decision of the
arbitrator, or a majority of the arbitration panel, shall be final and binding upon the
Parties with no right to appeal. Judgment may be entered upon the award of the
arbitrator(s) in any court of competent jurisdiction. Each Party shall assume its own
costs, but the compensation and expenses of the arbitrator(s) and any administrative
fees or costs associated with the arbitration proceeding shall be borne equally by each
Party.
16.6. Exclusive Remedy. This dispute resolution process shall be the sole and exclusive
means for resolving any Controversy, provided, however, that either Party may seek a
preliminary injunction, attachments or other provisional judicial relief if such action is
necessary to avoid irreparable damage or to preserve the status quo. Either Party may
also, at its sole discretion, choose to eliminate the stages of negotiation and/or mediation
by written notice to the other Party. Despite such action, the Parties will continue to
participate in good faith in this dispute resolution process.
16.7. Tolling. The initiation of this dispute resolution process shall toll the running of the statute
of limitations for any cause of action arising from the Controversy. All time limitations
contained in this section may be altered by mutual agreement of the Parties.
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17. ASSIGNMENT AND DELEGATION OF DUTIES
17.1. Neither Party may assign their duties, rights, or interests under this Agreement unless
the other Party shall so approve by written consent, provided however, that Cigna may
assign its duties, rights and interest under this Agreement in whole or in part to a
subsidiary or Affiliate or may delegate any and all of its duties in the ordinary course of
business to a subsidiary or Affiliate.
18. BINDING EFFECT
18.1. This Agreement shall inure to the benefit of and bind the respective successors and
assigns of the Parties hereto.
19. WAIVER
19.1. No delay or failure by either Party to exercise any right, power or remedy it has
hereunder shall operate as a waiver of such right, power or remedy. A waiver by any
Party of any breach shall not be construed to be a waiver of any succeeding breach.
20. TAXES
20.1. Client will be responsible for any applicable sales, use, or other like taxes (hereinafter,
“tax” or “taxes”) attributable to periods on or after the agreement date based upon or
measured by Cigna’s fees for performing or furnishing the services. To the extent Cigna
is required to collect such taxes under applicable law, Cigna will separately state the
amount of tax due on its invoices to Client.
20.2. Client and Cigna will cooperate to segregate the fees payable under this Agreement into
the following separate payment streams: (1) those for taxable services, (2) those for
nontaxable services, (3) those for which a sales, use or similar tax has already been
paid, and (4) those for which Cigna functions merely as a paying agent for Client in
receiving goods, supplies or services (including leasing and licensing arrangements) that
otherwise are nontaxable or have previously been subject to tax. In addition, Client and
Cigna will cooperate with each other to accurately determine each Party’s tax liability
and to minimize such liability to the extent legally permissible. Parties will provide and
make available to the other any resale certificates, information regarding out-of-state
sales or use of equipment, materials or services, and any other exemption certificates or
information reasonably requested by the other Party.
21. DISASTER RECOVERY AND BUSINESS CONTINUATION PLAN
21.1. Cigna covenants that it has, or will establish, contingency plans and procedures
designed to prevent, circumvent or cure the adverse effects of an interruption of the
Services to be provided to Client hereunder. Client shall be responsible for reimbursing
Cigna for the cost of implementing such contingency plans due to an interruption in
Services caused by acts or omissions of any third party, or acts of God, fires, wars,
accidents, labor disputes or shortages, and governmental laws, ordinances, rules or
regulations, whether valid or invalid.
22. APPLICABLE LAWS
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22.1. This Agreement shall be deemed to be entered into and shall be interpreted and
construed in accordance with the laws of the State of Florida without regard to any
conflicts of law principles, as if this Agreement were executed in and fully performed
within that State.
23. EXHIBITS
23.1. All exhibits and schedules referred to or attached to this Agreement and all appendices
thereto are integral parts of this Agreement as if fully set forth herein. All capitalized
terms used in such exhibits and schedules and all appendices thereto shall have the
same definition as in this Agreement, unless otherwise indicated in the exhibit, schedule
or appendix.
24. SURVIVING PROVISIONS
24.1. The terms of Sections 4, 7, 8, 9, 10, 15, 16, 20, 22, 24 and 26 shall survive and continue
after expiration or termination of this Agreement shall remain in effect until fulfilled, and
shall apply to any successors and assigns.
26. HEADINGS
26.1. The headings used herein are for reference only and shall not limit or control any term or
provision of this Agreement or the interpretation or construction thereof.
27. THIRD-PARTY BENEFICIARIES
27.1. Each Party intends that this Agreement shall not confer any rights or remedies upon any
entity other than the Parties and their authorized assignees.
28. ENTIRE AGREEMENT AND SEVERABILITY
28.1. This Agreement, including its Exhibits and Task Orders issued hereunder, constitutes
the entire contract between the Parties hereto with respect to its subject matter and
supersedes all other communications and understandings, whether written or oral,
relating to such subject matter. No change, amendment, or modification of this
Agreement shall be binding unless in writing and executed by the Parties hereto.
28.2. Notwithstanding the foregoing, the Parties agree that this Agreement may be amended
through use of a “Change Request Form,” a written statement signed by Client and Cigna
authorizing a Change, substantially in the form of Exhibit 1 – Change Request Form,
attached hereto. As used herein, "Change” means any and all changes to any the
Agreement, or to any Schedule, Appendix, Amendment or Addendum to this Agreement that
would materially alter the provision of the Services or the performance and completion
thereof, and/or the Client’s responsibility for payment and/or reimbursement of any fees or
expenses under this Agreement. All properly executed Change Request Forms shall be
incorporated into and become part of the Agreement.
28.3. If any provision of this Agreement is held by a court of competent jurisdiction to be
contrary to law, then the remaining provisions of this Agreement, if capable of substantial
performance, shall continue in effect.
29. INCORPORATION OF ATTACHMENTS
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29.1. All attachments attached hereto including all Schedules, Appendices and Exhibits are
incorporated herein by reference.
30. COUNTERPARTS AND CONSTRUCTION
31.1. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which together constitute one and the same instrument.
[Signature Page Immediately Follows]
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IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed in
duplicate and signed by their respective officers duly authorized to do so, on the dates indicated
below.
CITY OF CLEARWATER CIGNA ONSITE HEALTH, LLC
By:
_________________________________
By:
___________________________________
Name:
_________________________________
Name:
Jeffrey T. Perry, PhD_________________
Title:
_________________________________
Title:
Chief Operating Officer, Vice President
Date:
Date:
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EXHIBIT 1
CHANGE REQUEST FORM
Reference is made in the Professional Services Agreement by and between City of Clearwater
(“Client”) and Cigna Onsite Health, LLC (“Cigna”), effective October 1, 2015 (the “Agreement”).
This Change Request Form is referred to in Section 28 of said Agreement and shall be
governed by said Agreement. All capitalized terms herein shall have the same meaning as
ascribed to them in the Agreement, as amended, unless otherwise defined herein.
Client Information:
Date of Change
Request:
Account Number:
Client Name: Client Location:
Client Contact: Client Phone:
Cigna Onsite Health, LLC /Contact Information:
Contact / Title:
Phone:
Type of Change:
New Requirement Change Request Additional Service Other, please specify:
Change Description (attach supporting information if necessary):
Target Effective Date of Change:
Fee Estimate:
Payment Method:
Additional Comments:
Approved and Accepted:
CLIENT Cigna Onsite Health, LLC
Signed: Signed:
Name: Name:
Title: Title:
Date: Date:
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SCHEDULE A
SCOPE OF SERVICES
Reference is made to the Professional Services Agreement by and between City of Clearwater
and Cigna Onsite Health, LLC, effective October 1, 2015. Capitalized terms in this Schedule A
shall be as defined in the Agreement, unless otherwise indicated.
1. CLINIC LOCATIONS, COMMENCEMENT DATE, AND DAYS/HOURS OF
OPERATION
Cigna shall be responsible for providing Clinic Services at the following Clinic locations,
commencing on the date listed below (“Clinic Commencement Date”) and continuing throughout
the term of the Agreement, during the Days and Hours listed below.
Clinic Location
Clinic
Commencement
Date
Days and Hours of Operation
Powell Professional Center
401 Corbett Street, Ste. 240
Clearwater, FL 33756
November 2, 2015 Monday – Friday
7:00 a.m. – 5:00 p.m.
Days and Hours of Operation may be
changed from time to time, as
mutually agreed upon in writing
between the Parties. For purposes of
these changes, written electronic
communication shall be acceptable.
For each Clinic identified above, Client shall provide to Cigna for Cigna’s use in connection with
the Services, and at no charge to Cigna, Clinic space (the “Building” or “Buildings”), consisting
of adequate square footage as agreed to by the Parties, in compliance with all applicable state
and local laws and regulations (including but not limited to municipal fire and building codes).
The Clinic will be closed on inclement weather days as determined by the Client and in
accordance with the following Holiday schedule: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, and
Christmas Day.
2. ELIGIBLE PARTICIPANTS SERVED
a. Cigna shall provide Services to the following Participants eligible to receive Services:
i. Client’s full-time and part-time employees covered under the
Client’s benefit plan;
ii. Dependent spouses and children of Client employees age two (2) years and
older covered under the Client’s benefit plan;
iii. Client’s retired employees covered under the Client’s benefit plan;
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iv. Elected officials covered under the Client’s benefit plan; and
v. Former employees entitled to Services as Participants under the Consolidated
Omnibus Budget Reconciliation Act (COBRA).
b. Dependents under eighteen (18) years of age must be accompanied by a parent or
guardian when visiting the Clinic.
3. CLINIC PREMISES AND BUILD-OUT
a. Common Areas / Access
Cigna, its invitees and employees and Participants shall have the right, in common with
other occupants of the Building(s) and their invitees and employees, to use all stairways,
elevators, halls, toilets and sanitary facilities, and all other general common facilities
contained in the Building(s), and all sidewalks, delivery areas, parking facilities and other
appurtenances to the Building(s). At no additional cost or expense to Cigna, Cigna shall
have access to the Clinic(s) three hundred sixty-five (365) days a year, on a
twenty-four (24) hour a day basis.
b. Build-Out and Improvements by Client
At no cost to Cigna, Client shall, at its sole expense, provide or arrange for the provision
of adequate facilities to house the Clinic(s) as indicated in Section 1 a. above, and for
the construction, renovation, remodeling and/or improvement of such facilities in order to
accommodate effective and efficient operation of the Clinic(s), all of which shall be as
mutually agreed upon by the Parties (“Build-Out”). Client shall, at its sole expense,
perform all work and furnish all materials needed to complete the Build-Out of the
Clinic(s) in accordance with all applicable state and local laws and regulations, including
but not limited to municipal fire and building codes. Client shall be solely responsible for
securing, at its sole expense, all state and local permits and registrations necessary for
such Build-Out. Client shall conduct the Build-Out in a good and workmanlike manner in
accordance with all applicable laws and regulations.
Build-Out and improvements for the Clinic(s) shall be completed by Client on or before
October 15, 2015 Client acknowledges that Cigna's ability to meet the Clinic
Commentment Dates listed in this Schedule A are contingent upon Client completing the
Build-Out and Improvements.
c. Telephone and Computer System Connections
For each Clinic, Client shall furnish at Client’s sole cost and expense, a telephone
system, computer hook-ups, necessary for provision of the Services.
d. High Speed Internet Access
For each Clinic, Client shall ensure there are High Speed Internet services available to
the building and extended to the Clinic. If no internet service providers have services
established to the building or if services are not adequate to support the Clinic due to
stability issues, Client shall:
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i. be responsible for all costs associated with establishing service to the building
and installation of the line, including but not limited to trenching, wiring, materials
and labor charges; or
ii. provide connectivity to the Client network and supply two (2) Public IP
addresses.
e. IT Resources for Internet Troubleshooting
For each Clinic, Client and Cigna shall identify IT resources to work collaboratively to:
i. coordinate with the internet service provider to resolve connectivity issues at the
Clinic;
ii. acknowledge notice of the issue within one (1) hour; and
iii. and to be available within a three (3) hour timeframe after acknowledgment. If
Client IT resources are unable to provide IT assistance within the three (3) hour
timeframe, Client shall be responsible for travel costs incurred to resolve the
issue.
f. Additions and Improvements by Cigna
With written permission of Client, which shall not be unreasonably withheld or delayed,
Cigna may make alterations, additions and improvements (“Alterations”) upon the
Clinic(s) as desired, with the right to remove the same upon termination of the
Agreement, or any renewal or extension thereof; provided, however, that (i) as indicated
above, Cigna shall obtain written approval from Client of the Alterations to be made and
written approval of the added costs to Client; and (ii) the Clinic(s) must be left in as good
a state as when received, reasonable wear and tear and damage by fire or other
casualty excepted. Failure to remove such Alterations shall not be deemed a renewal or
extension under the terms of the Agreement, but shall be deemed an abandonment of
such Alterations, and Cigna shall incur no costs for the removal thereof. In addition, any
installation of special equipment requiring exceptional electric service or exceeding the
live load rating shall be subject to Client written approval, which shall not be
unreasonably withheld or delayed.
g. Signage
For each Clinic, Client shall install, affix and maintain, at its sole expense, signage at the
entrance to the Building and the Clinic in a mutually agreed form and which at a
minimum shall contain the name of the Clinic, as the Parties may mutually agree, the
Clinic telephone number, and the hours of operation. Any and all signs shall conform to
all applicable regulations and governmental requirements. Client shall at its sole
expense remove any signs placed on or about the Clinic upon the termination of this
Agreement or any extensions thereof, and repair the effects of any such removal.
h. Access Modifications
If modifications to the Clinic(s) are required in excess of standards imposed by
applicable law and regulations, and Client is unwilling to make such modifications, then
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Cigna, at its sole expense, shall have the right (but not the obligation) to make such
modifications to the Clinic(s) as it deems necessary or desirable to permit access by any
employee or invitee with disabilities that restrict such person's ability to otherwise gain
access to the Clinic(s).
i. Client Obligations
As to each Clinic, Client agrees, at its sole cost and expense, to:
i. operate the heating and cooling equipment in the Building to maintain the Clinic
between 65o F. and 75o F, 24 hours per day, 365 days per year;
ii. provide clinic cleaning and janitorial services each day the clinic is open that
meet exposure control requirements of Occupational Safety and Health
Regulations for toxic and hazardous material. Such cleaning and waste removal
must be adequate to minimize or eliminate risk to Clinic Staff and Participants
from blood borne pathogens;
iii. provide pest control and extermination service to a level consistent with that
found in other first-class buildings in the area, with a frequency of at least twice
per month;
iv. keep and maintain the Building, common facilities, common areas, parking area,
sidewalks and appurtenances in a first class condition;
v. adequately light the Clinic, and provide and replace lamps and related equipment
when necessary;
vi. provide hot and cold water in the Clinic and provide sanitary and toilet facilities
and supplies for use by Cigna, its employees and invitees, and Participants;
vii. furnish and provide the Clinic with connectivity for computer systems, including
high speed Internet access, and with electric current for lighting, normal office
use, heating, air conditioning;
viii. provide sufficient elevator service for access to the Clinic. At least one (1)
elevator shall operate during non-business hours, affording access to the Clinic
(if such Clinic is located other than on the ground floor);
ix. provide adequate security services for the Clinic, the Building and common areas
in and around the Building, including fire and burglar alarm devices and guard
protection. Client shall monitor the burglary alarm, motion and duress alarms and
temperature alarm and shall perform annual inspection and/or testing of the
smoke detectors and fire extinguishers in the Clinic and elsewhere in the
Building. Client shall also provide for the periodic maintenance and annual
inspection of the Building fire alarm system;
x. provide adequate parking spaces for Clinic Staff at no charge to Cigna or the
Clinic Staff (as defined herein).
j. Repairs and Maintenance
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As to each Clinic, Cigna shall maintain the Clinic in an attractive and neat condition and
shall not permit or allow any waste to any portion of the Clinic. Client or its agents and
employees shall have the right to enter the Clinic purpose of making repairs necessary
for the preservation of the Clinic or Cigna's property maintained therein. Client shall
make a reasonable effort to affect such repairs with a minimum of interference to Cigna,
and, when practicable, all work shall be done after business hours.
k. Reimbursements Related to Clinic Premises
Client shall reimburse Cigna, its Affiliates and parent companies for any loss, damage or
expense paid by Cigna or its Affiliates or parent companies, related to death or personal
injury results or arises from hazards related to the Building(s) or the Clinic(s) that are the
responsibility of the Client, including by way of example and not by way of limitation,
claims for personal injuries related to the presence of asbestos, mold or other hazards.
4. CLINIC STAFF
a. All clinical and administrative staff shall be employed by or independent contractors of
Cigna or its Affiliates or parent companies. Cigna shall determine in its sole discretion,
whether such staff must be independently contracted in order to comply with applicable
state law.
b. Cigna shall arrange for the following staff to provide Clinic Services (“Clinic Staff”) at the
Clinic location indicated:
Clinic Location Clinic Staff
Powell Professional Center
401 Corbett Street, Ste. 240
Clearwater, FL 33756
One (1) Full-Time Physician
One (1) Full-Time Advanced Practice Registered
Nurse (“Mid-Level Practitioner”)
One (1) Full-Time Registered Nurse providing
integrated health consultation
Two (2) Full-Time Medical Assistants
One (1) Full-Time Medical Administrative
Assistant
Full-Time is defined as regularly working a forty
(40) hour week.
5. CLINIC STAFF PAID TIME OFF AND LEAVE
a. Client acknowledges and agrees that in addition to Cigna Holidays as defined in Section
1. of this Schedule A. and time off purchased by the Clinic Staff, the Clinic Staff
employed by Cigna shall be entitled to paid time off (PTO) and other leave (“Leave”) in
accordance with Cigna's standard policies and procedures (“Policies”) applicable to all
employees of Cigna and its Affiliates in the same job grade or band as the Clinic Staff.
PTO shall include:
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(i). vacation days;
(ii). personal days;
(iii). sick days; and
(iv). other leave in accordance with current Cigna Policies.
Leave shall include:
(i). military leave;
(ii). Family Medical Leave (FMLA);
(iii). disability leave; and
(iv). other leave in accordance with applicable law and current Cigna Policies.
b. A Mid-Level Practitioner is also entitled to time for Continuing Medical Education
(“CME”) up to five (5) days per year.
c. Each year, Cigna will notify the Client with the total number PTO days and purchased
days off to which the Clinic Staff is entitled that year. The number of Leave days cannot
be determined in advance of the event requiring Leave; however, Cigna shall notify
Client as soon as practicable in advance in the event Clinic Staff goes on Leave.
d. In the event Clinic Staff is not on duty due to time off for which Clinic Staff is eligible as
outlined in this Section 5 of this Schedule A. to the Agreement, the Clinic will be closed,
unless otherwise arranged in accordance with Section 3.b. of Schedule B. to the
Agreement. Cigna shall notify Client as soon as practicable in advance if the Clinic will
be closed due to time off other than scheduled Holidays.
e. For Clinic Staff not employed by Cigna, i.e., independent contractors, the number of
days of PTO shall be as defined in the contract between Cigna and the Clinic Staff
person, and shall be provided to Client upon request.
f. Cigna shall provide a copy of Policies to Client upon request, and shall notify Client of
any change in such Policies.
6. CLINICAL SERVICES
Cigna shall provide Services in accordance with Cigna policies and procedures, and in
accordance with such policies and procedures of Client that are mutually agreed upon in
writing by the Parties. All Services provided shall be within the scope of the licensure
and practice of the health professional(s) employed or retained by Cigna, and further
shall be provided in accordance with all applicable federal and state laws and
regulations. At each Clinic, Cigna shall provide or arrange for the provision of the
following clinical services (“Clinical Services”):
a. Primary Care
i. Scheduled care, providing general health care services including ongoing medical
management of chronic conditions. These services will include minor office based
procedures, routine physicals, medical history and exam.
[A04-09900 /174996/1] 23 of 30
ii. Physicians will be able to be designated by Participants as their primary care
physician.
b. Low Acuity Urgent Care/Episodic Care
i. Examples include sprains and strains, sore throats, ear infections, urinary tract
infections and headaches. Acute care visits include sufficient scheduled time to allow
clinician to perform a full history and exam, lifestyle risk assessments, health
promotion and preventive care discussion when needed and includes care
coordination referrals and community physician referrals as appropriate.
c. Monitoring Chronic Conditions
i. Ensure that Participants with chronic medical conditions have appropriate community
physician relationships and collaborate with physicians as needed; refer Participants
to appropriate Client telephonic and online wellness programs, and encourages
healthy lifestyles that address the chronic condition.
d. Preventative Health Screenings and Immunizations
i. Pre-employment and annual physical examinations with extended testing
capabilities. The Client’s requirements for these services will be mutually agreed
upon in writing by the Parties.
ii. Annual flu vaccinations for eligible Participants ages nine (9) years through sixty-
four (64) years; Hepatitis B series; Tetanus and Pertusis (TDAP); Tetanus (Td);
Tuberculosis (PPD); and Pneumovax. Cigna shall invoice Client directly for
immunization costs incurred by Client’s eligible Participants.
iii. Follow-up allergy injections. An initial allergy injection must be given by the
Participants allergist.
iv. Pediatric vaccinations are excluded.
v. Pediatric physicals (including well-child exams and “checkups”) are excluded.
“Pediatric” is defined as services provided to employees’ eligible dependents who are
less than eighteen (18) years of age. Eligible dependent children under age 18 must be
accompanied by a parent or guardian to receive Services.
e. Biometric Screening
i. Provide scheduled screenings that may include but not limited to; Height, Weight,
BMI, Body Composition, Blood Pressure, Total Cholesterol, HDL Cholesterol, LDL
Cholesterol, Coronary Risk Ratio, Blood Glucose.
f. Laboratory Services
i. CLIA-waived (rapid test) laboratory testing on site;
[A04-09900 /174996/1] 24 of 30
ii. Blood draws, urine collection, and collection of other specimens ordered by Clinic’s
medical staff or community providers for pick up by contracted lab vendor. Results
delivered to ordering provider.
iii. Cigna shall invoice Client directly for Laboratory Services incurred by Client’s Eligible
Participants.
g. Personalized Coaching
i. Clinic Staff shall provide onsite health education to help support and facilitate the
Participants engagement with Client’ disease management program(s).
ii. Assess lifestyle risks and discuss health improvement and preventive care and
coordinate additional care if required.
h. Pharmacy
i. Limited quantity and formulary pre-packaged physician prescription dispensing.
ii. Written prescriptions by Mid-Level Practitioner, as allowed by law.
i. Radiology Services
a. Cigna shall arrange for the provision for radiology services (“Radiology Services”)
through a local radiology provider participating in the provider network of Cigna’s
parent company or affiliate and located near the Clinic. Digital radiology
equipment will not be located at the Clinic.
b. Radiology Services include Flat Plate, Ultrasound, and CT capabilities to be
conducted by a licensed radiologist.
c. Cigna shall invoice Client directly for Radiology Services based on referrals
provided to Participants by Clinic Staff only.
d. Other radiology referrals, such as referrals for MRIs or other radiologic studies,
and any referrals provided by non-Clinic Staff are not considered Clinic Services
under this Agreement and must be submitted to the health benefit plan and are
subject prior authorization review.
j. Management
i. Daily management of all clinic and administrative activities including but not limited to
operations and personnel.
7. OPERATIONAL ASSUMPTIONS
a. Cigna will use third party vendors contracted with Cigna, its parent companies or
Affiliates, for supplies and equipment whenever possible and financially beneficial to do
so.
b. No material changes to this Scope of Services shall be effective without the prior written
consent of the Parties in accordance with the Agreement.
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c. Cigna will ensure that its medical, professional and paraprofessional staff receive all
necessary and requisite statutorily mandated in-service, annual or proficiency training,
and other such professional or paraprofessional education and training programs
needed to ensure current proficiency in the professional or paraprofessional’s particular
health care discipline or specialty.
8. REPORTING
a. Report Delivery
Cigna will arrange for the production and delivery of quarterly and annual reports
(“Reports”) to Client in accordance with Cigna’s standard reporting package and
capabilities. Such Reports shall include the following:
i. Quarterly Reports:
a) Clinical
b) Operations
c) Medical Cost Savings and ROI
d) Productivity
e) Referral
ii. Monthly Key Performance Indicators Dashboard
The delivery timeframes, format, method and quantities for each Report shall be as
mutually agreed upon in writing between the Parties.
b. Report Privacy
Any and all Reports provided by Cigna or the Clinic(s) to Client or its designees
concerning the Services shall be in aggregate, de-identified form, unless otherwise
permissible in compliance with applicable federal and state privacy laws and regulations,
including but not limited to the Privacy and Security Rules of the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, as
amended by the Health Information Technology for Economic and Clinical Health
(HITECH) Act.
c. Ad Hoc Reports
Cigna will produce and deliver ad hoc reports in such formats and timeframes as is
mutually agreed upon in writing between the Parties, provided that Cigna may assess
additional fees for any ad-hoc reports (or time required for specification and
development of such ad hoc reports) that have a material impact on the Fees paid by
Client to Cigna under Schedule B of the Agreement. Cigna will estimate any such
additional fees for pre-approval by Client.
9. ADDITIONAL SERVICES
a. Client may from time to time during the term of the Agreement request that Cigna
perform an additional service not covered under this Schedule A (“Additional Service”).
[A04-09900 /174996/1] 26 of 30
Upon receipt of such a request, Cigna shall submit a written proposal to Client for such
Additional Service which shall include:
i. A description of the services, functions, and responsibilities Cigna anticipates
performing in connection with such Additional Service;
ii. A schedule for commencing and completing such Additional Service;
iii. Cigna’s prospective charges for such Additional Service, including a detailed
breakdown of such charges;
iv. A description of the human resources necessary to provide the Additional
Service.
b. Cigna shall not begin performing any Additional Service until Client and Cigna have
entered into a mutually agreed upon written amendment to the Agreement governing
such Additional Service.
[A04-09900 /174996/1] 27 of 30
SCHEDULE B
FEES
PAYMENT TO CIGNA
Reference is made to the Professional Services Agreement by and between City of Clearwater
and Cigna Onsite Health, LLC, effective October 1, 2015. Capitalized terms in this Schedule B
shall be as defined in the Agreement, unless otherwise indicated.
1. Operating Budget
a. Cigna will use the attached Operating Budget (Appendix 1) as the projected budget for
Total Operational Expenses (Salaries and Benefits, Supplies, Other Direct Expenses,
and Systems Expenses), Infrastructure Costs, estimated Implementation Costs and
Management Fees related to the Clinic Services for the Initial Term. The Operating
Budget may be modified based on any change in the Clinic Commencement Date, delay
in the required Build-Out, or modification of services requested by the Client, as mutually
agreed upon by the Client and the Cigna. Cigna shall use its best efforts to manage all
Total Operational Expenses to those amounts listed in the Operating Budget. Client
acknowledges that said Operating Budget constitutes Cigna's good faith projection of
anticipated operating costs and expenses for the Clinics. Client understands and
acknowledges that the Operating Budget may change, based upon the volume of
Participants seen at the Clinics and other factors.
b. Sixty (60) days prior to the expiration of the Initial Term of the Agreement, Cigna shall
present to Client a proposed Operating Budget for the Clinic for any Renewal Term, and
Client and Cigna shall mutually agree on such Operating Budget. Thereafter during any
Renewal Term of the Agreement, sixty (60) days prior to the expiration of the Renewal
Term, Cigna shall present to Client a proposed Operating Budget for the Clinic for the
upcoming Renewal Term, and Client and Cigna shall mutually agree on such Operating
Budget.
2. Audit
a. Client or its designee shall be entitled to audit, upon forth-five (45) days prior written
notice to Cigna, all documents and records related to Operational Expenses, with the
exception of certain administrative and medical supplies and equipment, as
identified by Cigna. Cigna shall not be required to provide to Client invoices or records
concerning such administrative and medical supplies and equipment costs, where
disclosure of pricing of such supplies and equipment is prohibited by confidentiality
provisions in the applicable agreement between the vendor and Cigna for the purchase
of such administrative and medical supplies and equipment.
b. Audits shall be limited to one every twelve (12) months, and shall be conducted during
normal business hours, at Cigna's offices at mutually agreeable locations. Client or its
designee and their representatives conducting such audit shall be required to sign a
confidentiality agreement as mutually agreed upon by the Parties. Such audits shall not
include disclosure of Protected Health Information (PHI) as defined in the Privacy Rule
of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
[A04-09900 /174996/1] 28 of 30
3. Adjustment to Operating Budget Baselines
a. In the event that Client requests additional clinical and/or administrative personnel to
provide the Services at the Clinic, the cost of which will exceed the staffing baselines set
forth in the Operating Budget (Appendix 1), Client shall pay to Cigna, in addition to all
Management Fees and Operational Expenses required in this Schedule B, an amount
equal to the additional staffing compensation incurred in connection with the additional
Services (“Additional Resource Charges”).
b. If a Mid-Level Practitioner is on PTO or Leave, is ill or otherwise not available to provide
Services (“Vacancy”), Cigna will inform Client of such Vacancy, and will determine in
consultation with Client if the position needs to be temporarily staffed. In the event that
Client elects to have such position filled on a temporary basis, Client shall so notify
Cigna in writing. Client shall be responsible for all additional payment for staffing such
Vacancies. Cigna shall use best efforts to manage the temporary labor utilized to fill
Vacancies. Additional staff shall be of equal or higher degree of professional or
paraprofessional designation as compared to Clinic Staff that are unavailable.
c. Client shall not be responsible for payment of any PTO or Leave for any Clinic Staff who
are independent contractors and not employees of Cigna. Client will only be responsible
for payment of PTO and Leave relating to any of Clinic Staff who are employed by
Cigna, as they are listed in Schedule A, Scope of Services. Client’s responsibility for
payment of such PTO and Leave is included under the “Salary & Benefits” component
listed in the applicable Operating Budget (Appendix 1).
4. Operating Expense Report
On a quarterly basis, Cigna will provide Client with an Operating Expense Report for the
preceding quarter. Cigna shall issue the Operating Expense Report to a mutually agreed
upon contact for Client. Such Operating Expense Report shall include the following from the
Total Operational Expenses (Salaries and Benefits, Supplies, Other G&A, Systems
Expenses) from the Operating Budget (Appendix 1).
5. Payment
a. Client shall pay and reimburse Cigna for the following as listed in the Operating Budget
(Appendix 1):
i. Total Operational Expenses (Salaries and Benefits, Supplies, Other Direct
Expenses, Systems Expenses);
ii. Infrastructure Costs;
iii. Implementation Costs; and
iv. Management Fees.
b. In addition, Client shall reimburse Cigna for Additional Resource Charges incurred under
this Scope of Services.
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c. On or before the 20th day of each month, Cigna will issue to Client an invoice for Fees,
Operational Expenses, Implementation Costs and Additional Resource Charges
(collectively, “Clinic Fees”) due and owing for Clinic Services performed during the
preceding month (each “Billing Period”). Client shall pay Cigna within thirty (30) days of
receipt of an invoice for Clinic Fees.
d. Notwithstanding the above, Cigna shall invoice City of Dunedin directly for expenses
incurred by it’s Eligible Participants for Laboratory Services; Flu immunizations; and
Radiology Services as described in under “Clinic Services” in Schedule A. City of
Dunedin shall pay and reimburse Cigna directly for such invoices.
6. Records
Cigna shall maintain such books, records and documents to reflect the expenditures of
all funds under the Agreement and all Schedules and Appendices thereto, in accordance
with generally accepted accounting principles. Cigna shall prepare and provide Client
with copies of an annual invoice summary statement and such other reports as the
Client and Cigna may mutually agree upon in writing.
[A04-09900 /174996/1] 30 of 30
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1809
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve contract (blanket purchase order) for electrical services to MCS of Tampa, Inc., in the
annual amount of $150,000 (Invitation to Bid 59-15), and two one-year renewal terms at the
City's option, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Staff is requesting a blanket purchase order be issued to MCS of Tampa, Inc. to provide labor
and materials for electrical services on an as needed basis for Fiscal Year 2015/16.
The Parks and Recreation Department manages numerous Capital and Maintenance projects
that require the services of a Certified Electrical Contractor. To be responsive to the many
deadlines and needs throughout the year staff has determined that having a BPO for an
electrical contractor is helpful.
Invitation to Bid 59-15 was issued on August 28, 2015, with site visits for the two initial
projects held on September 10, 2015 - Pier 60 Park Renovations and Papaya Street Plaza
Project. On October 6, 2015, three bids were received. This bid includes hourly labor costs
as well as a set markup for project materials. MCS of Tampa is the lowest responsive bidder.
The City has used Blanket Purchase Orders in the past for electrical services and they have
proven to be very helpful in responding to the various needs ranging from lighting on ballfields,
wiring scoreboards, low voltage for irrigation systems, security lights, etc.
APPROPRIATION CODE AND AMOUNT:
Funding for the Blanket Purchase Order will come from various Operating cost centers as well
as various Capital Improvement Projects.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1810
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Approve a contract (blanket purchase order) for special event rental equipment to Elite Event
and Rentals, in the annual amount of $75,000 (Invitation to Bid 68-15), and two one-year
renewal terms at the City's option, and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
Staff is requesting a blanket purchase order be issued to Elite Event and Rentals to provide
rental equipment for various special events, ground breaking and ribbon cutting ceremonies
conducted by the City for Fiscal Year 2015/16.
Elite will provide rental equipment, complete set-up and breakdown services, and the
personnel required to complete the services for a wide variety of both indoor and outdoor
events for the City of Clearwater or for selected city-partnered events. Equipment includes
chairs, tents, tables, fans, red carpet and podiums.
Elite has previously provided these services for the City and has an exceptional record of
performance and responsiveness to city needs. Elite is familiar with all rules, regulations and
standards required by the City of Clearwater.
APPROPRIATION CODE AND AMOUNT:
Funding for the Blanket Purchase Order will come from various cost centers however the
majority will come from the Special Events code 0181-99865 and Special Events code
0010-01804.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1811
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.3
SUBJECT/RECOMMENDATION:
Approve a Partnership and Funding Agreement (agreement) between the City of Clearwater
and the Tampa Bay Veterans Alliance (TBVA) for the purpose of funding and constructing a
Veterans War Memorial at Crest Lake Park and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
On January 16, 2014, the City Council approved a Memorandum of Understanding (MOU)
between the City of Clearwater and TBVA for the purpose of formalizing the intent of the
parties relating to the responsibilities and obligations regarding the funding, fundraising,
design, site selection, construction, installation and maintenance of the proposed Veterans
War Memorial at Crest Lake Park.
On July 16, 2015 the City Council approved establishing a Capital Improvement Project
entitled Crest Lake Park Veteran’s War Memorial (CIP 315-93647) for the construction of
Phase I of a war memorial in accordance with a MOU between the City and the TBVA.
Approved funding for Phase I came from $250,000 from general fund reserves and $150,000
of funds raised by TBVA which were in escrow for the project.
This agreement is needed to formalize the partnership and funding for the Veterans War
Memorial between the City and TBVA and replaces the MOU approved on January 16, 2014.
The first phase of construction will consist of a memorial plaza constructed of pavers or
concrete with some half-walls, of approved height and length, to feature veteran and donor
recognition plaques, landscaping, American flag and military service flags, 15 to 20 space
parking lot and pedestrian walkways to the memorial. City staff will act as project manager
and coordinate the design, permitting and construction with input from TBVA.
The agreement addresses the City and TBVA responsibilities regarding Phase II (construction
of memorial sculptures and plaques and additional donor walls) in the following way.
TBVA is responsible to raise a total of $500,000
TBVA must raise funds two years from the date of this agreement
If funds are not raised within the appropriate time frame the agreement is terminated and no
further obligation by the City.
If funds are raised within the appropriate deadline the City will match the $500,000. Staff
recommends that funding for the $500,000 match come from a reallocation of Penny for
Pinellas funds (Neighborhood Park Renovations), to be replenished from undesignated Penny
funds.
City will manage and construct the project with input from TBVA
Page 1 City of Clearwater Printed on 11/2/2015
File Number: ID#15-1811
This agreement allows for the completion of Phase I as a standalone project allowing the use
of the memorial in the park without the completion of Phase II.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1837
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.4
SUBJECT/RECOMMENDATION:
Approve a three-year Agreement between the American Red Cross and the City of Clearwater
to provide training in first aid care, emergency response, swim instruction and lifeguarding for
City employees and members of the public and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
The Parks and Recreation Department trains and employs recreation staff, lifeguards, swim
instructors, and first responders. Employees in these positions have a duty to provide care to
an injured or ill person until more advanced help, such as EMS, arrives.
The American Red Cross has a nationally recognized training curriculum in first aid care,
emergency response, swim instruction, and lifeguarding.
The department staff will train approximately 140 employees in first aid, 20 in emergency
medical response, 20 in swim trainer instruction, and 10 employees plus 60 members of the
public in lifeguard training. Learn to swim facility fees range from $200-$650 per swimming
pool.
Other organizations have nationally recognized curriculums in these programs but the
American Red Cross is an organization that is all encompassing. Trainers and instructors
need only one organization to certify in all curriculums.
Certificate fees cost $19-35 each. Books, instructional DVDs, and other materials vary in cost.
APPROPRIATION CODE AND AMOUNT:
The Recreation Programming Division ’s Operating Budget contains sufficient funds to cover
the costs (approximately $5,000 per year) associated with this Agreement.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1804
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.1
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 and Oak Grove Middle School for a
one-year period commencing July 1, 2015 through June 30, 2016, 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 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 three officers over the one-year period will be
$315,507. Total annual reimbursement from the School Board will be $54,859 for each
officer, for a total reimbursement of $164,577, reflecting a 4% increase in reimbursement to
the City for SRO services during the 2015/2016 contract period.
A first quarter budget amendment will transfer the difference of $150,930 from the Special
Law Enforcement Trust Fund (SLEF), special project 181-99331 to special project 181-99264,
School Resource Officers.
Sufficient funding will be available in special project 181-99264, School Resource Officers, for
total funding of $315,507.
The cost incurred by the Police Department is offset by the benefit of the program to the
community and the Police Department. 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 and Oak Grove Middle School since August 27, 2007.
The School Resource Officer agreement is available for review in the Office of Official
Records and Legislative Services.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will transfer the difference of $150,930 from the Special
Law Enforcement Trust Fund (SLEF), special project 181-99331 to special project 181-99264,
School Resource Officers.
Page 1 City of Clearwater Printed on 11/2/2015
File Number: ID#15-1804
Sufficient funding will be available in special project 181-99264, School Resource Officers, for
total funding of $315,507.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1808
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve acceptance of Florida Department of Transportation (FDOT) High Visibility
Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award in the amount of
$29,943.38 for police overtime and related fringe benefits and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
On July 7, 2015, Clearwater Police Department (CPD) was granted approval by the Resource
Management Committee to submit a grant application under the state HVE program to
continue its grant-funded pedestrian and bicycle safety project. The grant has been officially
awarded in the amount of $29,943.38 and CPD now seeks approval to accept it.
CPD has conducted two FDOT-funded comprehensive enforcement/education projects since
March 2014 aimed at changing the behavior of all who use Clearwater’s roadways -
pedestrians, bicyclists, and motorists. Due to the success of the previous projects, FDOT
would like to see Clearwater build upon what it has already accomplished.
CPD will again carefully select a pool of patrol officers/sergeants for this project who have
demonstrated a sincere interest and affinity for traffic, bicycle and pedestrian enforcement.
The details will be worked by this select group of officers, focusing on those areas with a high
volume of crashes compared to other parts of the city, have a high volume of pedestrian
traffic, or both.
A total of 41.25 details will tentatively be scheduled, with 5 details completed every 4 weeks.
Details will be five hours long with two officers per detail. The project period will commence
within 30 days of issuance of a purchase order by the grantor agency and will end on or
before May 30, 2016.
As with the previous grant, selected officers will receive specific training on traffic enforcement
and educational opportunities with the public prior to implementation of the project. CPD will
also work closely with FDOT during the project period to ensure accurate data collection and
to advise of any problems or successes that are accomplished.
CPD will continue to get the word out about the project through a variety of means. CPD’s
Public Information Officer (PIO) has done an outstanding job in working with local media
sources to promote project activities and to further spread the message about pedestrian and
Page 1 City of Clearwater Printed on 11/2/2015
File Number: ID#15-1808
bicycle safety and will continue to do so. The PIO will also update the public on the project by
way of the department’s Facebook page, which he successfully utilizes on a regular basis to
inform the public about project activities and successes.
There will be no direct adverse impact to the Police Department annual operating budget nor
is there a required match.
Special project number 181-99214, 2015 HVE Pedestrian and Bicycle Safety, will be
established to account for the grant expenditures.
APPROPRIATION CODE AND AMOUNT:
There will be no direct adverse impact to the Police Department annual operating budget nor
is there a required match. Special project number 181-99214, 2015 HVE Pedestrian and
Bicycle Safety, will be established to account for the grant expenditures.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1805
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Fire Department
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Award a contract (purchase order) to Fisher Scientific, Atlanta, Georgia, in an amount not to
exceed $734,400 for the purchase of self-contained breathing apparatus (SCBA), authorize
lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via
an inter-fund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s
best interest; in accordance with Sec. 2.564(1)(d), Code of Ordinances-Other governmental
bid, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The approved 2015 Capital Improvement Budget included funding for this purchase.
Capital Improvement Project (CIP) 91229, Replace and Upgrade Air Packs, provides for the
replacement, upgrade, and/or repair of self-contained breathing apparatus gear (SCBA) used
by firefighters. The gear selected, Scott Air-Pak X3, meets the latest edition (2013 Edition) for
NFPA compliant SCBA gear. The new gear replaces units first purchased in 1992 and
periodically upgraded to meet evolving standards. The gear currently meets the 2007 Edition
for SCBA gear. The manufacturer provides a 15-year warranty and the gear is compatible with
the department’s existing supply of air bottles.
The department plans to purchase 120 air packs in the coming weeks.
Funding will be partially reimbursed by Pinellas County, as the equipment will help serve any
unincorporated resident of the Clearwater Fire District. This purchase piggy-backs the
Orange County contract Y15-1142 effective September 22, 2015 through September 21,
2018.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 91229, Replace and Upgrade Air Packs, to
fund this contract.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/2/2015
Fire & Preparedness
813-789-9378
judy.hart@fishersci.com
FEID2392942737
Acct# 813459
QUOTATION
Person Quoted:Danny Jones Date:9/30/2015
Chief Steve Strong
Company Name:Clearwater Fire Rescue Phone:727-224-2244
Address:1716 Belcher Road E-Mail: danny.jones@myclearwater.com
City and State:Clearwater, Fl.
Quoted By:Judy Hart
FOB:Destination
813-789-9378-CELL
813-436-9898-FAX
QTY DESCRIPTION EACH TOTAL PRICE
120 Scott Air-Pak X3 w/CGA fitting 4,603.50$ 552,420.00$
Standard harness clips
4500 PSI
EZ Flo Regulator with Quick Connect
Dual EBSS
No airline option/No cylinders
Integrated PASS device
EZ-SCAPE PRO w/lightening hook
and descender and 50' T Safety Rope
250 AV3000 facepiece HT SurSeal w/bracket 201.40$ 50,350.00$
48-small, 140-medium, 62-large
200 Epic 3 Voice Amplifier 265.00$ 53,000.00$
110 Regulators - for individual issue 795.00$ 87,450.00$
2 Escape pak rope weaving fixture 39.97$ 79.94$
TOTAL 743,299.94$
SCBA TRADE-IN ALLOWANCE AND (9,000.00)$
PART INVENTORY
ORANGE COUNTY CONTRACT TOTAL 734,299.94$
Y15-1142 D Piggyback
danny.jones@myclearwater.com
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: DVA2004-00004A
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Provide direction regarding a request for termination of a Development Agreement between
25 Countryside West, LLC, (property owner), and the City of Clearwater as well as a
termination of the associated Declaration of Restrictive Covenants. (WSO)
SUMMARY:
The property is subject to rezoning and land use plan amendment (LUZ2004-08005) which
was contingent upon approval of Development Agreement DVA 2004-00004. LUZ2004-08005
changed the zoning of the property from Open Space/ Recreation (OS/R) to Medium Density
Residential (MDR) and land use from Residential/ Open Space (R/OS) to Residential Urban
(RU). The zoning and land use allows for 7.5 dwelling units an acre and as the subject
property is 44.2 acres, 331 units are allowable. The Development Agreement included
restrictions to the development of the property specifically allowing only 280 townhouse units .
The Development Agreement was amended twice through application DVA 2004-00004A. The
Development Agreement is in effect until May 30, 2016.
Subsequent to the rezoning, land use plan amendment, and development agreement being
approved, Flexible Standard Development application FLS 2005-08060 (Costa Verde) was
approved on February 21, 2006. However, this approval has since expired due to inactivity.
On October 1, 2015, the Development Review Committee (DRC) reviewed FLS2015-09020
(The Alexander), a proposed 330-unit attached dwelling (apartment) development that is 50
units more than what is permissible pursuant to the Development Agreement. Accordingly,
the applicant is requesting the termination of the Development Agreement as amended to
allow for this new development proposal to occur.
Terms of the Development Agreement as amended:
§Restricts development of the property to 280 units
§Restricts height to a maximum of 35 feet (two stories)
§Restricts the units to be townhomes
§Requires development to be in substantial conformance with the concept plan
§Requires specific landscape buffering and building setbacks
§Requires extension of the existing turn lane on Countryside Boulevard
§Requires extension of the existing turn lane on Enterprise Road
§Requires a utility easement to be granted to the City for constructed water lines
§Prohibits vehicular access to Laurelwood Drive
§Requires a six-foot high buffering fence along the east property line
§Restricts egress from property onto Enterprise Road to a right out movement
§Requires deed restrictions to be recorded for the property to generally describe the
development limitations of the Development Agreement
Page 1 City of Clearwater Printed on 11/2/2015
File Number: DVA2004-00004A
Revocation of a Development Agreement:
Pursuant to CDC Section 4-606.J., a Development Agreement may be revoked in the event
the City Council finds, on the basis of substantial competent evidence, that there has been a
failure to comply with the terms of the Development Agreement. There has been no activity on
the site since May of 2006 (other than the proposed FLS 2015-09020), and the only
aforementioned term of the Development Agreement that has been complied with is the
recording of the deed restrictions.
Page 2 City of Clearwater Printed on 11/2/2015
OFFRECBK15155PG27002714
2NDAMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT
AGREEMENT is dated 2006 effective as provided in Section 5 of this
Agreement and entered into between EXECUTIVE CORPORATION OF
CLEARWATER INC a Florida corporation OWNER and the CITY OF
CLEARWATER FLORIDA a political subdivision of the State of Florida acting through
its City Council COUNCIL the governing body thereof CITY
RECITALS
A Sections 163 3220 163 3243 Florida Statutes which set forth the
Florida Local Government Development Agreement Act ACT authorize the CITY to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City
B Under Section 163 3223 of the ACT the CITY has adopted Section 4 606
of the City of Clearwater Community Development Code CODE establishing
procedures and requirements to consider and enter into development agreements
C OWNER owns approximately 44 2 acres m o 1 of real property
PROPERTY in the corporate limits of the City more particularly described on Exhibit
A attached hereto and incorporated herein
D OWNER or its successor desires to develop the Property as a townhome
community consisting of not more than 280 units generally conforming to the concept
plan CONCEPT PLAN shown on Sheet 1 of 2 on Exhibit B attached hereto and
incorporated herein
E The PROPERTY currently has a land use designation of Recreation Open
Space and is zoned OS R
F In order to develop the PROPERTY consisting of 44 2 acres with up to 280
residential units OWNER has requested that the City place the following on the
PROPERTY i a land use designation of Residential Urban 7 5 units acre and ii a
zoning designation of MDR Medium Density Residential
G The CITY and OWNER have determined that it would be mutually beneficial
to enter into a development agreement governing the matters set forth herein and have
negotiated this AGREEMENT in accordance with the CODE and the ACT
H The CITY has found that the terms of and future development orders
associated with this AGREEMENT are consistent with the City Comprehensive Plan and
the CODE
I On May 31 2005 the CITY and the OWNER entered into a Development
Agreement which the parties wish to amend and restate in its entirety as set forth
below
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises the mutual covenants
contained herein and other good and valuable consideration the receipt and sufficiency
of which are hereby acknowledged the parties hereto intending to be legally bound and
in accordance with the ACT agree as follows
SECTION 1 RECITALS
AGREEMENT
The above recitals are true and correct and are a part of this
SECTION 2 INCORPORATION OF THE ACT This AGREEMENT is entered into in
compliance with and under the authority of the CODE and the ACT the terms of which as
of the date of this AGREEMENT are incorporated herein by this reference and made a part
of this AGREEMENT Words used in this AGREEMENT without definition that are defined in
the ACT shall have the same meaning in this AGREEMENT as in the ACT
SECTION 3 PROPERTY SUBJECT TO THIS AGREEMENT The PROPERTY is subject to this
AGREEMENT
SECTION 4 OWNERSHIP The PROPERTY is owned in fee simple by OWNER
SECTION 5 EFFECTIVE DATEDURATION OF THIS AGREEMENT
5 1 This AGREEMENT shall become effective as provided for by the ACT and shall be
contingent upon
5 1 1 Obtaining final approval and effectiveness of a land use designation of
Residential Urban and a zoning designation of MDR as requested on the PROPERTY
and
5 1 2 Conveyance by OWNER of the PROPERTY to Beazer Homes Corp a
Tennessee corporation or assigns
5 2 This AGREEMENT shall continue in effect until terminated as defined herein but for
a period not to exceed ten 10 years
SECTION 6 OBLIGATIONS UNDER THIS AGREEMENT
2
6 1 Obligations of the OWNER
6 1 1 The obligations under this AGREEMENT shall be binding on OWNER
its successors or assigns
6 1 2 At the time of development of the PROPERTY OWNER will submit
such applications and documentation as are required by law and shall comply with the
City s CODE applicable at the time of development review
6 1 3
PROPERTY
The following restrictions shall apply to development of the
6 1 3 1 The PROPERTY shall be developed substantially in
conformance with the CONCEPT PLAN The estimated population density and maximum
building intensity are shown on the CONCEPT PLAN The locations of the ponds and
roads shown on the CONCEPT PLAN are approximate and may change as a result of the
requirements of applicable regulatory agencies or other design considerations
6 1 3 2 Building height shall not exceed 35 feet two stories
6 1 3 3 The architectural style of the townhomes to be constructed
on the Property shall be substantially as shown on the renderings attached hereto as
Exhibit C
6 1 34 The landscape buffering for the westerly side of the Property
adjacent to existing residential development shall be substantially as described on
Sheet 2 of 2 on Exhibit B Building setbacks shall meet the requirements of the CODE
and may be located in whole or in part within the landscape buffer
6 1 3 5 The OWNER shall construct at its cost an extension of a turn
lane on Countryside Blvd as shown on the CONCEPT PLAN and shall post the security
therefor as required by CODE 34606 G 1 e
6 1 3 6 The OWNER shall grant i a utility easement for water service
five 5 feet on either side of the constructed water lines on the PROPERTY and ii
simultaneously with vacation by the CITY of that portion of the easement recorded in
O R Book 4223 Page 1502 of the Public Records of Pinellas County Florida a
replacement easement that relates to the remaining active wells operated by the CITY
on the Property
6 1 3 7 The project to be developed on the PROPERTY shall not have
vehicular access to Laurelwood Drive
6 1 3 8 On the west side of Enterprise Road the OWNER shall
extend north to the project entrance 400 feet the existing SB to WB right turn lane
at the Enterprise Road Countryside Blvd intersection all at the OWNER S cost
3
6 1 3 9 The OWNER shall buffer any residential structures located
opposite the entrance to the Tampa Bay Water property to the east with a six foot high
opaque fence so as to diminish any adverse impact of headlights of vehicles exiting the
Tampa Bay Water property
6 1 3 9 Egress from the PROPERTY onto Enterprise Road shall permit
only a right out movement Ingress into the PROPERTY from Enterprise Road shall
permit right in and left in movements
6 1 4 Prior to issuance of the first building permit for the PROPERTY
Owner shall record a deed restriction encumbering the PROPERTY which deed
restriction shall be approved as to form by the City Attorney which approval shall not be
unreasonably withheld and which will generally describe the development limitations of
this AGREEMENT The deed restriction shall be perpetual and may be amended or
terminated only with the consent of the CITY which consent shall not be unreasonably
withheld
6 2 Obligations of the City
6 2 1 Concurrent with the approval of this AGREEMENT the COUNCIL shall
promptly process amendments to the land use plan and zoning
designation for the PROPERTY as set forth in Recital F above all in
accordance with the CODE
62 2 City will approve site and construction plans for the PROPERTY that are
consistent with the Comprehensive Plan and the CONCEPT PLAN and
that meet the requirements of the CODE
62 3 The City shall consider the vacation of the easement recorded in O R
Book 4223 Page 1502 of the Public Records of Pinellas County
Florida
6 24 The final effectiveness of the redesignations referenced in Section
6 2 1 is subject to
6 2 5 1 The provisions of Chapter 125 and 163 Florida Statutes as they may
govern such amendments and
6 2 5 2 The expiration of any appeal periods or if an appeal is filed at the
conclusion of such appeal
SECTION 7 PUBLIC FACILITIES TO SERVICE DEVELOPMENT The following public
facilities are presently available to the PROPERTY from the sources indicated below
Development of the PROPERTY will be governed by the concurrency ordinance
provisions applicable at the time of development approval With respect to
4
transportation the concurrency provisions for the proposed development have been
met
7 1 Potable water from the CITY
7 2 Sewer service is currently provided by the CITY
7 3 Fire protection from the CITY
74 Drainage facilities for the parcel will be provided by OWNER
7 5 Reclaimed water from the CITY if available
7 6 Solid waste from the CITY
SECTION 8 REQUIRED LOCAL GOVERNMENT PERMITS The required local government
development permits for development of the PROPERTY include without limitation the
following
8 1 Site plan approval s and associated utility licenses access and right of way
utilization permits
8 2 Construction plan approval s
8 3 Building permit s and
84 Certificate s of occupancy
SECTION 9 CONSISTENCY The CITY finds that development of the PROPERTY
consistent with the terms of this AGREEMENT is consistent with the City Comprehensive
Plan
SECTION 10 TERMINATION
10 1 If OWNER S obligations set forth in this AGREEMENT are not followed in a timely
manner as determined by the City Manager after notice to OWNER and an opportunity
to be heard existing permits shall be administratively suspended and issuance of new
permits suspended until OWNER has fulfilled its obligations Failure timely to fulfill its
obligations may serve as a basis for termination of this AGREEMENT by the CITY at the
discretion of the CITY and after notice to OWNER and an opportunity for OWNER to be
heard
5
SECTION 11 OTHER TERMS AND CONDITIONS
11 1 Except in the case of termination until ten 10 years after the date of this
AGREEMENT the PROPERTY shall not be subject to downzoning unit density reduction or
intensity reduction unless the CITY has held a public hearing and determined
11 1 1 That substantial changes have occurred in pertinent conditions existing
at the time of approval of this AGREEMENT or
11 1 2 This AGREEMENT is based on substantially inaccurate information
provided by OWNER or
11 1 3 That the change is essential to the public health safety or welfare
SECTION 12 COMPLIANCE WITH LAw The failure of this AGREEMENT to address any
particular permit condition term or restriction shall not relieve OWNER from the
necessity of complying with the law governing such permitting requirements conditions
terms or restrictions
SECTION 13 NOTICES Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery by nationally
recognized overnight courier service such as Federal Express or by certified mail
return receipt requested addressed as follows copies as provided below shall be
required for proper notice to be given
If to OWNER Executive Corporation of Clearwater Inc
5260 South Landings Drive Ariel 704
Fort Myers FL 33919
With copy to Timothy A Johnson Jr Esquire
Johnson Pope Bokor Ruppel Burns LLP
911 Chestnut S1
Clearwater FL 33756
If to CITY City Council of City of Clearwater
c o City Manager
112 South Osceola Avenue
P O Box 4748
Clearwater FL 33756
Properly addressed postage prepaid notices or communications shall be deemed
delivered and received on the day of hand delivery the next business day after deposit
with an overnight courier service for next day delivery or on the third 3rd day following
deposit in the United States mail certified mail return receipt requested The parties
6
may change the addresses set forth above including the addition of a mortgagee to
receive copies of all notices by notice in accordance with this Section
SECTION 14 INTENTIONALLY OMITTED
SECTION 15 MINOR NON COMPLIANCE OWNER will not be deemed to have
failed to comply with the terms of this AGREEMENT in the event such noncompliance in
the judgment of the City Administrator reasonably exercised is a minor or
inconsequential nature
SECTION 16 COVENANT OF COOPERATION The parties shall cooperate with
and deal with each other in good faith and assist each other in the performance of the
provisions of this AGREEMENT and in achieving the completion of development of the
PROPERTY
SECTION 17 ApPROVALS Whenever an approval or consent is required under or
contemplated by this AGREEMENT such approval or consent shall not be unreasonably
withheld delayed or conditioned All such approvals and consents shall be requested
and granted in writing
SECTION 18 COMPLETION OF AGREEMENT Upon the completion of performance of
this AGREEMENT or its revocation or termination a statement evidencing such
completion revocation or termination shall be signed by the parties hereto and recorded
in the official records of the CITY
SECTION 19 ENTIRE AGREEMENT This AGREEMENT including any and all Exhibits
attached hereto all of which are a part of this AGREEMENT to the same extent as if such
Exhibits were set forth in full in the body of this AGREEMENT constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof
SECTION 20 CONSTRUCTION The titles captions and section numbers in this
AGREEMENT are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section subsection
or provision of this AGREEMENT Whenever the context requires or permits the singular
shall include the plural and plural shall include the singular and any reference in this
AGREEMENT to OWNER includes OWNER S successors or assigns This AGREEMENT was
the production of negotiations between representatives for the CITY and OWNER and the
language of the Agreement should be given its plain and ordinary meaning and should
not be construed against any party hereto If any term or provision of this AGREEMENT is
susceptible to more than one interpretation one or more of which render it valid and
enforceable and one or more of which would render it invalid or unenforceable such
term or provision shall be construed in a manner that would render it valid and
enforceable
SECTION 21 PARTIAL INVALIDITY If any term or provision of this AGREEMENT or
the application thereof to any person or circumstance is declared invalid or
7
unenforceable the remainder of this AGREEMENT including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable shall not
be affected thereby and shall with the remainder of this AGREEMENT continue unmodified
and in full force and effect Notwithstanding the foregoing if such responsibilities of any
party thereto to the extent that the purpose of this AGREEMENT or the benefits sought to
be received hereunder are frustrated such party shall have the right to terminate this
AGREEMENT upon fifteen 15 days notice to the other parties
SECTION 22 CODE AMENDMENTS Subsequently adopted ordinances and codes
of the CITY which are of general application not governing the development of land shall
be applicable to the PROPERTY and such modifications are specifically anticipated in
this AGREEMENT
SECTION 23 GOVERNING LAw This AGREEMENT shall be governed by and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state
SECTION 24 COUNTERPARTS This AGREEMENT may be executed in counterparts
all of which together shall continue one and the same instrument
Section 25 TERMINATION OF DEVELOPMENT AGREEMENT The Development
Agreement entered into by the parties on May 31 2005 is hereby terminated
IN WITNESS WHEREOF the parties have hereto executed this AGREEMENT the date
and year first above written
End of Substantive Provisions Signature Page to follow
8
WITNESSES
Countersigned
Frink V Hibbard
Mayor
Approved as to form
t U
Leslie K Dougall id
Assistant City Attorney
EXECUTIVE CORPORATION OF
CLEARWATER INC
a Florida c
B7 cZef
v S Lee Crouch
President
CITY OF CLEARWATER FLORIDA
By lS
illiam B Horne II
Attest
STATE OF FLORIDA
COUNTY
OF LEE
The foregoing instrument was acknowledged before me this t Cc
2006 by S Lee Crouch as President of EXECUTIVE CORPORATION OF
CLEARWATER INC a Floriduorporation on blihalf of the corporation who 0 is
personally known to me or who CiI produced L l as identification
I U
PArpj
GINGER BARKHAUSENMYCOMMISSIONDO 4662EXPIRESAJV
M Thru N
u ust 28 2009
o
lIry ubl Underwriters
k s tlc l O tV JCLvL3
9
STATE OF FLORIDA
CITY OF PINELLAS
The foregoing instrument was acknowledged before me this
I iu 2006 by Frank V Hibbard as Mayor of the City of Clearwater
Flori who fiSC is personally known to me or who D produced
identification
Notary Public
printName ANe NF IINI
y
I
Ofll
407 398153
DIANE E MANNI
MY COMMISSION 00526OJ3
EXPIRES Mar 6 2010
Ronda Notary Sarvica com
STATE OF FLORIDA
CITY OF PINELLAS
The foregoing instrument was acknowledged before me this
3c 2006 by William B Horne II City Manager of the City of
Clearw ter Florida who is personally known to me or who D produced
identification
z
Notary Public
Print Name Ci NC e H4VNI
yp
A
OFll
407 39Bl53
DIANE E MANNI
MY COMMISSION 00526033
EXPIRES Mar6 2010
Florida Notary Sevicecom
Exhibits
A Legal Description of Property
B Concept Plan
C Building Elevations
05 12 0607 58 Prvi
45403 108701
359033 v2 Beazer CountrysidelDevelopment Agreement Amended
10
Deleted 05 12 060453 PM
EXHIBIT A
LEGAL DESCRIPTION
A tract of land lying in Sections 30 and 31 Township 28 South Range 16 East City of ClearwaterPinellasCountyFloridaandbeingmoreparticularlydescribedasfollows
COMMENCE at the West 14 Comer of said Section 30 thence run South 0019 55 East along thewestlineofsaidSection30for44465feetthenceSouth8905513Eastfor5001feettothePOINTOFBEGINNINGthencecontinueSouth8905513Eastfor155845feettoapointonthewestlineofDunedinIndustrialParkasrecordedinPlatBook64Page76RecordsofPinellasCountyFloridathenceSouth000447Westfor93736feettothesouthwestcomerofsaidPlatthenceSouth8905513Eastalongthesouthlineofsaidplatfor24755feettoapointonthewesterlyrightofwaylineofEntexpriseRoadthence1661feetalongtesaidwesterlyrightofwaylineandthearcofacurvethatisconcavetothenortheasthavingaradiusof89500feetachordlengthof1661feetandachordbearingofSouth902720EaSttoapointofcompoundcurvaturewithacurvethatisalsoconcavetothenortheastthence26109feetalongthearcofsaidcurvehavingaradiusof33000feetachordlengthof25433feetandachordbearingofSouth3203910EasttoapointoftangencythenceSouth5501905Eastfor34577feettoapointofcurvatureofacurveofacurvethatisconcavetothesouthwestthence9609feetalongthearcofsaidcurvehavingaradiusof17000feetachordlengthof9482feetandachordbearingofSouth3900731EasttoapointoftangencythenceSouth2205556Eastfor14370feettoapointofcurvatureofacurvethatisconcavetothenortheastthence28662feetalongthearcofsaidcurvehavingaradiusof40500feetachordlengthof28068feetandachordbearingofSouth4301218Easttoapointofreversecurvaturewithacurvethatisconcavetothesouthwestthence10223feetalongthearcofsaidcurvehavingaradiusof25000feetachordlengthof10152feetandachordbearingofSouth5104554Easttoapointofcompoundcurvaturewithacurvethatisconcavetothewestthence4917feetalongthearcofsaidcurvehavingaradiusof3000feetachordlengthof4385andachordbearingofSouth605415WesttoapointoftangencythesamepointbeingonthenorthwesterlyrightofwaylineofCountrysideBoulevardthenceSouth5305132Westalongsaidrightofwaylinefor59243feettoapointofcurvatureofacurvethatisconcavetothesoutheastthence105947feetalongthearcofsaidcurvehavingaradiusof196000feetachordlengthof104662feetandachordbearingofSouth3802224WestthenceleavingsaidrightofwaylineNorth6700644Westfor16415feetthenceNorth1003036Westfor67431feetthenceNorth6205447Westfor11419feettoapointonthearcofacurvethatisconcavetothenorthwestthence9814feetalongthearcofsaidcurvehavingaradiusof49000feetachordlengthof9797feetandachordbearingofNorth2102058EastthenceSouth8505513Eastfor38297feetthenceNorth5301837Eastfor25400feetthenceNorth1000450Westfor22853feetthenceNorth3601514Eastfor11161feetthenceNorth1402828Westfor44410feetthenceNorth5801559Westfor44679feetthenceSouth7403452Westfor20675feettoapointonthearcofacurvethatisconcavetothesouthwestthence3709feetalongthearcofsaidcurvehavingaradiusof59000feetachordlengthof3708feetandachordbearingofNorth101311WestthenceNorth6201234Eastfor28857feetthenceNorth305927Westfor43105feetthenceNorth4400526Westfor44553feetthenceSouth7902845Westfor98307feetthenceNorth001955Westfor39361feettothePOINTOFBEGllINlNG
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1812
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Increase the current blanket purchase orders (contracts) for Inspection and Plan Review
Services, to a revised cumulative total annual amount for Inspection and Plan Review
Services, as required by the Planning and Development Department, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
On March 19, 2015, Council authorized a cumulative annual amount of $150,000 for
Inspection and Plan Review Services, to three vendors selected as a result of Invitation to Bid
06-14; Quorum Services, of Tampa, FL, Universal Engineering Sciences of Orlando, FL, and
PDCS, LLC of Orlando, FL. The Planning and Development Department requests an increase
of the current annual authorized amount and the two one-year renewal terms from $150,000
to $250,000 annually. This increase is necessary to support a substantially increased
workload and staff vacancies. This additional spending should be offset with substantially
increased permit/plan review revenues.
The Department desires to maintain customer service standards by continuing to meet target
plan review times and provide inspections within one business day. Instead of increasing
staff levels to meet these performance standards, the Department recommends to continue to
use outside contractors as necessary.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 010-01430-530300,Other Contractual Services to fund this
contract.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8776-15(2)
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Engineering Department
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Approve the request from 200 Garden, LLC to vacate the alley located within the 200-block
between North Fort Harrison Avenue and North Garden Avenue; and pass Ordinance 8776-15
on first reading. (VAC2015-07)
SUMMARY:
200 Garden, LLC has requested the vacation of the alley lying within the 200-block between
North Fort Harrison Avenue and North Garden Avenue. The right-of-way is 16 feet wide and
is posted one-way westbound. The office building at 200 N Garden Avenue is south of the
alley and their parking area is north of the alley. The property owner is requesting the
vacation to eliminate cut-through vehicular traffic to improve safety conditions for employees
crossing the alley on foot.
There are public and private utilities located within the right-of-way. If approved, the City will
retain a utility easement over the vacated area and the proposed ordinance requires the
property owners to grant utility easements to Duke Energy and Verizon Florida. Two other
entities own property fronting the alley proposed for vacation; both have submitted letters of
no objection.
The Planning and Development Department (P&D) analyzed the request as it relates to the
Clearwater Downtown Redevelopment Plan Design Guidelines adopted by City Council. P&D
has no objection to the request as long as pedestrian access through the alley is allowed.
Ordinance 8776-15 retains a public access easement over the vacated alley for pedestrian
use.
Page 1 City of Clearwater Printed on 11/2/2015
Ordinance No. 8776-15
ORDINANCE NO. 8776-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT
CERTAIN RIGHT-OF-WAY ADJACENT TO THE NORTH
BOUNDARY OF LOTS 1 – 5, AND THE SOUTH BOUNDARY OF
LOTS 6 – 10, BLOCK 5, JONES’ SUBDIVISION OF
NICHOLSON’S ADDITION TO CLEARWATER HARBOR,
ACCORDING TO THE MAP OR PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1, PAGE 13, OF THE PUBLIC
RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF
WHICH PINELLAS COUNTY WAS FORMERLY A PART;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, 200 Garden, LLC, owner of real property adjoining the portion of right-of-way
described herein and depicted in Exhibit “A” attached hereto, has requested that the City vacate
said right-of-way; and
WHEREAS, the City Council finds that said right-of-way is not necessary for use as public
right-of-way, thus should be vacated, as these actions are in the best interest of the City and the
general public; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
That certain right-of-way adjacent to the north boundary of Lots 1 – 5, and the south boundary
of Lots 6 – 10, Block 5, Jones’ Subdivision of Nicholson’s Addition to Clearwater Harbor,
according to the map or plat thereof, as recorded in Plat Book 1, Page 13, of the Public Records
of Hillsborough County, Florida of which Pinellas County was formerly a part is hereby vacated,
closed and released, and the City of Clearwater releases all of its right, title and interest thereto
contingent upon the following conditions:
1. The City hereby retains a utility easement over, under, across and through the
described property for the installation and maintenance of any and all utilities
therein by the City of Clearwater; and
2. The City of Clearwater hereby retains a public access easement over the
described property for use by the general public for the purpose of pedestrian
access; and
3. All property owners of real property abutting the right-of-way vacated hereby shall
individually grant easements to Duke Energy Florida, Inc. (doing business as
“Duke Energy”) and Verizon Florida, Inc., the location and terms of which are
acceptable to the respective utility providers. This vacation ordinance shall be null
and void if this condition is not met within ninety (90) calendar days from the
adoption of this ordinance.
Ordinance No. 8776-15
Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas
County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
________________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________ ________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
Lot 1 Lot 2 Lot 3 Lot 5
Lot 10 Lot 9 Lot 8 Lot 7 Lot 6
Lot 4
Jones' Subdivision of
Nicholson's Addition to
Clearwater Harbor
Plat Book 1,
Page 13
Block 5
Legal Description:
An Alley Vacation described as follows:
An alley located North of Lots 1, 2, 3, 4, and 5, and South of Lots 6, 7, 8, 9,
and 10, Block 5, Jones' Subdivision of Nicholson's Addition to Clearwater
Harbor, as recorded in Plat Book 1, Page 13, of the Public Records of
Hillsborough County, Florida of which Pinellas County was formerly a
part.
200 Garden, LLC
200 Garden, LLCAlbanian Islamic
Cultural Center
Church of Scientology
Flag Service Organization
Proposed Alley Vacation
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LOCATION MAP
JB CL
277B 09-29s-15e
9/2/2015Map Gen By:Reviewed By:
S-T-R:Grid #:
Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Proposed Alley Vacation200-Block between N Garden Ave. and N Ft. Harrison Ave.
²
N.T.S.Scale:
Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\Pro. Alley Vac 200BLK N Garden..mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1831
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Information Technology
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Approve a contract (blanket purchase order) in the amount of $122,644.00 and award
Request for Proposal (RFP) 55-15 to SoftResources, Inc., Kirkland, WA, for needs
assessment and software evaluation consulting services, and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
SoftResources, Inc. was the most responsive bidder for RFP 55-15. SoftResources will
perform needs assessments, RFP development and software evaluations for the identification
of suitable software products to replace the City’s current financial system software (ROSS
Systems). The City’s current financial system was originally implemented in 1992. The
product has been upgraded numerous time, however, a steady decline in government users
and an uncertain product roadmap has prompted staff to evaluated alternatives and seek a
solution better suited for the City’s current operational needs.
The City’s current financial system does not possess functionality capable of leveraging
current and trending business practices, and presents some limitations on interface options for
our diverse user base.
The objective of the evaluation and selection process will be to identify appropriate products
that possess both the necessary functionality and product offerings for the City to address
current functional needs and have options for future consolidation of system platforms if and
when appropriate.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in the IT capital budget cost code 094883-530100
(professional services) to fund this contract.
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1784
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 12.1
SUBJECT/RECOMMENDATION:
Approve an annual blanket purchase order (contract) to Brenntag Mid-South, Inc. (Brenntag)
of Henderson, KY, in the annual amount of $100,000, with an option for two one-year term
extensions, for the purchase of 50% Sodium Hydroxide not to exceed $300,000, and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
Brenntag provides chemical products to the water treatment industry. 50% Sodium Hydroxide
is used in the treatment process for drinking water. Public Utilities’ overall expected goal is to
increase the current production at Reverse Osmosis 2 facility from 4 million gallons per day
(mgd) to 6.25 mgd, a production rate not previously sustained, and eventually to 10 mgd
production for the entire water treatment system.
Bid 64-15 was advertised August 21, 2015 with final bids received September 10, 2015 for
50% Sodium Hydroxide. Brenntag Mid-South, Inc. is the lowest, most responsible bidder with
a responsive bid.
The contract will be effective for an initial one -year period in the annual amount of
$100,000.00, with two one-year renewal options, if agreeable by both parties, and years two
and three in authorized annual amounts of $100,000.00 during each extension term for a total
contract amount not to exceed $300,000. An annual cost increase based on the Producer
Price Index (PPI) is allowable as part of the annual renewals.
APPROPRIATION CODE AND AMOUNT:
0421-02053-551000-533-000-0000 $100,000.00
Sufficient funding is available in the Water and Sewer Operating cost center 0421-02053,
Water Supply, in Fiscal Year 2016. Fiscal Years 2017 and 2018 funding will be included in the
Water and Sewer recommended Operating budget from the Director at $100,000 per year.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1785
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 12.2
SUBJECT/RECOMMENDATION:
Approve an annual blanket purchase order (contract) to Univar USA, Inc. (Univar) of Tampa,
FL, in the annual amount of $50,000, with an option for two one-year term extensions, for the
purchase of 19% Aqua Ammonia not to exceed $150,000, and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
Univar provides chemical products to the water treatment industry. 19% Aqua Ammonia is
used in the disinfection process for drinking water. Public Utilities’ overall expected goal is to
increase the current production at Reverse Osmosis 2 facility from 4 million gallons per day
(mgd) to 6.25 mgd, a production rate not previously sustained, and eventually to 10 mgd
production for the entire water treatment system.
Bid 64-15 was advertised August 21, 2015 with final bids received September 10, 2015 for
19% Aqua Ammonia. Univar USA Inc. is the lowest, most responsible bidder with a responsive
bid.
The contract will be effective for an initial one -year period in the annual amount of $50,000.00,
with two one-year renewal options, if agreeable by both parties, and years two and three in
authorized annual amounts of $50,000.00 during each extension term for a total contract
amount not to exceed $150,000. An annual cost increase based on the Producer Price Index
(PPI) is allowable as part of the annual renewals.
APPROPRIATION CODE AND AMOUNT:
0421-02053-551000-533-000-0000 $50,000.00
Sufficient funding is available in the Water & Sewer Operating cost center 0421-02053, Water
Supply, in Fiscal Year 2016. Fiscal Years 2017 and 2018 funding will be included in the Water
and Sewer recommended Operating budget from the Director at $50,000 per year.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1793
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 13.1
SUBJECT/RECOMMENDATION:
Award a contract (Purchase Order) for $262,950.00 to Environmental Products of Florida for
one 2016 Elgin Broom Bear Sweeper for Stormwater Vehicle Replacement in accordance with
the Florida Sheriff’s Contract 15-13-0904, 2.564(1)(d), Code of Ordinances-Other
Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase
Agreement, or internal financing via an interfund loan from the Capital Improvement Fund,
whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
The One Elgin Bear Sweeper will be purchased through the Florida Sheriff’s Contract
15-13-0904 quote dated October 5, 2015 and will replace the following, which is assigned to
the Stormwater Department:
G3489 2006 Sterling Aqua Tech with 95,896 miles
This vehicle was included in the Fiscal Year 2015/2016 Garage CIP Replacement
APPROPRIATION CODE AND AMOUNT:
316-94241-564100-519 $262,950.00
Page 1 City of Clearwater Printed on 11/2/2015
Elgin,Vactor,Sewer Equipment Co. of America, and Envirosight
2525 Clarcona Road Apopka, FL 32703
Phone: 407-798-0004 Fax: 407-798-0014
4405 Loma Vista DriveValrico, FL 33594
Phone: 813-299-6264 Fax: 813-689-2498
1911 31st Ave. Bay #1 Pembroke Park, FL 33009
Phone: 954-518-9923 Fax: 954-518-9926
www.EPOFC.com
October 5, 2015
City of Clearwater
Jarvis Anderson
Stormwater Division
Dear Mr. Anderson,
In reference to our recent demonstration, I am pleased to quote the following
Elgin Broom Bear street sweeper. Please note that the pricing is based on the Florida
Sherriff’s Contract #15-13-0904, specification #51, per the attached price sheet. Thank
you for your time and allowing us to share our products with you. If you have any
questions or concerns, please do not hesitate to call me. Have a great day!
Description Price
2016 Elgin Broom Bear $264,183
(price includes delivery and training)
Factor Year End Discount -$1,233
Total Price $262,950
Additional Options
Annual Maintenance Plan $12,000
(per attached documentation)(Annual in advance)
Optional CNG Unit $66,000
(in addition to standard Broom Bear)
Sincerely,
John Miller, North Florida Territory Manager
Environmental Products of Florida
Cell: (813) 299-0033
Email: jmiller@epofc.com
Fax: (407) 798-0013
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1820
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 13.2
SUBJECT/RECOMMENDATION:
Award a contract (Purchase Order) for $200,178.98 to Trekker Tractor of Tampa, FL for one
2016 Case 821F Wheel Loader for Parks and Recreation Vehicle Replacement in accordance
with the Florida Sheriff’s Contract 15-13-0904, 2.564(1)(d), Code of Ordinances-Other
Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase
Agreement, or internal financing via an interfund loan from the Capital Improvement Fund,
whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
The Case Wheel Loader will be purchased through the Florida Sheriff’s Contract 15-13-0904
per quote dated October 9, 2015 and will replace the following which is assigned to the Parks
and Recreation Department:
G2826 2004 Caterpillar Wheel Loader with 3,411 hours
This vehicle was included in the Fiscal Year 2015/2016 Garage CIP Replacement
APPROPRIATION CODE AND AMOUNT:
316-94241-564100-519 $200,178.98
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1834
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 13.3
SUBJECT/RECOMMENDATION:
Award a contract (Purchase Order) in the amount of $514,395.00 to Don Reid Ford, Inc. of
Orlando, FL for the purchase of sixteen 2016 Ford Police Interceptor Utility Vehicles and one
Ford Police Interceptor Sedan for Police Department ’s Replacement Vehicles, in accordance
with the Florida Sheriff ’s Contract 15-23-0904, 2.564(1)(d), Code of Ordinances-Other
Governmental Bid; authorize lease purchase under the City ’s Master Lease Purchase
Agreement, or internal financing via an interfund loan from the Capital Improvement Fund,
whichever is deemed to be in the City ’s best interest; and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
The 2016 Ford Police Interceptor Utility Vehicles and the Ford Police Interceptor Sedan will be
purchased through the Florida Sheriff’s Contract 15-23-0904 quotes dated October 16, 2015
and will replace the following, which are all assigned to the Police Department:
G3151 2007 Ford Crown Vic with 111,150 miles
G3166 2009 Ford Crown Vic with 108,937 miles
G3172 2006 Ford Crown Vic with 100,020 miles
G3173 2006 Ford Crown Vic with 106,036 miles
G3179 2006 Ford Crown Vic with 96,229 miles
G3338 2007 Ford Crown Vic with 89,976 miles
G3341 2007 Ford Crown Vic with 86,618 miles
G3343 2007 Ford Crown Vic with 89,953 miles
G3349 2007 Ford Crown Vic with 101,045 miles
G3350 2007 Ford Crown Vic with 91,439 miles
G3352 2007 Ford Crown Vic with 90,424 miles
G3353 2007 Ford Crown Vic with 93,643 miles
G3464 2008 Ford Crown Vic with 99,506 miles
G3469 2008 Ford Crown Vic with 112,676 miles
G3471 2008 Ford Crown Vic with 105,486 miles
G3476 2008 Ford Crown Vic with 106,200 miles
G3477 2008 Ford Crown Vic with 99,322 miles
These vehicles were included in the Fiscal Year 2015/2016 Garage CIP Replacement
Fund.
APPROPRIATION CODE AND AMOUNT:
Page 1 City of Clearwater Printed on 11/2/2015
File Number: ID#15-1834
315-94238-591000-581 $60,338.00
316-94241-564100-519 $454,057.00
Page 2 City of Clearwater Printed on 11/2/2015
PROPOSAL
2016FORD POLICE INTERCEPTOR SEDAN AWD (P2M)$23,098.00
(99T) 3.5LV6ECOBOOSTENGINE $3,049.00
6 SPEED AUTOMATIC TRANSMISSION
DRIVER’SSIDE SPOTLAMPDELETE -$100.00
REARVIEW CAMERA STD
(17I) CARPET FLOOR COVER $124.00
(60P) KEYLESS ENTRY $254.00
(856) ROAD READY PACKAGE $3,569.00
EXTERIOR –MEDIUM TITANIUM CC
INTERIOR –BLACK CLOTH $59.00
TOTAL $30,053.00
PER FSA CONTRACT 15-23-0904
SPEC #5
NAME: CITY OF CLEARWATER
EMAIL: DEBORAH.MOORE@MYCLEARWATER.COM
ATTN: DEB MOORE
DATE:OCTOBER 12, 2015
PURCHASER ACKNOWLEDGES:
DON REID FORD IS UNABLE TO GUARANTEE DELIVERY DATES DUE TO MANY FACTORS, NOT LIMITED TO
BUT INCLUDING: FORD MOTOR COMPANY PRODUCTION SCHEDULES, WEATHER, AVAILABILITY OF RAIL
CARS, ETC.
ALL PAYMENTS ARE DUE UPON RECEIPT OF EACH VEHICLE AS INVOICED REGARDLESS OF THE NUMBER
OF VEHICLES ON THE PURCHASE ORDER.
We thank you for the opportunity to make this proposal and will appreciate your acceptance. Acceptance of this
proposal will not be binding upon us until this proposal is approved hereonin writing by an official of Don Reid
Ford, Inc. Return of one copy of this proposal and your purchase order number constitutes your official
acceptance.
Respectfully submitted,
ERIC JORE
FLEETMANAGER
DON REID FORD, INC.
Please return this form via Fax: (407) 647-4779 or
email -EJore@aol.com
ACCEPTED:__________________
PO#________________________
PROPOSAL
2016FORD POLICE INTERCEPTOR UTILITY AWD (K8A)$25,347.00
3.7L V6 TIVCT ENGINE
6 SPEED AUTOMATIC TRANSMISSION
(51R) DRIVER’S SIDELEDSPOTLAMP $295.00
REARVIEW CAMERA STD
(67H) ROAD READY PACKAGE $3,414.00
(17T) CARGO DOME LAMP $49.00
(18W) REAR WINDOWS INOPERABLE $24.00
(21L) FRONT AUXILIARY LIGHT $349.00
(43D) COURTESY LAMP DISABLED $19.00
(595) KEYLESS ENTRY $259.00
(63B) SIDE MARKER LIGHTS $289.00
(76D) DEFLECTOR PLATE $334.00
EXTERIOR –MEDIUM TITANIUM CC
INTERIOR –EBONY CLOTH FR / VINYL R
TOTAL $30,379.00
QUANTITY 2: GRAND TOTAL $60,758.00
PER FSA CONTRACT 15-23-0904
SPEC #7
NAME: CITY OF CLEARWATER
EMAIL: DEBORAH.MOORE@MYCLEARWATER.COM
ATTN: DEBMOORE
DATE:OCTOBER22, 2015
PURCHASER ACKNOWLEDGES:
DON REID FORD IS UNABLE TO GUARANTEE DELIVERY DATES DUE TO MANY FACTORS, NOT LIMITED TO
BUT INCLUDING: FORD MOTOR COMPANY PRODUCTION SCHEDULES, WEATHER, AVAILABILITY OF RAIL
CARS, ETC.
ALL PAYMENTS ARE DUE UPON RECEIPT OFEACH VEHICLE AS INVOICED REGARDLESS OF THE NUMBER
OF VEHICLES ON THE PURCHASE ORDER.
We thank you for the opportunity to make this proposal and will appreciate your acceptance. Acceptance of this
proposal will not be binding upon us until this proposal is approved hereonin writing by an official of Don Reid
Ford, Inc. Return of one copy of this proposal and your purchase order number constitutes your official
acceptance.
Respectfully submitted,
ERIC JORE
FLEET MANAGER
DON REID FORD, INC.
Please return this form via Fax: (407) 647-4779 or
email -EJore@aol.com
ACCEPTED:__________________
PO#________________________
PROPOSAL
2016FORD POLICE INTERCEPTOR UTILITY AWD (K8A)$25,347.00
3.7L V6 TIVCT ENGINE
6 SPEED AUTOMATIC TRANSMISSION
(51R) DRIVER’S SIDELEDSPOTLAMP $295.00
REARVIEW CAMERA STD
(67H) ROAD READY PACKAGE $3,414.00
(17T) CARGO DOME LAMP $49.00
(18W) REAR WINDOWS INOPERABLE $24.00
(21L) FRONT AUXILIARY LIGHT $349.00
(43D) COURTESY LAMP DISABLED $19.00
(59E) KEYED ALIKE –KEY CODE: 1435X $49.00
(63B) SIDE MARKER LIGHTS $289.00
(76D) DEFLECTOR PLATE $334.00
EXTERIOR –OXFORD WHITE
INTERIOR –EBONY CLOTH FR / VINYL R
TOTAL $30,169.00
QUANTITY 12: GRAND TOTAL $362,028.00
PER FSA CONTRACT 15-23-0904
SPEC #7
NAME: CITY OF CLEARWATER
EMAIL: DEBORAH.MOORE@MYCLEARWATER.COM
ATTN: DEB MOORE
DATE:OCTOBER22, 2015
PURCHASER ACKNOWLEDGES:
DON REID FORD IS UNABLE TO GUARANTEE DELIVERY DATES DUE TO MANY FACTORS, NOT LIMITED TO
BUT INCLUDING: FORD MOTOR COMPANY PRODUCTION SCHEDULES, WEATHER, AVAILABILITY OF RAIL
CARS, ETC.
ALL PAYMENTS ARE DUE UPONRECEIPT OF EACH VEHICLE AS INVOICED REGARDLESS OF THE NUMBER
OF VEHICLES ON THE PURCHASE ORDER.
We thank you for the opportunity to make this proposal and will appreciate your acceptance. Acceptance of this
proposal will not be binding upon us until this proposal is approved hereonin writing by an official of Don Reid
Ford, Inc. Return of one copy of this proposal and your purchase order number constitutes your official
acceptance.
Respectfully submitted,
ERIC JORE
FLEET MANAGER
DON REID FORD, INC.
Please return this form via Fax: (407) 647-4779 or
email -EJore@aol.com
ACCEPTED:__________________
PO#________________________
PROPOSAL
2016FORD POLICE INTERCEPTOR UTILITY AWD (K8A)$25,347.00
3.7L V6 TIVCT ENGINE
6 SPEED AUTOMATIC TRANSMISSION
(51R) DRIVER’S SIDELEDSPOTLAMP $295.00
REARVIEW CAMERA STD
CABIN AIR FILTER STD
(67H) ROAD READY PACKAGE $3,414.00
(17T) CARGO DOME LAMP $49.00
(18W) REAR WINDOWS INOPERABLE $24.00
(21L) FRONT AUXILIARY LIGHT $349.00
(43D) COURTESY LAMP DISABLED $19.00
(59E) KEYED ALIKE –KEY CODE: 1435X $49.00
(63B) SIDE MARKER LIGHTS $289.00
(76D) DEFLECTOR PLATE $334.00
(17A) AUXILIARY CLIMATE CONTROL $609.00
EXTERIOR –OXFORD WHITE
INTERIOR –EBONY CLOTH FR / VINYL R
TOTAL $30,778.00
QUANTITY 2: GRAND TOTAL $61,556.00
PER FSA CONTRACT 15-23-0904
SPEC #7
NAME: CITY OF CLEARWATER
EMAIL: DEBORAH.MOORE@MYCLEARWATER.COM
ATTN: DEB MOORE
DATE:OCTOBER22, 2015
PURCHASER ACKNOWLEDGES:
DON REID FORD IS UNABLE TO GUARANTEE DELIVERY DATES DUE TO MANY FACTORS, NOT LIMITED TO
BUT INCLUDING: FORD MOTOR COMPANY PRODUCTION SCHEDULES, WEATHER, AVAILABILITY OF RAIL
CARS, ETC.
ALL PAYMENTS ARE DUE UPON RECEIPT OF EACH VEHICLE AS INVOICED REGARDLESS OF THE NUMBER
OF VEHICLES ON THE PURCHASE ORDER.
We thank you for the opportunity to make this proposal and will appreciate your acceptance. Acceptance of this
proposal will not be binding upon us until this proposal is approved hereonin writing by an official of Don Reid
Ford, Inc. Return of one copy of this proposal and your purchase order number constitutes your official
acceptance.
Respectfully submitted,
ERIC JORE
FLEET MANAGER
DON REID FORD, INC.
Please return this form via Fax: (407) 647-4779 or
email -EJore@aol.com
ACCEPTED:__________________
PO#________________________
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1836
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 13.4
SUBJECT/RECOMMENDATION:
Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater, FL
for an amount not to exceed $550,000 for the purchase of Goodyear tires for city-motorized
equipment for the period of September 1, 2015 through August 31, 2016, increase current
Contract (BPO510791) in the amount of $60,000, and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
This Blanket Purchasing Order (BPO) will cover the purchase of various tire sizes for use on
city vehicles and equipment. This BPO is a piggyback of the Florida Sheriff’s Association Bid
No. 15/17-07-0220 (valid March 1, 2015 through February 28, 2017) and State of
Florida/WSCA Participating Agreement 01712/MA208 (valid April 1, 2015 through March 31,
2017). Utilization of these two contracts is in accordance with Code of Ordinances 2.564(1)
(d) Exceptions to Bid and Quotation - other government bid.
Due to an increasing demand for tires and the late contract change in the State of Florida's
bidding approach, an increase to BPO BR510791 is requested in the amount of $60,000, for a
revised total of $160,000.
APPROPRIATION CODE AND AMOUNT:
566-06611-550500-519 Not to exceed $550,000
These funds are available in the current year Fleet operating expense.
Page 1 City of Clearwater Printed on 11/2/2015
DATE:February 26, 2015
TO:ALL PROSPECTIVE PARTICIPANTS
FROM:Steve Casey Andrew Terpak Becky Keillor
Executive Director Business Operations Mgr.Bid Coordinator
RE: TIRE & OTHER RELATED SERVICES
BID NO.15/17-07-0220
The Florida Sheriffs Association is pleased to announce oursuccessful statewide competitive
bid for Tires and Other Related Services. This year we have improved our webpage to assist
our eligible users to research the tire sizes and pricing they need.
This bid is extended and guaranteed to any and all units of local governments/political
subdivisions including but not limited to county, local county boards of public instruction,
municipalities and other local public or public safety agencies or authorities.
In addition to the eligible users referenced above and with the consent of the successful
bidder(s) purchases may be made under the Terms and Conditions of this contract by
governmental entities located outside the State of Florida. Appropriate governmental entities’
purchasing laws, rules and regulations shall apply to purchases made under this contract.
The Awarded Vendors include the following Manufacturer’s/Dealer’s:
Bridgestone
Continental
Goodyear
Michelin
Trelleborg
To access this bid, please visit our website at:
http://www.flsheriffs.org/purchasing_programs/cooperative-fleet/tire-contract/dealer-
directory
FLORIDA SHERIFFS ASSOCIATION
Tire and Related Services Terms and Conditions Rev 2/12/2015 b
INDEX GENERAL CONDITIONS
1.0 FSA Contact Information
1.1 Sealed Bids
1.2 Execution of Bid
1.3 Late Bids
1.4 No Bid
1.5 Prices Quoted
1.6 Taxes
1.7 Mistakes
1.8 Condition and Packaging
1.9 Underwriters’ Laboratories
1.10 Minor Irregularities/Right to Reject
1.11 Equivalents REV 6/14
1.12 Non-Conformance to Contract
Conditions
1.13 Samples
1.14 Delivery
1.15 Interpretations
1.16 Bid Opening
1.17 Inspection, Acceptance & Title
1.18 Payment
1.19 Disputes
1.20 Legal Requirements
1.21 Patents and Royalties
1.22 OSHA
1.23 Special Conditions
1.24 Anti-discrimination
1.25 American with Disabilities Act
1.26 Minority Business Enterprise (MBE)
1.27 Quality
1.28 Liability, Insurance, Licenses and
Permits
1.29 Bid Bonds, Performance Bonds,
Certificates of Insurance
1.30 Default
1.31 Cancellation
1.32 Severability
1.33 Billing Instructions
1.34 Notes to Vendors Delivering to the FSA
1.35 Substitutions
1.36 Facilities
1.37 Bid Tabulations
1.38 Protest and Arbitration
1.38.01 Authority to Resolve Protested Bids and
Proposed Awards
1.39 Clarification and Addenda to Bid
Specifications
1.40 Demonstration of Competency
1.41 Determination of Award
1.42 Assignment
1.43 Laws, Permits and Regulations
1.44 Elimination from Consideration
1.45 Waiver of Informalities
1.46 Estimated Quantities
1.47 Collusion
1.48 Reasonable Accommodation
1.49 Gratuities
1.50 Signed Bid Considered and Offer
1.51 Bid Clarification:
1.52 Tie Bids
1.53 Public Entity Crimes (PEC)
1.54 Determination of Responsiveness
1.55 Delivery Time (3.54 for tires and other related
equipment)
1.56 Cone of Silence
1.57 Right to Audit REV8/18/14
1.58 Termination for Default
1.59 Termination for Convenience of
1.60 Insurance and Indemnification
1.61 Modification/Withdrawals of Bids
1.62 Exceptions to Bid
1.63 Warranty of Authority
1.64 Warranty of Ability to Perform
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GENERAL CONDITIONS – 1.0
1.0 Bid Correspondence – All correspondence regarding this bid should be directed to the Florida Sheriffs
Association using the information shown below. Please be sure to reference the bid number and your
contact information.
The contact person(s) for this Invitation to Bid is
Becky Keillor, FSA Cooperative Bid Coordinator Andrew Terpak, Business Operation Manager
E-mail: bkeillor@flsheriffs.org E-mail: dterpak@flsheriffs.org
Phone: 850-877-2165 ext. 231 Phone: 850-877-2165 ext. 227
Fax: 850-878-8665 Fax: 850-878-5115
All written (hard copy) communication or documents for this Invitation to Bid should be directed to:
Florida Sheriffs Association
Attn: Cooperative Bid Coordinator
2617 Mahan Drive
Tallahassee, Florida 32308
850-877-2165
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FLORIDA SHERIFFS ASSOCIATION
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1.1 SEALED BIDS
An Original and one (1) copies of the Bid Form as well as any other pertinent documents must be
returned in order for the bid to be considered for award. All bids are subject to the conditions specified
hereon and on the attached Special Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the
Florida Sheriffs Association, 1st Floor, 2617 Mahan Drive, Tallahassee FL 32308. Facsimile, electronic, or
faxed bids will not be accepted.
1.2 EXECUTION OF BID
Bid must contain a manual signature of an authorized representative in the space provided on the Bid
signature page. Failure to properly sign bid shall invalidate same and it shall NOT be considered for
award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a
correction is necessary, draw a single line through the entered figure and enter the corrected figure
above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or
corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be
changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be
in letter form, signed by bidders and attached to the bid.
1.3 LATE BIDS
At time, date and place above, bids will be opened. Any bid or bids received after time and date specified
will be returned to the bidder unopened. The responsibility for submitting a bid before the stated time
and date is solely and strictly the responsibility of the bidder/proposer. The FSA is not responsible for
delays caused by mail, courier service, including U.S. Mail or any other occurrence.
1.4 NO BID
If not submitting a bid, respond by returning the enclosed “NO BID” form questionnaire, and explain the
reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's
name from the bid mailing list.
1.5 PRICES QUOTED
Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when
requested. Prices must be stated in units of quantity specified in the bidding specifications.
In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices
must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for
prompt payment may be offered.
Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid
separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or
quantity discounts offered will not be a consideration in determination of award of bid(s).
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1.6 TAXES
The FSA is a 501c3 Organization and exempt from all Federal Excise and State Taxes. State Sales Tax and
Use Certificate Number is 59-0708112.
1.7 MISTAKES
Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all
instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk.
1.8 CONDITION AND PACKAGING
It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new
and current model offered (most current production model at the time of this bid). All containers shall be
suitable for storage or shipment, and all prices shall include standard commercial packaging.
1.9 UNDERWRITERS’ LABORATORIES
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L.
listed or re-examination listing where such has been established by U.L. for the item(s) offered and
furnished.
1.10 MINOR IRREGULARITIES/RIGHT TO REJECT
The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any
irregularity, technicality or omission if the FSA determines that doing so will serve in the FSA’s best
interest. The FSA may also reject any Response not submitted in the manner specified by the solicitation
documents.
1.11 EQUIVALENTS
The term “Approved Equivalent” is used to allow a bidder to bid components or equipment that are equal
to the components or equipment described in the detailed specifications. The FSA Contract Administrator
shall have the sole authority to determine approved equivalents.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides
as to a standard of acceptable product quality level only and should not be construed as an endorsement
or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate
and verify that product(s) offered conform with or exceed quality as listed in the specifications.
If bidder offers a make or model of equipment or supplies other than those specified in the following, it
must so indicate in the bid submittal.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified
items offered requires complete descriptive technical literature marked to indicate detail(s) conformance
with specifications and MUST BE INCLUDED WITH THE BID. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer. NO BIDS WILL
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Lacking any written indication of intent to quote an alternate brand or model number, the bid will be
considered as a bid in complete compliance with the specifications as listed on the attached form.
Dealers offering alternate makes, manufacturers of tires or equipment not specifically identified in the bid
cannot utilize or publish the offering as an “OPTION” within the bid specification and detail. Offerings of
this nature will cause the bid to be rejected.
1.12 NON-CONFORMANCE TO CONTRACT CONDITIONS
Items may be tested for compliance with specifications. Item delivered, not conforming to specifications
may be rejected and returned at vendor's expense. These items and items not delivered as per delivery
date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be
charged against the bidder.
Any violation of these stipulations may also result in:
• Vendor's name being removed from the vendor list.
• All departments being advised not to do business with vendor.
1.13 SAMPLES
Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon
request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples
furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each
individual sample must be labeled with bidder's name. Failure of bidder to either deliver required
samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated,
samples should be delivered to the Florida Sheriffs Association, Attention: Cooperative Bid Coordinator,
1st Floor, 2617 Mahan Drive, Tallahassee FL 32308.
1.14 DELIVERY
Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days
(in calendar days) required to make delivery after receipt of purchase order, in space provided.
Delivery time may become a basis for making an award. Delivery shall be within the normal working
hours of the user, Monday through Friday, excluding holidays.
1.15 INTERPRETATIONS
Unless otherwise stated in the bid, any questions concerning conditions and specifications should be
submitted in writing to the Contract Bid Coordinator at 2617 Mahan Drive, Tallahassee, FL 32308 or by e-
mail to: Fleet@flsheriffs.org
1.16 BID OPENING
Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids
received after the date, time, and place shall be returned, unopened.
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1.17 INSPECTION, ACCEPTANCE & TITLE
Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or
damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer
unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the FSA are found to be defective or not conform to specifications,
the FSA reserves the right to cancel the order upon written notice to the seller and return product at
bidder's expense.
1.18 PAYMENT
Invoices for payment will be made by the FSA after the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and properly
invoiced.
Invoices for payment will be submitted as repairs/replacements are completed for the duration of the
contract. Invoices will be subject to verification and approval by the ordering departments designated
representative.
1.19 DISPUTES
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of
the FSA shall be final and binding on both parties. In the event of a conflict between the documents, the
order of priority of the documents shall be as follows:
Any agreement resulting from the award of this Bid (if applicable); then Addenda released for this Bid,
with the latest
Addendum taking precedence;
• then The Bid;
• Then Awardee’s Bid.
1.20 LEGAL REQUIREMENTS
Federal, State, county laws, ordinances, rules and regulations that in any manner affect the items covered
herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility.
1.21 PATENTS & ROYALTIES
The bidder, without exception, shall indemnify and save harmless the FSA and its employees from liability
of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or
unpatented invention, process, or article manufactured or used in the performance of the contract,
including its use by The FSA.
If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually
understood and agreed, without exception, that the bid prices shall include all royalties or cost arising
from the use of such design, device, or materials in any way involved in the work.
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1.22 OSHA
The bidder warrants that the product supplied to the FSA shall conform in all respects to the standards
set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with
this condition will be considered as a breach of contract. Any fines levied because of inadequacies to
comply with these requirements shall be borne solely by the bidder responsible for same.
1.23 SPECIAL CONDITIONS
Any and all Special Conditions that may vary from these General Conditions shall have precedence.
1.24 ANTI-DISCRIMINATION
The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section
202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment
opportunity for all persons without regard to race, color, religion, sex or national origin.
1.25 AMERICAN WITH DISABILITIES ACT
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities, and/or any accommodation to review any document or participate in any FSA-
sponsored proceeding, please contact FSA HR Director at 850-877-2165 (voice), 850-878-8665 (fax) five
days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
1.26 MINORITY BUSINESS ENTERPRISE (MBE)
The Florida Sheriffs Association Policy is that Minority Business Enterprises (MBE) shall have the
opportunity to participate in competitive bids. Such process would be for supplying goods and services to
FSA and participating agencies.
1.27 QUALITY
All materials used for the manufacture or construction of any supplies, materials or equipment
covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and
highest grade workmanship.
1.28 LIABILITY, INSURANCE, LICENSES AND PERMITS
Where bidders are required to enter or go onto FSA property to deliver materials or perform work or
services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense
of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable
Leon County code requirements as well as the Florida Building Code. The bidder shall be liable for any
damages or loss to the FSA occasioned by negligence of the bidder.
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1.29 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE
Bid Bonds, when required, shall be submitted with the bid in the amount specified in the individual bid
specifications. After acceptance of bid, the FSA will notify the successful bidder to submit a performance
bond and certificate of insurance in the amount specified in Special Conditions and the bid specification.
See Bid specifications for detailed Bid Bond requirements as each specification may have different
requirements.
1.30 DEFAULT
Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award
is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages
incurred by the FSA thereby, or where surety is not required, failure to execute a contract as described
above may be grounds for removing the bidder from the bidder's list.
1.31 CANCELLATION
In the event any of the provisions of this bid are violated by the contractor, the Contract Manager shall
give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within
ten (10) business days, recommendation will be made to the FSA for immediate cancellation. The FSA
reserves the right to terminate any contract resulting from this invitation at any time and for any reason,
upon giving thirty (30) days prior written notice to the other party.
1.32 SEVERABILITY
In the event any provision of this contract is held to be unenforceable for any reason, the
unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and
effect and enforceable in accordance with its terms.
1.33 BILLING INSTRUCTIONS
Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the
Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, FL 32808 or P.O. Box 12519 Tallahassee, FL
32317-2519
1.34 NOTES TO VENDORS DELIVERING TO THE FSA
Receiving hours are Monday through Friday, excluding holidays, from 8:30 a.m. to 4:00 p.m.
1.35 SUBSTITUTIONS
The FSA WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand
quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense.
1.36 FACILITIES
The FSA reserves the right to inspect the bidder's facilities at any time with prior notice.
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1.37 BID TABULATIONS
Bidders desiring a copy of the bid tabulation may access them on line on the FSA Website.
1.38. PROTESTS AND ARBITRATION
Any person who proposes to file an action protesting a decision or intended decision pertaining to this
bid or the resulting contract should refer to 1.38.01 Authority to Resolve Protested Bids and Proposed
Awards.
Additionally, the person or entity filing such protest shall post with the Florida Sheriffs Association at the
time of filing the formal written protest or within the ten (10) business day period allowed for filing the
formal written protest, a bond, cashier’s check or money order payable to the Florida Sheriffs Association
in the amount equal to $5,000.00, which bond or security will be conditioned upon the payment of all
cost which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA
for additional legal expenses incurred and required to substantiate the protesting party’s claim(s). Failure
to post the bond or security requirement within the time allowed for filing will result in a denial of
protest. For the purpose of bid protests, the filing party shall not stay the implementation of the bid
award by the Florida Sheriffs Association.
Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA
within 72 hours of the FSA bid protest decision regarding their intent to request arbitration. A demand
for arbitration with the American Arbitration Association’s (AAA) commercial panel under its rules and
regulations must be made within 10 business days of the FSA bid protest decision. Any person who files
for arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal
written arbitration request, a bond, cashier’s check or money order payable to the Florida Sheriffs
Association in the amount equal to $5,000.00. Failure to provide written notice to FSA, file a demand for
arbitration with the AAA, or failure to post the required bond and security requirement within the
specified timelines shall constitute a waiver of arbitration proceedings.
If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of
the prevailing party. However, if the filing party prevails, the parties shall share equally the fees and
expenses of the arbitration and AAA bear the cost of their own attorney fees.
For the purpose of arbitration, the filing party shall not stay the implementation of the bid award by the
Florida Sheriffs Association.
1.38.01 AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS
(a) Right to protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively
referred to as the “bidder) who has a substantial interest in, and is aggrieved in connection with the
solicitation or proposed award of, a request for proposals (“RFP”), request for quote (“RFQ”), request for
letters of interest (“RFLI) or invitation to bid for goods and/or services (“herein after collectively referred
to as the bid”) may protest to the contract administrator or his or her designee. Protest arising from the
decisions and votes of any evaluation or selection committee shall be limited to protest based upon
deviation(s) from established purchasing procedures set forth by FSA policy and procedures and
specification, requirements and/or terms set forth in any bid.
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FLORIDA SHERIFFS ASSOCIATION
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(1) Any protest concerning the bid specifications, requirements, and/or terms must be made within
three (3) business days (for the purpose of this section “business day” means a day other than
Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at
least two (2) business days prior to the opening of the bid. Such protest must be made in writing to
the contract administrator or his or her designee and such protest shall state the particular grounds
on which it is based and shall include all pertinent documents and evidence. No protest shall be
accepted unless it complies with the requirements of this section. Failure to timely protest bid
specifications, requirements and /or terms is a waiver of the ability to protest the specifications,
requirements and/or terms.
(2) Any protest after the bid opening, including challenges to actions of any evaluation or selection
committee as provided in subsection (a) above shall be submitted in writing to the contract
administrator, or his or her designee. FSA will allow such bid protest to be submitted anytime until
two (2) business days following the release of the contract administrator’s written recommendation
to the FSA for award of the bid in question. Such protest shall state the particular grounds on which
it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it complies with the requirements
of this section. All actual bidders shall be notified in writing (which may be transmitted by electronic
communication, such as facsimile transmission and/or e-mail), following the release of the contract
administrators written recommendation to the FSA.
(b) Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order
based on an oral or written quotation may protest to the FSA Contract Administrator or his or her
designee anytime during the procurement process, up to the time of the award of the purchase order,
but not after such time, Such protest shall be made in writing and state the particular grounds on which it
is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless
it complies with the requirements of this section.
(c) The FSA may request reasonable reimbursement for expenses incurred in processing any protest
hereunder, which expenses shall include , but not limited to staff time, legal fees and expenses (including
expert witness fees), reproduction of documents and other out of pocket expenses.
(d) Authority to resolve protest. The contract administrator or his or her designee shall have the authority to
settle and resolve a protest concerning the solicitation or award of the bid.
(e) Responsiveness. Prior to any decision being rendered under this section with respect to a bid protest, the
contract administrator and the FSA legal counsel, or their respective designees, shall certify whether the
submission of their bidder to the bid in question is responsive. The parties to the protest shall be bound
by the determination of the contract administrator and the FSA legal counsel with regard to the issue of
responsiveness.
(f) Decision and appeal procedures. If the bid protest is not resolved by mutual agreement, the contract
administrator and FSA Legal counsel, or their respective designees, shall promptly issue a decision in
writing. The decision shall specifically state the reasons for the action taken and inform the protestor of
his or her right to challenge the decision.
(g) Any person aggrieved by any action or decision of the contract manager, FSA legal counsel, or their
respective designees, with regard to any decision rendered under this section may file an appeal. See
1.38(h). REV 02/12/2015 b Page 10
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(h) All appeals arising under or relating to this Agreement are to be settled by binding arbitration in the State
of Florida. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a
notice to FSA within 72 hours of the FSA bid protest decision regarding their intent to request arbitration.
A demand for arbitration with the American Arbitration Association’s (AAA) commercial panel under its
rules and regulations must be made within 10 days of the FSA bid protest decision.
Any person who files for arbitration with the AAA shall post with the Florida Sheriffs Association at the
time of filing the formal written arbitration request, a bond, cashier’s check or money order payable to
the Florida Sheriffs Association in the amount equal to $5,000.00. Failure to provide written notice to
FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security
requirement within the specified timelines shall constitute a waiver of arbitration proceedings.
If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of
the prevailing party. However, if the filing party prevails, the parties shall share equally the fees and
expenses of the arbitration and AAA bear the cost of their own attorney fees. For the purpose of
arbitration, the filing party shall not stay the implementation of the bid award by the Florida Sheriffs
Association.
(i) The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules
of the American Arbitration Association. Any decision or award as a result of any such arbitration
proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall
include the assessment of cost and expenses, and reasonable attorneys’ fees. Any such arbitration shall
be conducted by an arbitrator experienced in the industry and shall include a written record of the
arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or
affiliated with a competing organization or entity.
Any action not brought in good faith shall be subject to sanction’s including damages suffered by the FSA
and the legal counsel’s fees incurred by the FSA in defense of such wrongful action.
(j) Distribution. A copy of each decision by the contract administrator and the FSA Legal counsels shall be
mailed or otherwise furnished immediately to the protestor.
(k) Stay of procurements during protest. In the event of a timely protest under this section, the contract
administrator shall not proceed further with the solicitation or with the award pursuant to such bid
unless a written determination is made by the FSA Executive Director or his or her designee, that the
award must be made without delay in order to protect a substantial interest of the FSA.
(l) The institution and filing of a protest under this article is an administrative remedy that shall be employed
prior to the institution and filing of any civil action against the FSA concerning the subject matter of
protest.
(m) Protest not timely made under this section shall be barred. Any basis or ground for a protest not set
forth in the letter of protest required under this section shall be deemed waived.
(n) At the time of the contract administrator’s recommendation for award a bid is presented at a meeting
with the FSA Executive Director, or his or her designee shall report any legal issues relative to any bid
protest filed in connection with the bid in question.
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(o) The determination of the contract administrator and the FSA legal counsel with regards to all procedural
and technical matters shall be final.
1.39 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of
the specifications or other Bid documents or any part thereof, the Bidder must submit to the FSA
Contract Specialist at least ten (10) calendar days prior to scheduled Bid opening, a request for
clarification. All such requests for clarification must be made in writing and the person submitting the
request will be responsible for its timely delivery.
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the FSA. The FSA
shall issue an Informational Addendum if clarification or minimal changes are required.
The FSA shall issue a Formal Addendum if substantial changes which impact the technical submission of
Bids are required. In the event of conflict with the original Contract Documents, Addendum shall govern
all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior
addendum only to the extent specified.
The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space
provided on the Bid Form. Failure to acknowledge Addendum shall deem its Bid non-responsive;
provided, however, that the FSA may waive this requirement in its best interest. The FSA will not be
responsible for any other explanation or interpretation made verbally or in writing by any other FSA
representative.
1.40 DEMONSTRATION OF COMPETENCY
Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be
considered from firms which are regularly engaged in the business of providing the goods and/or services
as described in this Bid.
Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial support, equipment and organization to ensure they can satisfactorily execute
the services if awarded a contract under the terms and conditions herein stated.
The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and
well established company in line with the best business practices in the industry and as determined by
the FSA.
The FSA may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder, including past performance (experience) with the FSA in making the award in the
best interest of the FSA.
The FSA may require Bidders to show proof that they have been designated as authorized representatives
of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also
require material information from the source of supply regarding the quality, packaging, and
characteristics of the products to be supplied to the FSA through the designated representative. Any
conflicts between this material information provided by the source of supply and the information
contained in the Bidder's Bid may render the Bid non-responsive. REV 02/12/2015 b Page 12
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The FSA may, during the period that the Contract between the FSA and the successful Bidder is in force,
review the successful Bidder's record of performance to insure that the Bidder is continuing to provide
sufficient financial support, equipment and organization as prescribed in this Solicitation.
Irrespective of the Bidder's performance on contracts awarded to it by the FSA, the FSA may place said
contracts on probationary status and implement termination procedures.
If the FSA determines that the successful Bidder no longer possesses the financial support, equipment
and organization which would have been necessary during the Bid evaluation period in order to comply
with this demonstration of competency section.
1.41 DETERMINATION OF AWARD
The FSA shall award the contract to the lowest and best bidder. In determining the lowest and best
bidder, in addition to price, there shall be considered the following:
• The ability, capacity and skill of the bidder to perform the Contract.
• Whether the bidder can perform the Contract within the time specified, without delay or
interference.
• The character, integrity, reputation, judgment, experience and efficiency of the bidder.
• The quality of performance of previous contracts.
• The previous and existing compliance by the bidder with laws and ordinances relating to the
Contract.
1.42 ASSIGNMENT
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including
any or all of its right, title or interest therein, or his or its power to execute such contract to any person,
company or corporation without prior written consent of the FSA.
1.43 LAWS, PERMITS AND REGULATIONS
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and
shall comply with all laws, ordinances, regulations and building code requirements applicable to the work
contemplated herein.
1.44 ELIMINATION FROM CONSIDERATION
This bid solicitation shall not be awarded to any person or dealer who is in arrears to the FSA upon any
debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the FSA. REV 6/14
1.45 WAIVER OF INFORMALITIES
The FSA reserves the right to waive any informalities or irregularities in this bid solicitation.
1.46 ESTIMATED QUANTITIES
Estimated quantities or estimated dollars, if provided, are for FSA guidance only. No guarantee is
expressed or implied as to quantities or dollars that will be used during the contract period. The FSA is
not obligated to place any order for a given amount subsequent to the award of this bid solicitation. REV 02/12/2015 b Page 13
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Estimates are based upon the FSA's actual needs and/or usage during a previous contract period. The FSA
for purposes of determining the low bidder meeting specifications may use said estimates.
1.47 COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or bid for any
contract, such bids or bids shall be presumed to be collusive.
The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership,
control and management of such related parties in the preparation and submittal of such bids or bids.
Related parties mean bidders or proposers or the principals thereof which have a direct or indirect
ownership interest in another bidder or proposer for the same contract or in which a parent company or
the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in
another bidder or proposer for the same contract. Bids or bids found to be collusive shall be rejected.
Bidders or Proposers who have been found to have engaged in collusion will be considered non-
responsible, and will be suspended or barred, and any contract resulting from collusive bidding will be
terminated for default.
1.48 REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person requiring an
accommodation at the Bid opening because of a disability must contact the FSA Human Resources at
(850) 877-2165.
1.49 GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee,
or agent of the FSA, for the purpose of influencing consideration of this bid.
1.50 SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be
deemed accepted upon approval by the FSA and in case of default on the part of successful bidder or
contractor, after such acceptance, the FSA may procure the items or services from other sources and hold
the bidder or contractor responsible for any excess cost occasioned or incurred thereby.
1.51 BID CLARIFICATION
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or
facsimile to the Florida Sheriffs Association, Cooperative Bid Coordinator 1st Floor, 2617 Mahan Drive,
Tallahassee FL 32308 or by e-mail to: bkeillor@flsheriffs.org with a copy to dterpak@flsheriffs.org with
the bid title/number shall be referenced on all correspondence. All questions must be received no later
than ten (10) calendar days prior to the scheduled bid opening date.
All responses to questions/clarifications will be sent to all prospective bidders in the form of an
addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
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1.52 TIE BIDS
Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids,
preference will be given to vendors certifying that they have implemented a drug free work place
program. A certification form will be required at the time of Bid submission.
1.53 PUBLIC ENTITY CRIMES (PEC)
In accordance with the Public Entity Crimes Act (Section 287.133) a person or affiliate who has been
placed on the convicted vendor list maintained by the State of Florida Department of Management
Services following a conviction for public entity crimes may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
1.54 DETERMINATION OF RESPONSIVENESS
Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be
deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in
their Bid.
1.55 DELIVERY TIME
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each
item.
1.56 CONE OF SILENCE
This invitation to bid is subject to the "Cone of Silence" in accordance with FSA policy. During this period
all questions / communication will only be accepted in writing directly to the contract administrator. All
questions and communication and their associated responses will be posted to the FSA website.
1.57 RIGHT TO AUDIT
Contractor shall establish and maintain a reasonable accounting system that enables Florida Sheriffs
Association (hereafter known as ‘FSA’) to readily identify Contractor’s Sales.
FSA and its authorized representatives shall have the right to audit, to examine, and to make copies of or
extracts from all financial and related records (in whatever form they may be kept, whether written,
electronic, or other) relating to or pertaining to this Contract or Agreement and all government sales and
eligible users info for review and kept by or under the control of the Contractor, including, but not limited
to those kept by the Contractor, its employees, agents, assigns, successors, and subcontractors. Such
records shall include, but not be limited to, accounting records, written policies and procedures;
subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); all paid
vouchers including those for out-of-pocket expenses; other reimbursement supported by invoices;
ledgers; cancelled checks; deposit slips; bank statements; journals; original estimates; estimating work
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sheets; contract amendments and change order files; back charge logs and supporting documentation;
insurance documents; memoranda; and correspondence.
Contractor shall, at all times during the term of this Contract or Agreement and for a period of Three (3)
years after the completion of this Contract or Agreement, maintain such records, together with such
supporting or underlying documents and materials.
The Contractor shall at any time requested by FSA, whether during or after completion of this Contract or
Agreement, and at Contractor’s own expense make such records available for inspection and audit
(including copies and extracts of records as required) by FSA. Such records shall be made available to FSA
(subject to a three day written notice) during normal business hours.
FSA at their option may select the Contractor’s office, place of business or offsite location for the audit;
and/or option to have the contractor provide financial records, together with the supporting or
underlying documents and records, via e-mail or phone for audit at a time and location that is convenient
for FSA.
Contractor shall ensure FSA has these rights with Contractor’s employees, agents, assigns, successors,
and subcontractors and the obligations of these rights shall be explicitly included in any subcontracts or
agreements formed between the Contractor and any subcontractors to the extent that those
subcontracts or agreements relate to fulfillment of the Contractor’s obligations to FSA.
Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will
be borne by FSA unless certain exemption criteria are met. If the audit identifies under reporting,
overpricing or overcharges (of any nature) by the Contractor to FSA in excess of three (3) percent (3%) of
the total contract billings, the Contractor shall reimburse FSA for the total costs of the audit not to exceed
$5,000.00. If the audit discovers substantive findings related to fraud, misrepresentation, or non-
performance, FSA may recoup all the costs of the audit work from the Contractor.
Any adjustments and/or payments that must be made as a result of any such audit or inspection of the
Contractor’s invoices and/or records shall be made within a reasonable amount of time (not to exceed 90
days) from presentation of FSA’s findings to Contractor.
1.58 TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely
manner, or otherwise violate any of the covenants, agreements, or stipulations material to the
Agreement, the FSA shall thereupon have the right to terminate the services then remaining to be
performed by giving written notice to the successful bidder of such termination which shall become
effective upon receipt by the successful bidder of the written termination notice.
In that event, the FSA shall compensate the successful bidder in accordance with the Agreement for all
services performed by the bidder prior to termination, net of any costs incurred by the FSA as a
consequence of the default.
Notwithstanding the above, the successful bidder shall not be relieved of liability to the FSA for damages
sustained by the FSA by virtue of any breach of the Agreement by the bidder, and the FSA may
reasonably withhold payments to the successful bidder for the purposes of set off until such time as the
exact amount of damages due the FSA from the successful bidder is determined. REV 02/12/2015 b Page 16
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1.59 TERMINATION FOR CONVENIENCE OF FSA
The FSA, for its convenience, can terminate the contract in whole or part without cause by giving written
notice to the contractor of such termination, which shall become effective thirty (30) days following
receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials
shall be properly delivered to the FSA.
The contractor shall not furnish any product after it receives the notice of termination, except as
necessary to complete the continued portion of the contract, if any. The contractor shall not be entitled
to recover any lost profits that the contractor expected to earn on the balanced of the Agreement or
cancellation charges.
Any payments to the contractor shall be only to the total extent of the FSA liability for goods or services
delivered prior to the date of notice to terminate the contract.
1.60 INSURANCE AND INDEMNIFICATION: (See Insurance Check List for applicability to this contract)
Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and
shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating
agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name
and description, including legal counsels’ fees, arising from or relating to personal injury and damage to
real or personal tangible property alleged to be caused in whole or in part by bidder, its agents,
employees, partners, or subcontractors; provided, however, that the bidder shall not indemnify for that
portion of any loss or damages proximately caused by the negligent act or omission of the Florida Sheriffs
Association, and participating agencies.
Contractor’s obligations under the above paragraph with respect to legal action are contingent upon the
Florida Sheriffs Association, participating agencies giving the bidder (1) written notice of any action or
threatened action, (2) the opportunity to take over and settle or defend any such action at bidder’s sole
expense. Contractor shall not be liable for any cost, expense or compromise incurred by the Florida
Sheriffs Association, or participating agencies in any legal action without bidder’s prior written consent,
which shall not be unreasonably withheld.
The contractor shall be responsible for his work and every part thereof, and for all materials, tools,
appliances and property of every description, used in connection with this particular project. He shall
specifically and distinctly assume, and does so assume, all risks of damage or injury to property or
persons used or employed on or in connection with the work and of all damage or injury to any person or
property wherever located, resulting from any action or operation under the contract or in connection
with the work. It is understood and agreed that at all times the contractor is acting as an independent
contractor.
The contractor, at all times during the full duration of work under this contract, including extra work in
connection with this project shall meet the following requirements:
Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or
hired automobiles and equipment used in connection with the work.
No material change or cancellation in insurance shall be made without thirty (30) days written notice to
the FSA Contract Manager. REV 02/12/2015 b Page 17
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All insurance policies shall be issued by companies authorized to do business under the laws of the State
of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide,
latest edition.
Original signed Certificates of Insurance, evidencing such coverage’s and endorsements as required
herein shall be filed with and approved by the FSA Contract Manager before work is started.
The certificate must state Bid Number and Title. Upon expiration of the required insurance, the
contractor must submit updated certificates of insurance for as long a period as any work is still in
progress.
It is understood and agreed that all policies of insurance or self-insurance provided by the contractor are
primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting
from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage from the first
dollar of exposure.
The liability insurance coverage shall extend to and include the following contractual indemnity and hold
harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the FSA, a 501c3, its officers, agents, and
employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for
each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00
for each occurrence per the insurance requirement under the specifications including costs of
investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals
arising out of any such claims or suits because of any and all acts of omission or commission of any by the
contractor, his agents, servants, or employees, or through the mere existence of the project under
contract".
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits
arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as
determined by a court of competent jurisdiction.
The contractor will notify his insurance agent without delay of the existence of the Hold Harmless
Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the
insurance agent or carrier.
The contractor will obtain and maintain contractual liability insurance or self insurance in adequate limits
for the purpose of protecting the contractor and FSA under the Hold Harmless Agreement.
The contractor will secure and maintain policies of subcontractors. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance shall not relieve the contractor
and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract.
Insurance coverage required in these specifications shall be in force throughout the contract term. Should
any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of
written notice at any time during the contract term, the FSA shall have the right to consider the contract
breached and justifying the termination thereof. If bidder does not meet the insurance requirements of REV 02/12/2015 b Page 18
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the specifications; alternate insurance coverage, satisfactory to the FSA Contract Manager, may be
considered.
It is understood and agreed that the inclusion of more than one insured under these policies shall not
restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim
or suit by another insured hereunder or an employee of such other insured and that with respect to
claims against any insured hereunder, other insured’s hereunder shall be considered members of the
public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out
of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured
hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is
made or suit is filed.
1.61 MODIFICATION/WITHDRAWALS OF BIDS
A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until
the bid due date and time.
Modifications received after the bid due date and time will not be considered.
Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or
after expiration of 120 calendar days from the opening of Bids without a contract award.
Letters of withdrawal received after the bid due date and before said expiration date and letters of
withdrawal received after contract award will not be considered.
1.62 EXCEPTIONS TO BID:
Bidders are strongly encouraged to thoroughly review the qualification requirements set forth in this ITB,
specifically the minimum specifications found in Section 3, identified by the words "must", "shall", and
"will". Bidders who fail to satisfy the requirements set forth, may be deemed nonresponsive and receive
no further consideration.
Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this ITB
and you are proposing alternatives to said requirements, you must notify the FSA Cooperative Bid
Coordinator’s Office in writing at least five (5) days prior to the deadline for submission of bids. The FSA
reserves the right to revise the scope of services via addendum prior to the deadline for receipt of bids.
1.63 WARRANTY OF AUTHORITY:
Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the
respective party to the Contract.
1.64 WARRANTY OF ABILITY TO PERFORM:
The Contractor warrants that, to the best of his or her knowledge, there is no pending or threatened
action, proceeding, or investigation, or any other legal or financial condition, that would in any way
prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations.
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The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list
maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any
other state or the federal government. See 1.53. The Contractor shall immediately notify the FSA and
Customer in writing if its ability to perform is compromised in any manner during the term of the
contract.
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SPECIAL CONDITIONS – 2.0
2.0 Purpose
2.1 Term of Contract
2.2 Estimated Quantities
2.3 Sheriff as County Constitutional Officer
2.4 Cooperative Purchasing
2.5 Funding
2.6 Definitions
2.7 Eligible Customers of Contract
2.8 Method of Award
2.9 Workshops – Tire Contract/Specifications
2.10 Pre-Bid Conference
2.11 Contact Person
2.12 Communications
2.13 Prices Shall Be Fixed and Firm
2.14 Option to Renew with Price Adjustment
2.15 References
2.16 Bidder Qualifications
2.17 Late Bids
2.18 Exceptions to Specifications
2.19 Complete Information Required on Bid Form
2.20 Customer Service
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2.0 PURPOSE
The Florida Sheriffs Association, invites interested manufacturers and manufacturers authorized dealers
to submit responses in accordance with these solicitation documents. The Florida Sheriffs Association will
serve as the “Contract Administrator” in the solicitation process and the administration of the resulting
contract. The purpose of this bid is to establish a twenty four (24) month contract, beginning March 1,
2015 and ending March 31, 2016, with manufacturer’s authorized dealers for the purchase of tires and
related services.
Trade-ins are not addressed in this contract. If an agency has a desire to offer tires for trade or
recycling to the dealer, the agency and dealer may do so at their sole discretion, separate and apart
from this contract.
2.1 TERM OF CONTRACT
This contract shall remain in effect for twenty four (24) months from date of contract execution by the
FSA Contract Administrator, and may be renewed by mutual agreement, at the sole option and discretion
of the FSA, for up to two (2) additional years, on a month to month or year to year basis. SEE 2.31 PRICES
SHALL BE FIXED AND FIRM for details on pricing.
Contract extensions will only be executed when conditions indicate it is in the best interest of the FSA and
the customers.
In the event that the contract is held beyond the term herein provided it shall only be from a month-to-
month basis only and shall not constitute an implied renewal of the contract. Said month to month
extension shall be upon the same terms of the contract and at the compensation and payment provided
herein.
2.2 ESTIMATED QUANTITIES (Tires and related Services)
Estimated quantities or total sales based on units are not available at the time this document was
prepared.
2.3 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER:
The Offices of the Sheriff of the State of Florida are constitutional offices of the State of Florida. Each has
the authority either individually or collectively to execute contracts for all goods and services for the
proper conduct of that office. Section 30.53, Florida Statutes, exempts the Sheriff’s Offices from the
provisions of the Florida Statute requiring among other things, sealed and competitive bids procedures.
It is our practice to give consideration to the prices offered, but the Office of the Sheriff is not required by
law to accept the lowest priced proposal and may reject any or all of the proposals without recourse.
Nothing in this proposal in any way obligates the participating Sheriff’s Offices for any payment for any
activity or costs incurred by any vendor in responding to this proposal.
2.4 COOPERATIVE PURCHASING
Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may
be permitted to make purchases at the terms and conditions contained in section 2.7 Eligible Customers
of Contract. REV 02/12/2015 b Page 22
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Non-Customer purchases are independent of the agreement between Customer and Contractor, and
Customer shall not be a party to any transaction between the Contractor and any other purchaser.
2.5 FUNDING
Funds expended for the purposes of the contract must be appropriated by the individual participating
agency for each fiscal year included within the contract period. Therefore, the contract shall automatically
terminate without penalty or termination of costs if such funds are not appropriated.
2.6 DEFINITIONS
The following terms are defined as the following
(a) “Contract Administrator” means the Florida Sheriffs Association in its role in administering the
solicitation and contract administration process for the Florida Sheriffs Association and the
Florida Association of Counties.
(b) “Fleet Management Advisory Committee (FMAC)” means an employee of Sheriffs Offices and
other local governmental agencies in the State of Florida and/or any other person who FSA
identifies as subject matter expert who will assist with the development of bid specifications and
evaluation of bid responses.
(c) “Contractor” means the bidder that has been awarded and agrees to sell tires and/or related
services, as contained in these specifications, which meet the requirements, specifications, terms
and conditions of this agreement, to eligible customers, as defined herein.
(d) “Authorized Dealer” means a Manufacturer’s certified representative authorized by the
Manufacturer to market, sell, and provide services as included in the bid award, if awarded.
Authorized Dealers may be Contractor owned and/or controlled, in whole, or in part
independently owned and controlled.
(e) “Customer” means an eligible customer as defined in 2.7
(f) “Bid” shall mean a competitive bid procedure established through the issuance of an invitation to
bid. The term “bid” as used herein, shall not include request for proposals, request for
qualifications, request for letters of interest, or the solicitation of purchase orders based on oral
or written quotations.
(g) “Tie Bid” means a low and best responsive bid from a responsive bidder that is identical price to
a responsive bid from another responsive bidder.
(h) “Bidder” means the entity that submits documentation to the FSA Contract Administrator in
accordance with these instructions.
(i) “Factory” refers to the manufacturer; the assembly line.
(j) “Dealer Option” a product or service provided by the dealer or other third party; not the factory.
(k) “Up fitter” An individual or business who installs non-factory options on a vehicle or equipment;
not the factory. REV 02/12/2015 b Page 23
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(l) “Sub-contractor or 3rd party” Refers to an individual or business firm contracting to perform part
or another’s entire contract.
(m) “MSRP(s)” means the Manufacturer’s Suggested Retail Price, which represents the
Manufacturer’s recommended retail selling price, list price, published price, or other usual and
customary price that would be paid by the purchaser.
(n) “Recognized MSRP” recognized MSRP occurs when an FSA requested option does not exist to the
base tire manufacturer and model as a free flow option contained in the manufacturer’s order
guide. This MSRP is generated by the creation of a new model that includes the requested FSA
option content.
2.7 ELIGIBLE CUSTOMERS OF CONTRACT REV 8/14
Bids will be extended and guaranteed to any and all units of local governments/political subdivisions
including but not limited to county, local county board of public instruction, municipalities and/or police
agencies, other local public or public safety agencies or authorities within the State of Florida, and the
state universities and colleges. In addition, bids will be extended and guaranteed to any other entities
approved by manufacturers to participate in this contract. The participating agencies cannot guarantee
any order other than those ordered through each individual agency.
All agencies are bound by their local governing purchasing ordinances, rules and regulations and shall
apply to purchases made under this contract. All contractor/dealers are governed by their manufacturer’s
agreement. See also 2.5 Funding.
The State of Florida, Department of Management Services, Division of State Purchasing administers
statewide contracts and agreements for use by Florida State agencies, local governments, educational
institutions, and other entities as defined in 60A-1.005, Florida Administrative Code.
Out of State Sales are permitted under this contract however, again ALL agencies are bound by their local
governing purchasing ordinances, rules and regulations and shall apply to purchases made under this
contract. All contractor/dealers are governed by their manufacturer’s agreement. All contractor/dealers
referencing this contract for the purpose of facilitating sales (purchase authority) outside the State of
Florida must accept the terms and conditions of this contract. See 3.60 FSA Administrative Fees for all
specifications and 3.61 Contracting dealers activity reports and schedule and fee deposit requirements.
2.8 METHOD OF AWARD
Award of this contract will be made to a primary bidder.
The FSA reserves the right to make multiple awards if deemed in the best interest of the FSA. See 3.11
Basis for Award.
2.9 WORKSHOPS
ALL prospective bidders are required to attend ALL MANDATORY* tire and/or related workshop(s) as
scheduled. At this time prospective bidders will have the opportunity to offer input and
recommendations regarding the content of the bid specification and to meet with committee members to
answer any questions relative to this invitation to bid. Any suggested modifications may be presented in
writing or discussed with the advisory committee at this meeting and may be considered in formulating
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Prospective bidders should check the website periodically for any addendums to the solicitation
documents.
*FSA reserves the right to grant exceptions based on the dealer/bidder has met all requirements as an approved vendor and agrees
to sign a memo of understanding (MOU) that they understand all of the terms and conditions of the bid and agree to meet all of the
terms and conditions without exception and further waive their right to protest any portion of the bid process.
2.10 PRE-BID CONFERENCE Rev 6/14
ALL prospective bidders are required to attend the MANDATORY* Pre-Bid conference per the published
schedule. At this meeting the bid specifications will be discussed and it is the final opportunity for
prospective bidders to make any last request for modification, corrections, or addressing other concerns
relating to the bid or the process.
*FSA reserves the right to grant exceptions based on the dealer/bidder has met all requirements as an approved vendor and agrees
to sign a memo of understanding (MOU) that they understand all of the terms and conditions of the bid and agree to meet all of the
terms and conditions without exception and further waive their right to protest any portion of the bid process.
2.11 CONTACT PERSON Rev 6/14
The contact person for this Bid is - See 1.0
2.12 COMMUNICATIONS
Communications between a proposer, bidder, lobbyist or consultant and FSA is limited to matters of
process or procedure. Requests for additional information or clarifications must be made in writing to the
FSA Contract Administrator no later than Ten (10) calendar days prior to the scheduled Bid opening date.
The FSA will issue replies to inquiries and any other corrections or amendments it deems necessary in
written addenda issued prior to the deadline for responding to the Bid.
Bidders should not rely on representations, statements, or explanations other than those made in this Bid
or in any written addendum to this Bid. Bidders should verify with the FSA Contract Administrator prior to
submitting a bid that all addenda have been received. See General Condition 1.56 entitled “Cone of
Silence” which sets forth the policies and procedures relative to oral and written communications.
2.13 PRICES SHALL BE FIXED AND FIRM
If the bidder is awarded a two (2) year contract under this bid solicitation, the prices quoted by the bidder
on the Bid Forms shall remain fixed and firm during each 12 month period of this two (2) year
contract. Bidder has the right to submit updated pricing for the second 12 month period under this
agreement.
Any Manufacturer requesting adjustments or modification to the pricing during the second 12 month
period should refer to 2.14 OPTION TO RENEW WITH PRICE ADJUSTMENT for guidelines and instructions
on how to submit the proper request.
2.14 OPTION TO RENEW WITH PRICE ADJUSTMENT
The contract could be extended for an additional two (2) years, on a year to year basis, if mutually agreed
by upon both parties. Prior to completion of each exercised contract term, the FSA may consider an REV 02/12/2015 b Page 25
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adjustment to price due to increases or decreases on the Consumer Price Index; but in no event will the
prices be increased or decreased by a percentage greater than the percentage change reflected in the
Nationally published Consumer Price Index-Goods and Services, computed 60 days prior to the
anniversary date of the contract.
It is the vendor’s responsibility to request any pricing adjustment under this provision. For any adjustment
to commence on the first day of any exercised option period, the vendor's request or adjustment should
be submitted 60 days prior to expiration of the then current contract term.
The vendor adjustment request must clearly substantiate the requested increase. If no adjustment
request is received from the vendor, the FSA will assume that the vendor has agreed that the optional
term may be exercised without pricing adjustment. Any adjustment request received after the
commencement of a new option period will not be considered.
The FSA reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-
advertise for bids, whichever is in the best interest of the FSA.
2.15 REFERENCES
Bidders shall furnish the names, addresses, telephone numbers, and address of a minimum of five (5)
firms or government organizations for which the Contractor is currently providing or has provided similar
services on company letterhead. Two (2) of the references must be government related. A dealer
participating for the first time in government fleet sales/bidding may be considered exempt if they can
demonstrate they have the appropriate facility, staffing and financial resources to support the contract
should they receive an award. See 2.16 Bidder Qualifications.
2.16 BIDDER QUALIFICATIONS
In order for bids to be considered, new bidders to the Florida Sheriffs Cooperative Contract must submit
with their bid, evidence that they are qualified to satisfactorily perform the specified service. Evidence
shall include all information necessary to certify that the bidder maintains a permanent place of business;
is an authorized distributor of the items specified in their proposal; has not had just or proper claims
pending against him or his firm; and has provided similar type products. The evidence will consist of listing
of contracts for similar services that have been provided to public and private sector clients, within the
last three (3) years, and letter from the manufacturer that bidder is an authorized distributor for the
proposed manufacturer. See 3.8 Submittal of Bid.
2.17 LATE BIDS
At time, date, and place indicated in the published bid schedule, the bids will be opened. Any bid(s)
received after time and date specified will be rejected by the FSA and all documentation will be returned
to the bidder unopened. The responsibility for submitting a bid before the stated time and date is solely
and strictly the responsibility of the bidder/proposer. The FSA is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
2.18 EXCEPTIONS TO SPECIFICATIONS
Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid to be considered non-
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2.19 COMPLETE INFORMATION REQUIRED ON BID FORM
All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid,
the ORIGINAL AND ONE (1) COPY of the Bid Form pages and all required submittal information must be
returned, properly completed and sealed envelope as outlined in the first paragraph of General
Conditions.
2.20 CUSTOMER SERVICE
Excellent customer service is the standard of the FSA. As contractors of the FSA, all employees will be
required to adhere to the FSA's "Service Excellence" standards and expected to conduct themselves in a
professional, courteous and ethical manner in all situations.
The successful bidder's employees must work as a cooperative team of well-trained professionals, and
must serve the public with dignity and respect. All business transactions with the FSA will be conducted
with honesty, integrity, and dedication.
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SPECIAL CONDITIONS – 3.0
3.1 Amendments to Solicitation Documents
3.2 Additions and Deletions
3.3 Specification Exceptions, Omissions or Errors
3.4 Option Pricing
3.5 Requests for Additional Information or Clarification
3.6 Financial Responsibility
3.7 Collusion
3.8 Submittal of Bid
3.9 Bid Opening and Electronic Posting of Notice of Intended Award
3.10 Bid Evaluation Criteria
3.11 Basis for Award
3.12 Bid Withdrawal
3.13 Zone Bidding
3.14 Approved Equivalents
3.15 Identical Tie Bids
3.16 Tax Exemptions
3.17 Best Commercial Practices
3.18 Delivery
3.19 Protest and Arbitration See 1.38.01
3.20 Licensing/Facilities
3.21 Non-performance
3.22 – 3.50 Intentionally left Blank
3.51 Factory Installed
3.52 Equitable Adjustment
3.53 Pre-Delivery services
3.54 Order, Delivery and Liquidated Damages REV 8/14
3.55 Quantity Discounts
3.56 Acceptance
3.57 Invoicing and Payments
3.58 Inadequate Services
3.59 Warranty, Repairs and Service
3.60 FSA Administrative Fees for All Specifications
3.61 Contracting Dealers’ Activity Reports and Schedule and Fee Deposit Requirements
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3.1 AMENDMENTS TO SOLICITATION DOCUMENTS
The Contract Administrator retains the right to issue amendments to the solicitation as appropriate and
necessary. Notice of any amendment will be posted on the FSA Purchase program website. Bidders are
responsible for monitoring the website for new or updated information concerning the bid.
3.2 ADDITIONS AND DELETIONS
The FSA reserves the right to add or delete any items from this bid or resulting contract(s) when deemed
to be in the best interest of FSA and the participating eligible users.
The FSA reserves the right to add Manufacturer lines and brands to the contract as they become available
and are not in conflict with any other awarded dealer representing or competing with the same
manufacturer and brand.
3.3 SPECIFICATION EXCEPTIONS, OMISSIONS OR ERRORS
Specifications are based on the most current manufacturer literature available. Bidders should
immediately notify the Contract Administrator of any defects in the specifications or required submittal
documents. All notifications of defect must be in writing and timely submitted.
Bidders are required to indicate in their bid submissions those options which require additional
equipment or model upgrade to obtain the original option. Bidder must also identify those options that
are available as a part of a package or group. The factory codes listed in the “Prices” section of the Special
conditions must be used.
Failure of a bidder to comply with these provisions will result in bidders being held responsible for all cost
required to bring the tire(s) into compliance with the contract specifications.
3.4 OPTION PRICING
The bidder shall offer a discount which shall be at or below Manufacturer’s Standard Retail Pricing (MSRP)
or manufacturers published catalog price for any factory add options included in the bid submission and
in resulting customer orders, if awarded. The amounts of discounts for each particular add option shall be
decided by the bidder.
3.5 REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION
Bidders are encouraged to examine the specifications carefully. In case doubt should arise as to the
meaning or intent of any items contained in the specifications, inquiry should be made to the FSA
Contract Administrator prior to the release of the bid dicuments. Telephone clarifications will not be
accepted, and no clarification will be accepted after the date listed in the Bid Calendar. ALL request for
information from bidders and FSA responses will be will be posted on the FSA Purchasing Program
website by the date listed on the Bid Calendar.
The submission of a bid shall indicate that the bidder thoroughly understands the terms of the
specifications.
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3.6 FINANCIAL RESPONSIBILITY
Bidder affirms by his or her signature on the contract signature page that he or she:
• Has fully read and understands the scope, nature, and quality of work to be performed or the services
to be rendered under this bid, and has the adequate facilities and personnel to fulfill such
requirements;
• Accepts the financial responsibility associated with this bid, and declares that he or she has the access
to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such
award.
• In assessing financial responsibility, contractor shall consider items such as the specifications bid and
the quantity of specifications bid, as well as timing of payment from customers, which can be 45 days
from receipt of invoice.
• Assumes full responsibility that all tire(s) or related service delivered to the customer are free and
clear of all outside liens, encumbrances, security interests apart from the dealer floor plan or other
dealer inventory finance security interest.
3.7 COLLUSION
Dealerships and their representatives may submit multiple bids without conflict of “Collusion” as long as
the bid submitted is not from the same manufacture and product line. Dealerships which share the same
ownership may submit multiple bids also without conflict of collusion as long as the bidders are not in the
same region, with the same manufacturer and product line. See 1.47 Collusion.
3.8 SUBMITTAL OF BID – See Section 4.6
3.9 BID OPENING AND ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD
Bids will be opened on the date and time indicated in the Bid Calendar and will be evaluated thereafter.
Although prices will not be read, bidders may attend, but it is not a requirement.
The FSA Cooperative Bid Coordinator will electronically post the initial bid tabulation results and any and
all awards on the FSA purchasing website according to the time outlined in the Bid Calendar.
If the posting of the initial bid tabulation results is delayed, in lieu of posting the notice on the date
indicated on the Bid Calendar, the FSA Cooperative Bid Coordinator will post a notice of the delay and a
revised date for posting of results.
3.10 BID EVALUATION CRITERIA
Eligible responsive bids will be evaluated to determine if all contract bid requirements are met. Bids that
do not meet all contract requirements of this solicitation or fail to provide all required information,
documents, or materials may be rejected as nonresponsive.
Bidder must have the necessary facilities, personnel and expertise, and must be prepared, if requested by
the FSA Contract Administrator, to present evidence of such experience.
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The FSA Contract Administrator reserves the right to investigate or inspect at any time during the bid
award process and the contract period as to, whether the product, qualifications, or facilities offered by
Bidder meet the contract requirements.
Bidders whose bids, past performance, or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements of the contract may be rejected as non-
responsive. In determining past performance, the FSA Contract Administrator will give strong
consideration to the nature and number of complaints received from Customers regarding a previously
awarded dealer. The FSA Contract Administrator may use discretion in determining which bids meet the
contract requirements of this solicitation, and which respondents are responsive and responsible.
The FSA Contract Administrator may use discretion in accepting or rejecting any and all bids, or separable
portions thereof, and to waive any minor irregularity, technicality, or omission if determined that doing so
will serve the best interest of the local government agencies of the State of Florida. The FSA Contract
Administrator may reject any responses not submitted in the manner specified by solicitation documents
3.11 BASIS FOR AWARD
The FSA Contract Administrator shall award the bid to the lowest and best responsive bidder by
specification, by manufacturer and by zone (if applicable). The spirit and the intention of the FSA bid(s)
are to obtain the lowest cost for the Tire or related service which is representative of the FSA published
specification.
The FSA Contract Administrator shall award the bid to the lowest and best responsive bidder by
specification, by manufacturer and by zone to bidders who have met the qualifications based on facilities,
financial resources, and can demonstrate their ability to perform the work in a satisfactory manner.
Bidders, who routinely demonstrate significant deficiencies in providing excellent customer service during
the contract period prior to the issuance of this bid, may have their bid rejected or limited to the number
of regions they can be awarded in this bid cycle. For purpose of this contract the term “significant” as
determined by the Florida Sheriffs Association. In cases where the manufacturer is the core of the issue
then the dealer must provide evidence of timely communication to the complainant and the FSA.
Bidders are hereby advised that the FSA Contract Administrator may use discretion in rejecting any bid
proposal not considered to be competitive in nature based on the best pricing information available.
The FSA Contract Administrator may use discretion in rejecting any or all bids, in whole or in part, and/or
make or limit awards either as individual items or as a total combined bid, whichever they consider to be
in the best interest of the local governmental agencies of the State of Florida, and to waive any
informality in any proposal.
3.12 BID WITHDRAWAL
Bidder warrants by virtue of bidding the prices quoted in their bid response will be good for an evaluation
period of sixty (60) calendar days from the date of bid opening unless otherwise stated. Bidders will only
be allowed to withdraw their bids after the opening time and date at the discretion of the FSA Contract
Administrator and in the best interest of FSA.
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3.13 ZONE BIDDING – NOT APPLICABLE
3.14 APPROVED EQUIVALENTS
The term “Approved Equivalent” is used to allow a bidder to bid components or equipment that are equal
to the components or equipment described in the detailed specifications. The FSA Contract Administrator
shall have the sole authority to determine approved equivalents.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides
as to a standard of acceptable product quality level only and should not be construed as an endorsement
or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate
and verify that product(s) offered conform with or exceed quality as listed in the specifications.
If bidder offers a make or model of equipment or supplies other than those specified in the following, it
must so indicate in the bid submittal.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified
items offered requires complete descriptive technical literature marked to indicate detail(s) conformance
with specifications and MUST BE INCLUDED WITH THE BID. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer. NO BIDS WILL
BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the bid will be
considered as a bid in complete compliance with the specifications as listed on the attached form.
Dealers offering alternate makes, manufacturers of tires or related service not specifically identified in the
bid cannot utilize or publish the offering as an “OPTION” within the bid specification and detail.
3.15 IDENTICAL TIE BIDS
Whenever two or more bids which are equal with respect to price, quality and service are received for the
procurement of commodities or contractual services preference shall be given to businesses with
qualifying drug-free workplace programs. Refer to 1.52 Tie Bids.
In case of tie bids and both businesses have qualifying drug-free work programs, the award will be made
using the following criteria:
In the event the FSA is in the receipt of two (2) or more responsive bidders with Drug-Free Workplace
programs, the determination of the award shall be decided by the toss of a coin. All parties will be
notified prior to the coin toss of the date and time of the coin toss and may attend or select a
representative to attend (on their behalf) the coin toss at their discretion.
3.16 TAX EXEMPTIONS
All State and Federal tax exemptions applicable to the units of local government of the State of Florida will
apply, and appropriate certifications furnished. Customers shall comply with all federal, state and local
tax requirements.
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3.17 BEST COMMERCIAL PRACTICES
The apparent silence of this specification and any supplemental specifications as to any details or the
omission from it of a detailed description concerning any point shall be regarded as meaning that only the
best commercial practices, size, and design are to be used.
All workmanship is to be first quality. All interpretations of this specification shall be upon the basis of this
statement.
The intent of this solicitation is to provide for, promote and implement comprehensive fair, equitable and
open competition amongst all qualified perspective bidders/manufacturers. Nothing in the published
technical specifications is intended to prevent the use of systems, methods, devices or physical
characteristics that a manufacturer deems necessary to produce their end product to meet or exceed
Federal, State or local standards.
3.18 DELIVERY
All delivery expense/fees must be included in base price and prices shall be firm and are to be F.O.B.
Destination, delivered to the individual participating user agency. In the event of a discrepancy between a
unit bid price and an extension, the unit bid price will govern. All items delivered or installed at any
location of the participating agencies must include all manufacturer’s standard equipment and
warranties. (See also section 3.54B (6)). Agencies may option to waive the prescribed delivery process
and choose to facilitate delivery by taking receipt directly from the manufacturer’s facility.
3.19 PROTESTS AND ARBITRATION
Moved to 1.38.01
3.20 LICENSING/FACILITIES
Bidders are required to possess but not limited to, the following License Certificate allowing the
manufacturer or dealer to do business within the State of Florida as applicable. A License Certificate
issued by the State of Florida Department of Highway Safety and Motor Vehicles under the provisions of
section 320.60-320.70, Florida Statues to conduct and carry on business as a manufacturer of Tires in the
State of Florida. Bidders may be required to have some additional licenses
Contractors conducting sales outside the State of Florida using the FSA contract as a purchase authority
must be in possession of an equivalent license; issued within the state in which their facility resides and
allows for the manufacturing and sale of tires or related service to end users.
FSA Contract Administrator reserves the right to periodically request additional or updated information
from a dealer regarding the manufacturing, repair or warranty facility during the solicitation and the term
of the contract, if awarded. The FSA Contract Administrator may also exercise discretion in examining
such facility as deemed necessary.
3.21 NON-PERFORMANCE
Contractor shall at all times during the contract term remain responsive and responsible. In determining
Contractor’s responsibility as a vendor, the FSA Contract Administrator shall consider all information or
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evidence which is gathered or comes to the attention of the agency which demonstrates the Contractor’s
capability to fully satisfy the requirements of the solicitation and the contract.
Contractors that are not in compliance with any of the provisions of this contract may be fined (see
schedule of fines below), suspended and or terminated from the contract and future competitive bid
solicitations at the discretion of the FSA Contract Administrator.
In some instances, contractors may be required to develop corrective action plans to address contract
compliance. In situations where there is evidence the dealer, contractor, fleet sales manager or other
representative has demonstrated egregious breaches of the contract or trust to both with the FSA and the
customer, the contract will automatically be terminated and the dealer and their representative will be
removed from future solicitations for a period up to three (3) years.
Failure to abide by corrective action plans will result in the dealer and the dealer representative to be
terminated from the contract and future competitive bid solicitations at the discretion of the FSA Contract
Administrator.
Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept
orders during the contract period while manufacturer orders are still being accepted for current model
year and/or the new year if the tire(s) or related service is price protected by the factory, charging
amounts exceeding MSRP on factory installed items and packages, requiring the purchase of additional
options over and above the base tire as a condition of acceptance of order, providing aftermarket options
where factory options are available without the consent of the Customer, any misrepresentation of
optional equipment or service as being “factory” that fails to meet the definition as described in this
document, and any other practice deemed to be outside of the intent of the contract.
Any contractor, who is presented with a valid purchase order as a result of a bid award for this contract, is
required and bound by this contract to accept such purchase order(s) and deliver the product(s);
regardless if the tires or service is at a higher cost. The contractor must deliver this product or service
regardless of profit or loss based on their respective bid. Failure to deliver said product or service will
result in the ordering agency and the FSA seeking damages for the difference of cost to issue the exact
same order with another contractor plus any legal fees and damages that may be incurred in the process
to facilitate a completed order.
Line Item 3.22 to 3.50 Intentionally Left Blank
3.51 FACTORY INSTALLED
Aftermarket parts, modifications and factory produced parts and components ordered as parts and
installed by the dealer, or a Contractor, do not meet the requirements of “Factory Installed” components,
and will be rejected for noncompliance with the requirements of the specification.
In the event a tire(s) that does not meet the specifications is found to be installed on a vehicle before or
after the vehicle has been accepted by the customer, the Contractor shall be required to replace the
tire(s) with a tire that meets the required specifications, INCLUDING ALL FACTORY INSTALLED
COMPONENTS. In the alternative, the customer shall decide whether they will accept dealer installed
components.
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3.52 EQUITABLE ADJUSTMENT
The Contract Administrator may make an equitable adjustment in the contract terms or pricing in the
contract at its discretion. Adjustments to pricing may occur for various reasons, such as pricing or
availability of supply (i.e. material surcharge) is affected by extreme and unforeseen volatility in the
marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to
causes wholly beyond the contractor’s control, (2) the volatility affects the marketplace or industry, not
just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial,
and (4) the volatility so affects the contractor that continued performance of the contract would result in
a substantial loss.
When requesting an adjustment, including but not limited to price increases, the following must be
submitted to the Contract Administrator:
• A letter of request from the contractor, including the specification number and model listed in
the contract, along with the requested changes;
• When requested adjustment is based on production cutoff of a currently listed model, a letter of
affirmation from the manufacturer;
• When requested adjustment includes model changes, manufacturer’s documentation of items
included in the proposed model in order to determine that the proposed model meets the base
specification;
• Currently published MSRP Listing
3.53 PRE-DELIVERY SERVICES – Not applicable
3.54 ORDER, DELIVERY AND LIQUIDATED DAMAGES
A. Order
1) Eligible customers shall issue a purchase order to the contractor, and such purchase order shall
bear the contract or bid number and the FSA Customer Code as provided by the Manufacturer,
specification number, customer’s federal identification number and contact information (phone
number and email address) shall be placed by the customer directly with the contractor, and
shall be deemed to incorporate the contract solicitation terms and conditions. Required delivery
or due dates should be discussed with the dealer at the time of the quote. It is important to note
that dealers usually do not have ANY control over production delays in schedules from the
manufacturer.
2) Purchasing agency is required to forward an executed copy of the purchase order to the Florida
Sheriffs Association Cooperative Bid Coordinator (by email, fax or hard copy) at the same time
the purchase order is released to the contractor.
3) If a contractor receives a purchase order for a specification for which they were not awarded, the
contractor must notify the customer and return the purchase order to the customer within three
(3) business days.
4) Contractor shall state in space provided on each price sheet the approximate time required for
delivery after receipt of purchase order. See contractor limitations noted in 3.54 A.1.
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B. Delivery
1) Warranty Start Date – Will begin at the time of delivery and acceptance by the agency.
2) All bids are FOB to the agency purchasing the tires or related service.
3) Contractor shall notify agency personnel designated on purchase order no less than 72 hours
prior to delivery. Contractor is responsible for contacting the agency to establish all delivery
requirements including but not limited to date and time. Deliveries not complying with these
requirements may be rejected and will have to be redelivered at contractor’s expense. The
agency may choose to pick up the tires at their manufacturers facility or other location agreed
upon.
C. Liquidated Damages and Forced Majeure
1) Forced Majeure. Liquidated damages shall not be assessed for a delay resulting from the
contractor’s failure to comply with delivery requirements if neither the fault nor the negligence
of the contractor or its employees contributed to the delay and the delay is due directly to acts of
God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the
contractor’s control, or for any of the foregoing that subcontractors or suppliers if no alternate
source of supply is available to the contractor. In case of any delay the contractor believes is
excusable, they shall notify the customer in writing of the delay or potential delay and describe
the cause of the delay either 1. Within ten (10) days after the cause that creates or will create
the delay first arose, if the vendor could reasonably foresee that a delay could occur as a result,
or 2. If delay is not reasonably foreseeable, within five (5) days after the date the vendor first had
reason to believe that a delay could result. The foregoing shall constitute the contractor’s sole
remedy or excuse with respect to delay.
3.55 QUANTITY DISCOUNTS – Are not defined in this contract. However, dealers are allowed to offer discounts
for multiple purchases.
3.56 ACCEPTANCE
It is the purchaser’s responsibility to thoroughly inspect each tire or service prior to acceptance.
Purchasers are to inspect the tires and or related service and compare bid specifications, purchase order
and manufacturer’s window sticker or manufacturer’s invoice to ensure tire(s) and or related service
meets or exceeds the requirements of the technical bid specifications and purchase order or work order.
Purchasers are to inspect the vehicle for physical damage.
Delivery of a tire and/or related equipment to a customer does not constitute acceptance for the purpose
of payment. Final acceptance and authorization of payment shall be given only after a thorough
inspection indicates that the tire(s) and or service meets contract specifications and the requirements
listed below.
3.57 INVOICING AND PAYMENTS
Invoicing and payments shall be the responsibility of the contractor and customer placing orders against
this contract. Contractors must invoice each customer independently from the Florida Sheriffs
Association, the Florida Association of Counties and the Florida Fire Chiefs Association for tire(s)
purchased from this contract. REV 02/12/2015 b Page 36
FLORIDA SHERIFFS ASSOCIATION
Tire and Related Services Terms and Conditions Rev 2/12/2015 b
The contractor shall be paid upon submission of properly certified invoices to the purchaser at the prices
stipulated on the contract at the time the order is placed, after delivery and acceptance of goods. Upon
receipt of goods, a customer has three (3) working days to inspect and approve the goods and services.
The Local Government Prompt Payment Act (as stated in Sections 218.70–218.80, Florida Statutes); will
apply to ensure timely payment of contractor invoices. The invoice(s) shall indicate the following but is
not limited to these requirements:
Shipping location, purchase order number, FSA contract number, quantity shipped, price, date,
manufacturer, model and size of the tire(s).
3.58 INADEQUATE SERVICE
When equipment requires service or adjustments upon delivery, the contractor shall either remedy the
defect, or be responsible for reimbursing the manufacturer’s local authorized dealer, or others, to remedy
the defect. Such service or adjustments shall be initiated by the contractor within forty-eight (48) hours
(not including weekends and holidays) after notification by a customer. Delivery will not be considered
complete until all service and/or adjustments are satisfactory and the equipment redelivered.
The provisions of the delivery paragraph shall remain in effect until the redelivery is accomplished. The
cost of any transportation required shall be the responsibility of the contractor until the equipment is
satisfactory and accepted by the customer.
3.59 WARRANTY, REPAIRS AND SERVICE
Failure by any manufacturer’s authorized representative to render proper warranty service/ adjustments,
including providing a copy of the warranty work order to the customer, shall subject that representative
and the contractor to suspension from the approved vendor listing until satisfactory evidence of
correction is presented to the Contract Administrator.
3.60 FSA ADMINISTRATIVE FEES FOR ALL SPECIFICATIONS rev 6/14
Dealers ARE to include a three quarters of one percent (.0075) administrative fee in their base bid prices
and their quotes and pricing for all additional equipment items (add options), excluding any state
regulated fees including tags. The three quarters of one percent (.0075) will be incorporated into and
made a part of the total invoice amount and shall not be treated or added as a separate line item. Fees
are based on the total invoice cost of the new tire and or related service. No Other administrative fee(s)
will be applicable to any transaction relative to the contract.
3.61 CONTRACTING DEALERS’ ACTIVITY REPORTS and SCHEDULE AND FEE DEPOSIT REQUIREMENTS
See Section 4.7
REV 02/12/2015 b Page 37
FLORIDA SHERIFFS ASSOCIATION
Tire and Related Services Terms and Conditions Rev 2/12/2015 b
SPECIAL CONDITIONS – 4.0
4.0 General Requirements for all Tires and/or related Service
4.1 Specifications
4.2 Required Related Services
4.3 Acceptance
4.4 Federal and State Vehicle Manufacturing and Safety Standards
4.5 Amendments to Solicitation Documents
4.6 Submittal of Bid
4.7 Reporting of Sales to FSA
4.8 Price Adjustment
4.9 Posting and Revision of Authorized Product and Price Sheet
REV 02/12/2015 b Page 38
FLORIDA SHERIFFS ASSOCIATION
Tire and Related Services Terms and Conditions Rev 2/12/2015 b
SPECIAL CONDITIONS – 4.0
4.1 SPECIFICATIONS
All units covered by this specification and the detailed specifications shall be the manufacturer’s current
production model, and shall as a minimum in accordance with the manufacturer’s latest literature.
Bidders must supply a unit that either meets or exceeds all the requirements included in the applicable
detailed specifications.
The duration of this contract shall be for 24 months with an option for Awarded Vendors to request a
price increase following the first 12 months. (See Section 4.8 Price Adjustment.)
All bidders will be required to provide the information requested on the price sheets, such as
manufacturer and model number, or may have their bid rejected.
All tire(s), and service features provided must be designed, constructed, and installed and be fully suitable
for their intended use and service.
Tires offered under this Bid shall be as listed in the following specification classes:
SPECIFICATION 1: PASSENGER
Tire, Automobile, Radial, Standard Passenger
SPECIFICATION 2: PURSUIT AND EMERGENCY HIGH SPEED
Tire, Police Pursuit, Radial
SPECIFICATION 3: LIGHT TRUCK
Tire, Light Truck, Radial; Tire, Light Truck, Steel Casing (Includes Off-Road
Applications)
SPECIFICATION 4: MEDIUM TRUCK
Tire, Medium Truck, Radial
SPECIFICATION 5: OFF ROAD TIRES, INTERMITTENT HIGHWAY SERVICE
Tire, Off Road, Radial; Tire, Off Road, Bias
SPECIFICATION 6: IMPLEMENT/FARM
Tire, Implement, Farm
SPECIFICATION 7: SPECIALTY
Tire, Specialty
All tires offered under the Contract shall be new and unused and in current production. Retreaded tires
shall not be offered. However, the FSA reserves the right to add a specification for Retreaded tires at a
later date if it is in the best interest of FSA. Contractors shall offer only those brands qualified and listed in
Cooperative Approved Tire List (CATL) (latest edition in effect at the time of this solicitation), published by
the Associated Consultants of Technical Services, Inc., the contract manager for the Federal Government’s
program for testing new tire performance. In lieu of being listed in the publications, a Contractor may
provide a Qualification Certification Form signed by the CATL Program Administrator.
REV 02/12/2015 b Page 39
FLORIDA SHERIFFS ASSOCIATION
Tire and Related Services Terms and Conditions Rev 2/12/2015 b
4.2 REQUIRED RELATED SERVICES
Prices for the following services shall be supplied on the price sheets as separate items from the tire
price for passenger, pursuit, and light truck tires (Specifications 1, 2, and 3):
• Mounting of the tire
• New valve stem and installation
• Dynamic balancing including weights
Customers may purchase tires alone, without related services. If additional services are
purchased, each related cost shall be added to the invoice as an additional charge.
All bulk deliveries of tires shall be completed within thirty (30) days after receipt of an order, unless
the Contractor and Customer negotiate a different delivery schedule and include it in an order.
Additional required related services are:
• Disposal of used tires. The Customer has the option of retaining used tires for recycling
purposes. On bulk tire deliveries to a Customer’s facility, the Contractor must pick up and
dispose of an equal number of replaced used tires. This pickup of used tires may be required
at a later date. All used tires must be disposed of in accordance with all Federal, State and local
requirements, and disposal fee maybe assessed (See “Price Sheets”) by contractor to recover
such costs.
• Taxes, environmental or other waste cleanup. All taxes, environmental or other waste cleanup
fees imposed by the State, Federal or local governments and in effect at the time of the bid
opening shall be listed separately. Any increase or new fees effective subsequent to the bid
opening date shall be approved in advance by the Cooperative Bid Coordinator.
4.3 ACCEPTANCE:
Verbal agreements will not be recognized; if any exception to the delivered product is taken by the dealer
or the customer.
4.4 FEDERAL AND STATE TIRE MANUFACTURING and SAFETY STANDARDS:
It is intended that all specifications be in full and complete compliance with all Federal and Florida State
laws and regulations that apply to tires and other related services. This includes, but not limited to, U.S.
Department of Transportation, FDOT, NHTSA, Federal MVSS, OSHA and EPA standards and Florida
requirements for external noise control that apply to the type tire or related service being provided.
If an apparent conflict exists, the bidder must contact the Cooperative Bid Coordinator immediately. In
addition, any Federal, State legislation which should become effective regarding the tire safety shall
immediately become a part of this contract. Contractor shall have the option to meet or exceed any such
safety standard or cancel his portion of the contract by providing thirty (30) calendar days written notice
to the Cooperative Bid Coordinator.
REV 02/12/2015 b Page 40
FLORIDA SHERIFFS ASSOCIATION
Tire and Related Services Terms and Conditions Rev 2/12/2015 b
Testing -
Samples of delivered tires may be selected at random and tested for compliance with these specifications
using the following standards:
ASTM Standard F1922, Test Method-for Tires, Pneumatic, Vehicular Highway.
ASTM Standard F1923, Test Method-for Tires, Pneumatic, Vehicular Low Speed, Off Highway.
Delivery of non-conforming product shall be grounds for terminating the Contract.
4.5 AMENDMENTS TO SOLICITATION DOCUMENTS
The Cooperative Bid Coordinator may use discretion in issuing amendments to the solicitation prior to bid
award only. Notice of any amendment will be posted on the Florida Sheriffs Association’s website. Such
notice, if required, will contain the appropriate details for identifying the changes to the solicitation. Each
bidder is responsible for monitoring the site for new or changing information concerning the solicitation.
4.6 SUBMITTAL OF BID
Bids may be delivered in person or by mail. Submit the original bid and one copy in a sealed
envelope. DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall indicate
The Florida Sheriffs Association’s address, the bid number, and the date and time of the bid opening. Bids
not submitted on the forms included with these solicitation documents shall be rejected. Each bidder is
responsible for ensuring that their bid is delivered at the proper time and to proper place. Late bids shall
not be considered. BIDS MUST BE RECEIVED AT THE FLORIDA SHERIFFS ASSOCIATION, 2617 MAHAN
DRIVE, TALLAHASSEE, FLORIDA 32308, AT THE TIME DESIGNATED IN THE INVITATION TO BID. A bidder
may withdraw his proposal at any time prior to that fixed time for opening bids without prejudice to
himself.
BIDDER shall be required to provide as part of the bid package, two (2) hard copies – one marked
“ORIGINAL” and one marked “COPY”. Also BIDDER will furnish a USB drive in Excel for Windows. The
USB must be formatted as follows:
• “Excel for Windows”
• Font: Arial – 12 point
• Margins: One-half inch (.5) all the way around
• Landscape ONLY
• No Headers or Footers
The following is a list of the headings (all caps) that will be used for formatting with an indication of the
size for the column and whether or not the column will be in bold print:
SIZE – 16
S/W – 8
SR/LR – 10
PRODUCT NUMBER – 10
FL NET SHERIFF’S PRICE – 11 Bold Print
WASTE TIRE FEE – 8
TIRE DISPOSAL FEE – 8 REV 02/12/2015 b Page 41
FLORIDA SHERIFFS ASSOCIATION
Tire and Related Services Terms and Conditions Rev 2/12/2015 b
TOTAL TIRE COST – 11 Bold Print
TIRE VALVE – 8
TIRE MOUNT – 8
TIRE BALANCE – 8
TOTAL TIRE PRICE WITH OPTIONS – 12 Bold Print
An example of the bid price Excel spreadsheet will be provided and is marked “Example Only” within the
Invitation to Bid (ITB) package.
The bidder will be required to use the proposal attached hereto, which form a part of the
specifications, and shall remain intact.
Bids received on separate sheets and not attached to the complete specifications will be
considered informal and may be rejected as such. All prices must be clearly stated in permanent fashion
(no pencil) on lines provided on the “Price Sheets”. Any variations from these specifications must be
clearly stated by the bidder on the proposal blank.
All bids, notifications, claims, and statements must be signed by an individual authorized to bind the
bidder. The individual signing certifies, under penalty of perjury, that he or she has the legal authorization
to bind the bidder.
All bidders must sign in ink where indicated and print or type name and date on pages designated and
return same with all proposals.
Prices shall be firm and are to be F.O.B. Destination, delivered to the individual participating user agency.
In the event of a discrepancy between a unit bid price and an extension, the unit bid price will govern.
Written prices shall govern over figures.
4.7 REPORTING OF SALES TO FSA
Contractor shall furnish the Cooperative Bid Coordinator a detailed “Summary of Total Sales” at the
end of each quarterly contract period. The Sales Summary shall include the total dollar amount
of purchases and the total number of tires sold by tire category.
Categories for the “Summary of Total Sales” will include the following, if applicable:
Agency Making Purchase
Agency Purchase Order No., if applicable
Tire Dealer Name
Tire Brand
Type Product (i.e. – Light Truck or Passenger)
Tire Description
Units Sold
Total Dollars
The “Vendor User Fee Reports” must be submitted promptly at the end of each of the following
quarterly contract periods:
March 1 – May 31, 2015 March 1 – May 31, 2016
June 1 – August 31, 2015 June 1 – August 31, 2016 REV 02/12/2015 b Page 42
FLORIDA SHERIFFS ASSOCIATION
Tire and Related Services Terms and Conditions Rev 2/12/2015 b
September 1 – November 30, 2015 September 1 – November 30, 2016
December 1 – February 28, 2016 December 1 – February 28, 2017
PLEASE SUBMIT YOUR SUMMARY OF TOTAL SALES BY USING THE “VENDOR USER FEE REPORT” FORM
which will be provided to you in ITB packet and is also available on our website. You will need to
maintain an original in order to make the necessary copies needed. All administrative fees shall be
payable by the contracting vendor to the Florida Sheriffs Association no later than 15 days after the end of
each quarter.
Note: Should there be no activity during a given quarter, then submit your “VENDOR USER FEE
REPORT” form indicating “NO SALES FOR THIS PERIOD”.
4.8 PRICE ADJUSTMENT
A price adjustment may be made at the request of the Bidder after the first year of this contract. Requests
for a price adjustment must be received in writing and must include a statement explaining the reason for
the price increase. Bidder must submit proposed pricing in the excel spreadsheet format outlined in
Section 4.6. Submittal of Bid.
4.9 POSTING AND REVSION OF AUTHORIZED PRODUCT AND PRICE LIST
Every Contractor shall maintain on the Internet a list of the products it is authorized to sell under the
Contract. The list shall clearly indicate the discounted price for each product and the appropriate FSA
Customer Code as provided by the Manufacturer and assigned to the Florida Sheriffs Bid
Award/Contract. On the Ordering Instructions form submitted with the bid, bidders shall note the
proposed Universal Resource Locator (URL) for this list. Posting of the list in a form easily accessible to
the Cooperative Bid Coordinator and Customers shall be a condition precedent to Contractor’s right to
payment under the Contract. The Cooperative Bid Coordinator, in its sole discretion, may maintain
Contractor’s authorized list or provide electronic links to it. Regardless of the number of links to the list,
Contractor shall ensure that Customers are able to access one, and only one, version of the authorized
list. The authorized list shall include, either directly or via electronic link, the following:
Contract number; contact person; part or product numbers and descriptions; ordering information;
pricing information, and service/distribution points organized geographically by city. When submitting
your information for your “Authorized Service Centers/Distributors”, please provide the following
headings:
Dealer/Distributor Name
Address
City
State
Zip
Phone Number
PS
LT
TB Place an X in the all columns that the distributor provides
OR
AG
Contact Name
REV 02/12/2015 b Page 43
FLORIDA SHERIFFS ASSOCIATION
Tire and Related Services Terms and Conditions Rev 2/12/2015 b
This spreadsheet will also be provided in an Excel spreadsheet with the ITB.
Contractor’s initial authorized list shall be identical to the discounted list submitted with the bid.
Contractor shall not make the list generally available or accept any orders off it until the Cooperative Bid
Coordinator approves the list. Contractor may thereafter amend the list to reflect product line and price
changes, subject to the following restrictions:
• For product line changes, a Contractor may amend its list to reflect product developments. Any added
product shall be offered at the then-current authorized percentage discount, which shall always be at
least as great as the discount offered initially.
• For price changes, a Contractor shall only decrease, and shall never increase, the prices offered initially.
Posted price reductions shall take effect immediately and be applied to unshipped and subsequent
orders. CONTRACTORS ARE FREE TO OFFER GREATER DISCOUNTS UNDER THESE TERMS AND
CONDITIONS FOR INDIVIDUAL TRANSACTIONS, AND CUSTOMERS ARE ENCOURAGED TO SEEK THEM
AND TO EXPLORE WHETHER OTHER CONTRACTORS AUTHORIZED FOR THE PRODUCT GROUP MIGHT
OFFER BETTER DISCOUNTS.
• At least five (5) business days before making any changes to the posted authorized list – whether to
products, to prices, or otherwise – a Contractor shall notify the Cooperative Bid Coordinator by mail of
its intent to make a change and describe the proposed change. The Cooperative Bid Coordinator may,
in its sole discretion, prohibit any requested change or direct a Contractor to undo any change already
made.
• Changes to the authorized list or to related information (i.e.: ordering information) shall not be
deemed Contract amendments.
4.9 MANUFACTURERS CUSTOMER CODE(S) ASSIGNED TO FSA
Dealers and Distributors representing the FSA awarded tire manufacturer(s) are required to report
sales to the appropriate manufacturer’s representative based on the “FSA Customer Code” as provided
by the manufacturer. Please refer to 1.57 Right to Audit.
ALL Agencies purchasing products or services in accordance with the pricing, terms and conditions of
this contract are required to reference the Manufacturers “Customer Code” assigned to the Florida
Sheriffs Association on documents in order to receive bid award pricing.
REV 02/12/2015 b Page 44
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1814
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 14.1
SUBJECT/RECOMMENDATION:
Approve 2016 City Council Meeting Schedule. (consent)
SUMMARY:
Generally, City Council meetings are at 6:00 p.m. on the first and third Thursday of each
month. The accompanying work sessions are at 1:00 p.m. on the preceding Monday, unless
the Monday is a holiday, in which case the work session is on Tuesday.
Per Council Rules, no meetings are held the first Thursday in January or in July.
Please note the following exceptions:
·The January 18 work session has been moved to Tuesday, January 19 due to Martin
Luther King, Jr. Day.
·The February 15 work session has been moved to Tuesday, February 16 due to
Presidents Day.
·The May 30 work session has been moved to Tuesday, May 31 due to Memorial Day.
·The June 2 council meeting has been moved to Wednesday, June 1 due to Clearwater
High School Graduation.
·The November 17 council meeting has been moved to Wednesday, November 16 due
to Florida League of Cities Annual Legislative Conference.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/2/2015
2016 Council Schedule Intranet (last rev.10-16-2015)
2016CITY COUNCIL MEETING SCHEDULEDRAFT
WORK
SESSION
Time CITY
COUNCIL
MEETING
Time
Tuesday January 19 9:00 a.m.Thursday January 21 6:00 p.m.
Monday February 1 1:00 p.m.Thursday February 4 6:00 p.m.
Tuesday February 16 9:00 a.m.Thursday February 18 6:00 p.m.
Monday February 29 1:00 p.m.Thursday March 3 6:00 p.m.
Monday March 14 1:00 p.m.Thursday March 17 6:00 p.m.
Monday April 4 1:00 p.m.Thursday April 7 6:00 p.m.
Monday April 18 1:00 p.m.Thursday April 21 6:00 p.m.
Monday May 2 1:00 p.m.Thursday May 5 6:00 p.m.
Monday May 16 1:00 p.m.Thursday May 19 6:00 p.m.
Tuesday May 31 1:00 p.m.Thursday June 2 6:00 p.m.
Monday June 13 1:00 p.m.Thursday June 16 6:00 p.m.
Monday July18 1:00 p.m.Thursday July 21 6:00 p.m.
Monday August 1 1:00 p.m.Thursday August 4 6:00 p.m.
Monday August 15 1:00 p.m.Wednesday August 17 6:00 p.m.
Monday August 29 1:00 p.m.Thursday September 1 6:00 p.m.
Monday September 12 1:00 p.m.Thursday September 15 6:00 p.m.
Monday October 3 1:00 p.m.Thursday October 6 6:00 p.m.
Monday October 17 1:00 p.m.Thursday October 20 6:00 p.m.
Monday October 31 1:00 p.m.Thursday November 3 6:00 p.m.
Monday November 14 1:00 p.m.Thursday November 17 6:00 p.m.
Monday November 28 1:00 p.m.Thursday December 1 6:00 p.m.
Monday December 12 1:00 p.m.Thursday December 15 6:00 p.m.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1769
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: AppointmentIn Control: Official Records & Legislative Services
Agenda Number: 14.2
SUBJECT/RECOMMENDATION:
Appoint two members to the Municipal Code Enforcement Board with terms to expire October
31, 2018.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Municipal Code Enforcement Board
TERM: 3 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect,
engineer, businessperson, general contractor, sub-contractor & a realtor
MEMBERS: 7
CHAIRPERSON: Sue A. Johnson
MEETING DATES: 4th Wed., 1:30 p.m.
Nov. and Dec. - TBA
APPOINTMENTS NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERM WHICH EXPIRE AND NOW
REQUIRE REAPPOINTMENT FOR A NEW TERM:
1. Sheila Cole - 670 Island Way #600, 33767 - Marketing & Graphics
Original Appointment: 7/16/09
(currently serving 2nd term to expire 10/31/15)
(0 absences this year)
Interest in Reappointment: Yes
2. James E. Strickland - 1637 Cleveland St., 33755 - Ins. Claims Adjuster
Original Appointment: 3/31/10
(currently serving 1st term to expire 10/31/15)
(1 absence this year)
Interest in Reappointment: Yes
The name below is being submitted for consideration:
1. Robert Prast - 37 Bohenia Circle S, 33767
Page 1 City of Clearwater Printed on 11/2/2015
File Number: ID#15-1769
Zip codes of current members:
2 at 33755; 1 at 33759; 1 at 33761; 1 at 33764; 2 at 33767
Current Categories:
1 Ins. Claims Adjuster; 1 Marketing & Graphics; 1 Retail; 1 Retired/BA Inst. Court
Management
1 Retired/BA Political Science; 1 Retired Code Enf. Supervisor and 1 Sales/Service
Page 2 City of Clearwater Printed on 11/2/2015
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Please type or print clearly
Name: Sheila Cole
Home Address:
670 Island Way #600
Office Address:
N/A
Clearwater Florida Zip 33767 Zi
Telephone:727.441.1319 Telephone:
Cell Phone:727.418_0151 E-mail Address:
How long a resident of Clearwater?
Occupation: FReti red Employer:
Field of Education:
Art, Journalism, Behavior Modification.et. Other Work Experience:
CofC, Hospice, Newspaper columnist, Consultant
Marketing & Graphic Design, Weight Loss Co._
If retired, former occupation :Exec. Dir, C of
Community Activities: P.P. Civic Assoc & CHOA, City Event vol. ,Charities. Various Boards.
Other Interests: Art, Reading, Interior Design
Board Service (current and past):
MCEB. BeautificationBoard
Additional Comments:
Board Preference:
CDBorMCEB
Signature: Date: 10/8/2015
RFCEVED
7'T 892915
OFFICIAL ,AND
LECISIATIVL. PT
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. 0. Box 4748,
Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue.
Note: For boards requiring Clearwater residency. this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limits
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
To attend Code Board hearings, review the Code Officers findings and determine proper orders and
fines to bring properties into
compliance
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
Working with City Staff for many years on this
Boaro.
4. Why do you want to serve on this Board?
To help maintain the quality of life that is
Clearwater.
Name:
Board Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Please type or print clearly.
Name: -- cr S E ST 1 c,V—LP cvD
Home Address:
1(037 l-P"'s,
Zip 331 SS
Telephone: 1Zfl -42 V.)c31
Cell Phone: c' I 31 lc 03 -11
Office Address:
11 i N 6 L t. .. Q oPa S‘.k1T E 't
C 1 2wp i p f- Zip 331
Telephone: -1 In 'NCO j _cc t
Email Address: tre • Qgyv,
How long a resident of Clearwater? Z$
Occupation: N'•'1-"` cis rabj i txcc . t mployer: 511aIck.lt.N6 -f LATe R. G114 4,) RJ'- _
Field of Education: Other Work Experience:
1 Es 3 cicque,i. -
Pg.op k I •vgpvcro n., 1T-0R_ TN)
ts'L
1 of So "g V• Qwv As 1 V41_10.4. ('T \Nb 1)3. c- Nkx
If retired, former occupation:
Community Activities: Sr-Q`"-.4 C,C-,i 'oR CILpzw" t 3 Tr% sly n<< r - Ka -N-'`
5N' r t Cci‘ 7't -41, 607 0` -(P I 'Ms.'r\G.1?)m A '4ICII15>YLil Qi) A $ \
Other Interests: C04-A-7: , iSHevC., T rrr^M any PSvts TJ v
I
iA-1' "Nut c NtNG
Board Service (current and past): Board Preference:
Cd 0 EN Y op_ C:zNts C » 1 C$ptnxw cv C Q 21 C^ti t; wP-Efi
Additional Comments:
Signature: c-tD Date: 10 i'o I V
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748,
Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits VFCPW7D • Declaration of Domicile filed with the city clerk affirming residency within city lim ' -
OCT 0 9 2015
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
1>T.s'61 M ,-)e. Lo \p.k c;)
y
Ll SS sN '-to VN3i15.4„k..z
A-k.L.10 NA \ OS
v 1, /cAi `F`
2. Have you ever observed a board meeting either in person or on the City's TV station C -View?
LS
3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
Sai-ry 1ziis t. pR0 sg_A vvspzG-k Ot,. ; iSuLPoN,C Campf>e\—)
t ci.pcIAANK
4. Why do you want to serve on this Board? \
c\r7,A , N "Cif 3x . , Sr' t F1 rob
ciN1 or
Name: E • S-m)cizipNo
Board Name: "" 'o f \fit € 2c yuks4
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Please type or print clearly.
Name: Robert Prast
Home Address:
37 Bohenia Circle S
Office Address:
Zip 33767 Zip 33767
Telephone: Telephone:
Cell Phone: 859- 760 -7123 Email Address: rprast @tampabay.rr.com
How long a resident of Clearwater? 4.5 yrs. Property Owner 8 years
Occupation: Employer:
Field of Education: Other Work Experience:
BS in Chemistry.
If retired, former occupation: President of several different chemical companies
Community Activities: Graduate of Clearwater Citizens Academy. Treasurer of the following Orgs,
Chapel by the Sea, Clearwater Beach Assoc. ( this ends 12/2015 for CBA)
Other Interests: wood working, reading, Grand Children
Board Service (current and past): Board Preference:
Municipal Code Enforcement Board
Additional Comments: 1 feel Clearwater is a wonderful place to live and I wish to help keep that way by serving the
community by being on this board.
Signature: d.agkn.com
Date 2015 10.30 10 39 26 04'00' Date: 10/30/2015
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.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits RECEIVED
Declaration of Domicile filed with the city clerk affirming residency within city limits
OCT 3 0 2015
OFFICIAL. RECORDS AND
LEGISLATIVE SRVCS DEPT
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Conduct hearings regarding issues that arise with current city codes and ordanances.
The Board holds the hearing and acts as a quasi judicial court seeking to resolve code violations /issues in a timely manner.
2. Have you ever observed a board meeting either in person or on the City's TV station C -View?
Yes, I have observed board meetings both in person and on TV
3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
First, I am able to make impartial decesions based on facts even if the outcome is
not one that I personally favor. Secondly, as a former landlord /rehabber while in Kentucky I came to understand the time, cost and effort
required to make corrections or improvements on properties. Lastly, in my career in the chemical industry, working alone or with a team, I was able
to find resolutions to problems working within the necessary guidelines required.
4. Why do you want to serve on this Board?
At the first board meeting I attended I saw a real attempt by the Board to see that an agreement was reached to resolve the
Code Violations between the City and the individual in a reasonable time, with an obvious intent of " let "s get the problem resolved ".
This was done with the focus on the problem; not the personalities. I saw this as a mature endevor to enhance our community and I would like to participate.
Name: Robert Prast
Board Name:
Municipal Code Enforcement Board
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8771-15
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 15.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8771-15 on second reading, annexing certain real properties whose post
office addresses are 2147, 2167 and 2173 Burnice Drive and 2118 Pleasant Parkway into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Ordinance No. 8771-15
ORDINANCE NO. 8771-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST
OF BELCHER ROAD, EAST OF SOUTH HERCULES
AVENUE AND NORTH OF LAKEVIEW ROAD, WHOSE
POST OFFICE ADDRESSES ARE 2147, 2167, AND 2173
BURNICE DRIVE AND 2118 PLEASANT PARKWAY, INTO
THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owners of the real properties described herein and depicted on the
map attached hereto as Exhibit B have 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 properties are hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for Legal Descriptions.
(ATA2015-08002)
The map attached as Exhibit B is hereby incorporated by reference.
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 and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 8771-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ATA2015‐08002
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-31050-000-0260 Lot 26 2147 Burnice Drive
2. 24-29-15-31050-000-0290 Lot 29 2167 Burnice Drive
3. 24-29-15-31050-000-0300 Lot 30 2173 Burnice Drive
The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of
Pinellas County, Florida;
=========================================================================================
4. 24-29-15-72144-000-0150 Lot 15 2118 Pleasant Parkway
The above in PLEASANT RIDGE ESTATES subdivision, as recorded in PLAT BOOK 53, PAGE 71, of the Public
Records of Pinellas County, Florida;
Exhibit B
PROPOSED ANNEXATION MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
50
126
125
124 123 122 121120119118 117 116115 114113112111
50
50
60
50
60
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
17 16 15 14 131211 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
PLEA
SAN
T
P
K
W
Y
34 2
21
3
1
21
7
3
2172
21
6
5
21
1
7
21
4
8
21
5
5
21
3
5
21
4
9
21
6
7
1276
21
0
9
21
9
8
21
1
7
21
3
8212321
0
9
21
4
7
21
5
5
21
7
9
21
3
9
21
8
5
2130
21
0
7
21
9
7
21
2
5
2106
21
0
1
2106
21
5
7
21
6
6
21
2
5
2115
21
4
2
21
9
1
2124
21
7
4
21
3
5
21
4
9
1 110
2111
21
4
3
21
4
3
21
6
1
21
8
7
21
9
5
2178
21
8
5
21
3
0
1282
21
9
1
21
8
8
1290Traf
21
5
4
2112
21
9
2
21
8
1
21
2
7
2
21
4
3
2
21
7
3
2112
21
1
0
2160
21
4
7
1200
2
2122
2152
2184
21
2
5
2116
2130
2140
21
9
9
21
6
0
2118
2190
2 11 9
2
2166
2
21
7
3
22
21
2
4
21
1
8
21
4
1
2100
21
6
7
21
5
7
1220
2 2
21
3
3
2148
2
2100
21
9
1
2
2134
22
1
0
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Rev. 08/10/15
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Location.docx
LOCATION MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
DRUID RD
BELCHER RD^^^
^
-N
o
t
t
o
S
c
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Rev. 08/10/15
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Aerial.docx
AERIAL PHOTOGRAPH
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
BURNICE DR BURNICE DR
S
B
E
L
C
H
E
R
R
D
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR BELL CHEER DR
S UNIVERSITY DR S UNIVERSITY DR
DORADO PL DORADO PL
PL
E
A
S
A
N
T
P
K
W
Y
PL
E
A
S
A
N
T
P
K
W
Y
-N
o
t
t
o
S
c
a
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-N
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Rev. 08/10/15
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Existing Uses label.docx
EXISTING SURROUNDING USES MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
50
126
125
124 123 122 121120119118 117 116115 114113112111
50
50
60
50
60
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
17 16 15 14 131211 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
PLEA
SAN
T
P
K
W
Y
34 2
21
3
1
21
7
3
2172
21
6
5
21
1
7
21
4
8
21
5
5
21
3
5
21
4
9
21
6
7
1276
21
0
9
21
9
8
21
1
7
21
3
8212321
0
9
21
4
7
21
5
5
21
7
9
21
3
9
21
8
5
2130
21
0
7
21
9
7
21
2
5
2106
21
0
1
2106
21
5
7
21
6
6
21
2
5
2115
21
4
2
21
9
1
2124
21
7
4
21
3
5
21
4
9
1 110
2111
21
4
3
21
4
3
21
6
1
21
8
7
21
9
5
2178
21
8
5
21
3
0
1282
21
9
1
21
8
8
1290Traf
21
5
4
2112
21
9
2
21
8
1
21
2
7
2
21
4
3
2
21
7
3
2112
21
1
0
2160
21
4
7
1200
2
2122
2152
2184
21
2
5
2116
2130
2140
21
9
9
21
6
0
2118
2190
2 11 9
2
2166
2
21
7
3
22
21
2
4
21
1
8
21
4
1
2100
21
6
7
21
5
7
1220
2 2
21
3
3
2148
2
2100
21
9
1
2
2134
22
1
0
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Rev. 08/10/15
Single Family Residential
Single Family Residential
Single Family Residential
Water
City Conservation Land
View looking south at the subject property,
2147 Burnice Drive
View looking north of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
Anita and Stephen Platt
2147 Burnice Drive
Page 1 of 4
View looking easterly along Burnice DriveView looking westerly along Burnice Drive
View looking south at the subject property,
2167 Burnice Drive
View looking north of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
B J Heron
2167 Burnice Drive
Page 2 of 4
View looking easterly along Burnice Drive View looking westerly along Burnice Drive
View looking south at the subject property,
2173 Burnice Drive
View looking north of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
Deborah Wood
2173 Burnice Drive
Page 3 of 4
View looking easterly along Burnice DriveView looking westerly along Burnice Drive
View looking north at the subject property,
2118 Pleasant Parkway
Across the street, to the south of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
David and Tammy Richardson
2118 Pleasant Parkway
Page 4 of 4
View looking easterly along Pleasant ParkwayView looking westerly along Pleasant Parkway
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8772-15
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 15.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8772-15 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 properties whose
post office addresses are 2147, 2167 and 2173 Burnice Drive and 2118 Pleasant Parkway,
upon annexation into the City of Clearwater as Residential Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Ordinance No. 8772-15
ORDINANCE NO. 8772-15
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 PROPERTIES LOCATED
GENERALLY SOUTH OF DRUID ROAD, WEST OF BELCHER
ROAD, EAST OF SOUTH HERCULES AVENUE AND NORTH
OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES
ARE 2147, 2167, AND 2173 BURNICE DRIVE AND 2118
PLEASANT PARKWAY, 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 categories for the hereinafter described
properties, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached Exhibit A for Legal
Descriptions.
Residential Low
(RL)
(ATA2015-08002)
The map attached as Exhibit B is hereby incorporated by reference.
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. 8771-15.
Ordinance No. 8772-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ATA2015‐08002
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-31050-000-0260 Lot 26 2147 Burnice Drive
2. 24-29-15-31050-000-0290 Lot 29 2167 Burnice Drive
3. 24-29-15-31050-000-0300 Lot 30 2173 Burnice Drive
The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of
Pinellas County, Florida;
=========================================================================================
4. 24-29-15-72144-000-0150 Lot 15 2118 Pleasant Parkway
The above in PLEASANT RIDGE ESTATES subdivision, as recorded in PLAT BOOK 53, PAGE 71, of the Public
Records of Pinellas County, Florida;
Exhibit B
FUTURE LAND USE MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
50
5
6
126
125
124 123 122 121120119118 117 116115114113 112111
60
50
60
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 17
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
RL
RL
P
RL
RU
WATER
RU
RU
RU
BURNICE DR
BELL CHEER DR
S UNIVERSITY DR
PLEA
SAN
T
P
K
W
Y
34 2
21
3
1
21
7
3
21
6
5
21
1
7
21
4
8
21
5
5
21
3
5
21
4
9
21
6
7
1276
21
0
9
21
9
8
21
1
7
21
3
8212321
0
9
21
4
7
21
5
5
21
7
9
21
3
9
21
8
5
2130
21
0
7
21
9
7
21
2
5
2106
21
0
1
2106
21
5
7
21
6
6
21
2
5
2115
21
4
2
21
9
1
2124
21
7
4
21
3
5
21
4
9
2111
21
4
3
21
4
3
21
6
1
21
8
7
21
9
5
2178
21
8
5
21
3
0
1282
21
9
1
21
8
8
1290Traf
21
5
4
2112
2172
21
9
2
21
8
1
21
2
7
2
21
4
3
2
21
7
3
2112
21
1
0
2160
21
4
7
1200
21
2122
2152
2184
21
2
5
2116
2130
2140
21
9
9
21
6
0
2118
2190
2 11 9
2
2166
21
21
7
3
2121
21
2
4
21
1
8
21
4
1
2100
21
6
7
21
5
7
1 110
1220
2 21
21
3
3
2148
21
2100
21
9
1
2
2134
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S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Location.docx
LOCATION MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
DRUID RD
BELCHER RD^^^
^
-N
o
t
t
o
S
c
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Rev. 08/10/15
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Aerial.docx
AERIAL PHOTOGRAPH
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
BURNICE DR BURNICE DR
S
B
E
L
C
H
E
R
R
D
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR BELL CHEER DR
S UNIVERSITY DR S UNIVERSITY DR
DORADO PL DORADO PL
PL
E
A
S
A
N
T
P
K
W
Y
PL
E
A
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S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Existing Uses label.docx
EXISTING SURROUNDING USES MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
50
126
125
124 123 122 121120119118 117 116115 114113112111
50
50
60
50
60
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
17 16 15 14 131211 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
PLEA
SAN
T
P
K
W
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34 2
21
3
1
21
7
3
2172
21
6
5
21
1
7
21
4
8
21
5
5
21
3
5
21
4
9
21
6
7
1276
21
0
9
21
9
8
21
1
7
21
3
8212321
0
9
21
4
7
21
5
5
21
7
9
21
3
9
21
8
5
2130
21
0
7
21
9
7
21
2
5
2106
21
0
1
2106
21
5
7
21
6
6
21
2
5
2115
21
4
2
21
9
1
2124
21
7
4
21
3
5
21
4
9
1 110
2111
21
4
3
21
4
3
21
6
1
21
8
7
21
9
5
2178
21
8
5
21
3
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1282
21
9
1
21
8
8
1290Traf
21
5
4
2112
21
9
2
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8
1
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2
7
2
21
4
3
2
21
7
3
2112
21
1
0
2160
21
4
7
1200
2
2122
2152
2184
21
2
5
2116
2130
2140
21
9
9
21
6
0
2118
2190
2 11 9
2
2166
2
21
7
3
22
21
2
4
21
1
8
21
4
1
2100
21
6
7
21
5
7
1220
2 2
21
3
3
2148
2
2100
21
9
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2134
22
1
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Rev. 08/10/15
Single Family Residential
Single Family Residential
Single Family Residential
Water
City Conservation Land
View looking south at the subject property,
2147 Burnice Drive
View looking north of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
Anita and Stephen Platt
2147 Burnice Drive
Page 1 of 4
View looking easterly along Burnice DriveView looking westerly along Burnice Drive
View looking south at the subject property,
2167 Burnice Drive
View looking north of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
B J Heron
2167 Burnice Drive
Page 2 of 4
View looking easterly along Burnice Drive View looking westerly along Burnice Drive
View looking south at the subject property,
2173 Burnice Drive
View looking north of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
Deborah Wood
2173 Burnice Drive
Page 3 of 4
View looking easterly along Burnice DriveView looking westerly along Burnice Drive
View looking north at the subject property,
2118 Pleasant Parkway
Across the street, to the south of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
David and Tammy Richardson
2118 Pleasant Parkway
Page 4 of 4
View looking easterly along Pleasant ParkwayView looking westerly along Pleasant Parkway
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8773-15
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 15.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8773-15 on second reading, amending the Zoning Atlas of the city by zoning
certain real properties whose post office addresses are 2147, 2167 and 2173 Burnice Drive
and 2118 Pleasant Parkway, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Ordinance No. 8773-15
ORDINANCE NO. 8773-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTIES LOCATED
GENERALLY SOUTH OF DRUID ROAD, WEST OF
BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE
AND NORTH OF LAKEVIEW ROAD, WHOSE POST
OFFICE ADDRESSES ARE 2147, 2167, AND 2173
BURNICE DRIVE AND 2118 PLEASANT PARKWAY, 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 properties located in Pinellas County, Florida,
are hereby zoned as indicated upon annexation into the City of Clearwater, and the
zoning atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
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. 8771-15.
Property Zoning District
See attached Exhibit A for Legal
Descriptions.
Low Medium Density Residential
(LMDR)
(ATA2015-08002)
Ordinance No. 8773-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ATA2015‐08002
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-31050-000-0260 Lot 26 2147 Burnice Drive
2. 24-29-15-31050-000-0290 Lot 29 2167 Burnice Drive
3. 24-29-15-31050-000-0300 Lot 30 2173 Burnice Drive
The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of
Pinellas County, Florida;
=========================================================================================
4. 24-29-15-72144-000-0150 Lot 15 2118 Pleasant Parkway
The above in PLEASANT RIDGE ESTATES subdivision, as recorded in PLAT BOOK 53, PAGE 71, of the Public
Records of Pinellas County, Florida;
Exhibit B
ZONING MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
50
126
125
124 123 122 121120119118 117 116115 114113112111
50
50
60
50
60
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
17 16 15 14 131211 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
LMDR
P
LMDR
P
I
LMDR
BURNICE DR
S
B
E
L
C
H
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R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
PLEA
SAN
T
P
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W
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34 2
21
3
1
21
7
3
2172
21
6
5
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1
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5
5
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3
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1276
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8212321
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2130
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1
2106
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6
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2115
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4
2
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1
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7
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21
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1
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1282
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1200
2
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2152
2184
21
2
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2116
2130
2106
2140
21
9
9
21
6
0
2118
2190
2 11 9
2
2166
2
21
7
3
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2
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21
1
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4
1
2100
21
6
7
21
5
7
2111
1220
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21
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2
2100
21
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S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Location.docx
LOCATION MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
DRUID RD
BELCHER RD^^^
^
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S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Aerial.docx
AERIAL PHOTOGRAPH
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
BURNICE DR BURNICE DR
S
B
E
L
C
H
E
R
R
D
S
B
E
L
C
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R
R
D
BELL CHEER DR BELL CHEER DR
S UNIVERSITY DR S UNIVERSITY DR
DORADO PL DORADO PL
PL
E
A
S
A
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T
P
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W
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PL
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A
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S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2015\Belcher Area ATA2015-08002\Maps\August 26\ATA2015-
08002 Existing Uses label.docx
EXISTING SURROUNDING USES MAP
Owner(s): MULTIPLE OWNERS (4 PARCELS) Case: ATA2015-08002
Site:
Belcher Area: Four lots located generally south
of Druid Road, west of Belcher Road, east of
South Hercules Avenue and north of Lakeview
Road.
Property
Size(Acres):
ROW (Acres):
0.945
N/A
Land Use Zoning
PIN: Parcels – see Exhibit A
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
50
126
125
124 123 122 121120119118 117 116115 114113112111
50
50
60
50
60
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
17 16 15 14 131211 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
PLEA
SAN
T
P
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W
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34 2
21
3
1
21
7
3
2172
21
6
5
21
1
7
21
4
8
21
5
5
21
3
5
21
4
9
21
6
7
1276
21
0
9
21
9
8
21
1
7
21
3
8212321
0
9
21
4
7
21
5
5
21
7
9
21
3
9
21
8
5
2130
21
0
7
21
9
7
21
2
5
2106
21
0
1
2106
21
5
7
21
6
6
21
2
5
2115
21
4
2
21
9
1
2124
21
7
4
21
3
5
21
4
9
1 110
2111
21
4
3
21
4
3
21
6
1
21
8
7
21
9
5
2178
21
8
5
21
3
0
1282
21
9
1
21
8
8
1290Traf
21
5
4
2112
21
9
2
21
8
1
21
2
7
2
21
4
3
2
21
7
3
2112
21
1
0
2160
21
4
7
1200
2
2122
2152
2184
21
2
5
2116
2130
2140
21
9
9
21
6
0
2118
2190
2 11 9
2
2166
2
21
7
3
22
21
2
4
21
1
8
21
4
1
2100
21
6
7
21
5
7
1220
2 2
21
3
3
2148
2
2100
21
9
1
2
2134
22
1
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Single Family Residential
Single Family Residential
Single Family Residential
Water
City Conservation Land
View looking south at the subject property,
2147 Burnice Drive
View looking north of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
Anita and Stephen Platt
2147 Burnice Drive
Page 1 of 4
View looking easterly along Burnice DriveView looking westerly along Burnice Drive
View looking south at the subject property,
2167 Burnice Drive
View looking north of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
B J Heron
2167 Burnice Drive
Page 2 of 4
View looking easterly along Burnice Drive View looking westerly along Burnice Drive
View looking south at the subject property,
2173 Burnice Drive
View looking north of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
Deborah Wood
2173 Burnice Drive
Page 3 of 4
View looking easterly along Burnice DriveView looking westerly along Burnice Drive
View looking north at the subject property,
2118 Pleasant Parkway
Across the street, to the south of the subject property
East of the subject propertyWest of the subject property
ATA2015-08002
David and Tammy Richardson
2118 Pleasant Parkway
Page 4 of 4
View looking easterly along Pleasant ParkwayView looking westerly along Pleasant Parkway
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1835
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 15.4
SUBJECT/RECOMMENDATION:
Review Charter Review Committee’s recommended changes and provide direction on
proposed ordinances prior to public hearings of ordinances.
SUMMARY:
The Charter Review Committee recommended several changes to the charter, which must be
approved as ordinances by the City Council. The recommended Charter changes passed by
the council must go to a referendum to be voted upon by the electors of the city.
The City Attorney has drafted the ordinances making the changes to the charter language and
preparing the referendum questions and would like to give the council the opportunity to make
comments and suggestions before bringing the ordinances to first reading.
Page 1 City of Clearwater Printed on 11/2/2015
Ordinance No. 8807-15
ORDINANCE NO. 8807-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS PROPOSED
AMENDMENTS TO THE CITY CHARTER AMENDING SECTION
7.02, GENERAL PROVISIONS; TO REQUIRE THE COUNCIL TO
APPOINT A CHARTER REVIEW ADVISORY COMMITTEE
EVERY SIX YEARS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 7.02 of the City Charter be
amended as follows:
Section 7.02. Charter review advisory committee.
The councilshall appoint a charter review advisory committee in January1994
2021, andat least every sixfiveyears thereafter provided the appointments are made in
January of a year preceding a city election. The charter review advisory committee shall
be composed of not less than ten members. It shall review the existing charter and
make recommendations to the councilfor revisions thereto.
Section 2. A referendum election is hereby called and will be held on March 15,
2016, at thegeneral city election for the consideration of the voters of the City of
Clearwater forthe proposed charter amendment. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 15, 2016, shall be as follows:
APPOINTMENT OF CHARTER REVIEW ADVISORY COMMITTEE
Shall Section 7.02 of the City Charter be amended as provided in
Ordinance No. 8807-15to require the appointment of a Charter Review
Advisory Committee every sixyears instead of every five years?
YES ________
NO ________
Section 3.The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the election
to be heldon March 15, 2016.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
Ordinance No. 8807-152
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Ordinance No. 8808-15
ORDINANCE NO. 8808-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTSTO THE CITY CHARTER
AMENDING SECTIONS 2.01(d)(5)(ii),(vi) and (vii), WHICH
PROVIDE FOR LIMITATIONS ON COUNCILPOWERS
RELATING TO CITY-OWNED REAL PROPERTY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.01(d)(5)of the City Charter be
amended as follows:
Section 2.01. Council; composition; powers.
* * * * *
(d) Limitations.The legislative power provided herein shall have the following limitations:
* * * * *
(5)Real property.
* * * * *
(ii)
Except as otherwise provided herein, real property declared surplus shall be sold
to the party submitting the highest competitive bid above the appraised value
whose bid meets the terms set by the council and whose proposed use of the
property is in accordance with the council's stated purpose for declaring the
property surplus, if any. However, when the property declared surplus is vacated
right of way in which the city owns the fee interest, and the vacated right of way
is abutted by a single property owner, no competitive bid shall be required and
the city may sell the propertyto the abutting property owner for not less thanfair
market value.
* * * * *
(vi)
No right-of-way or easement which terminates at, or provides access to, the
water's edge of a body of fresh or salt water may be vacated for private benefit.
Nothing contained in this section shall prevent an easement solely for utility
purposes from being vacated, exchanged for a new easement for similar
purposes or from converting a fee interest for utility purposes into an easement
for such purposes.
(vii)
The council may lease municipal real property for five years or less without
declaring it surplus. Municipalreal property declared surplus may be leased for a
Ordinance No. 8808-152
term up to 65years, provided, however, nothing herein shall preclude renewal of
any lease for a maximum of 30 years. Municipal property declared surplus may
be leased for an initial period of more than 65 yearsor a renewal period
exceeding 30years, if approved at referendum, but not to exceed 95years total..
Section 2. A referendum election is hereby called and will be held on March 15, 2016, at
the general city election for the consideration of the voters of the City of Clearwater for the
proposed charter amendments. The questions to appear on the referendum ballot reflecting the
proposed amendment to the charter at the regular municipal election scheduled for March 15,
2016, shall be as follows:
ELIMINATE COMPETITIVE BIDREQUIREMENTFOR SALE OF CERTAIN VACATED
CITY RIGHT OF WAY
Shall Section 2.01(d)(5)(ii), of the City Charter be amended as provided in
Ordinance No. 8808-15to allow surplus vacated right of way in which the city
owns the fee interest, and which vacated right of way is abutted by a single
property owner, to be sold without competitive bid to the abutting property owner
fornot less thanfair market value?
YES ________
NO ________
VACATION OF UTILTY EASEMENTS
Shall Section 2.01(d)(5)(vi) of the City Charter be amended as provided in
Ordinance No. 8808-15to allow the City to vacate easements which terminate at
the water’s edge where such easement was granted solely for utility purposes?
YES
NO
LIMITATIONS ON LEASES OF CITY-OWNED REAL PROPERTY
Shall Section 2.01(d)(5)(vii) of the City Charter be amended as provided in
Ordinance No. 8808-15 to allowsurplus city owned real propertyto be
leased foran initial term of up to 65 years and a renewal period of up to 30
years without a referendum and to delete the requirement that leases in
industrialparks contain certain lease restrictions?
YES ________
NO ________
Section 3.The City Clerk isdirected to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the election to be
held on March 15, 2016.
Ordinance No. 8808-153
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval of a
majority of the City electors voting at the referendum election on these issues and upon the
filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
______________________________
George N. Cretekos, Mayor
Approved as to form: Attest:
__________________________________________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
Ordinance No. 8809-15
ORDINANCE NO.8809-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY
CHARTER AMENDING SECTION 2.01(d)(6) TO
ALLOW AN AMPHITHEATER/BANDSHELL AND
ASSOCIATED FACILITIES INCLUDING
REMOVABLE SEATING,TO ALLOW CERTAIN
CHANGES TO THE DOWNTOWN BOAT SLIPS,ALL
IN THE AREA BOUNDED BY DREW STREET,
PIERCE STREET, OSCEOLA AVENUE AND THE
INTRACOASTAL WATERWAY CHANNEL;
SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY
CHARTER AMENDING SECTION 2.01(d)(7), TO
ALLOW COMPATIBLE COMMERICAL USES AND
OTHER COMPATIBLE PUBLIC USES OF
PORTIONS OF THE DOWNTOWN MAIN LIBRARY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 2015Charter Review Committee appointed by the
City Council met 15 times over 8 months and reviewed the City Charter
and presented their recommendations to the City Councilon October 14,
2015; and
WHEREAS, in an effort to further existinginitiatives, the City of
Clearwater contracted with the Urban Land Institute (ULI) to evaluate the
city's vision and strategies for the development of the downtown. The
Urban Land Institute is the nation’s premier nonprofit urban planning and
real estate education and research institution representing the entire
spectrum of land use and development disciplines.
WHEREAS, Council desiresto encourage increaseduseof the
waterfront and the boat slipsas recommended by ULI; and
WHEREAS,Council has adopted certain priorities and strategies
recommended by ULI for revitalization of the Waterfront,including astrategy to:
1) Make the Library an “Attractor Element” in Downtown to bring additional
people to the Downtown through expanded mission as “maker space”;and2)
align the Library more closely with the economic development priorities of the
City forDowntown, i.e. “entrepreneurial ecosystem”; now therefore
BE IT ORDAINED BY THE CITY COUNCILOF THE
CITY OF CLEARWATER, FLORIDA:
Ordinance No. 8809-15[MU15-9100-041/176117/1] 2
Section 1. It is hereby proposed that Section 2.01(d)6 and 7of the City
Charter be amended as follows:
Section 2.01. Council; composition; powers.
* * * * *
(d) Limitations.The legislative power provided herein shall have the following
limitations:
* * * * *
(6)
No municipal or other public real property lying west of Osceola Avenue, east
of Clearwater Harbor between Drew and Chestnut Streets, being further
described in Appendix A, and no municipal or other public real property
constituting the Memorial Causeway or lands immediately contiguous thereto,
more particularly described as:
That portion of Memorial Causeway (S.R. 60) a 1,200-foot-wide right-of-way,
lying between the east abutment of the west bridge and the east line of
Clearwater Harbor, and the submerged portions of Board of Trustees of the
Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502, shall be
developed or maintained other than as open space and public utilities together
with associated appurtenances, except upon a finding by the council at a duly
advertised public hearing that such development is necessary in the interest of
the public health, safety and welfare of the citizens of the city and approval of
such finding at referendum, conducted subsequent to the public hearing.
Except that a city owned bandshell and associated facilities including
removableseating, may be constructed and maintained.City-owned tennis
courts and associated appurtenances may be constructed and maintained.
Notwithstanding any provision of this section to the contrary, city owned public
docks, promenade, side tie moorings and not more than 140 dedicated boat
slips for recreational non-commercial vessels, together with public restrooms
and dock master offices which shall not exceed 1,200 square feet and
associated surface parking, may be constructed, operated and maintained in
and on that portion of Clearwater Harbor and abutting uplands generally
located south of Drew Street, north of Smith's Finger, east of the Intracoastal
Waterway Channel and west of the Bluff as more particularly described in
Appendix B. Potable water, shore power,sewage pump out and floating
restroom facilities may be provided to the slips, docks and moorings. The
dockmaster's office may include coin-operated washers and dryers and sale of
ice. The parking for the facility, which may be designated for use by slip
tenants,shall be existing surface parking which shall be brought up to code
and shall not result in any net loss of green space. City may permit ferries,
water taxis, excursion boats and similar uses to access the docks for drop off
and pick up of passengers,booths for ticket sales, and directional signage..
The promenade shall be constructed on a portion of the footprint of the prior
bridge. City council shall adopt by resolution regulations that provide city
residents first priority for the dedicated boat slips and which insure public
access to the docks, boardwalks and promenade, however nothing herein
shall prohibit fencing andand gates for security. Concessions for rental of non-
Ordinance No. 8809-15[MU15-9100-041/176117/1] 3
motorized recreational equipment, including but not limited to canoes, kayaks,
paddleboards, and paddleboats may be permitted.No boat launching ramps,
fueling facilities or parking garage shall be permitted.
(7)
No city owned real property in the area bounded on the north by Drew Street,
on the east by Osceola Avenue, on the south by Pierce Street, and on the
west by the waters of Clearwater Harbor, shall be sold, donated, leased, or
otherwise transferred or used for other than city facilities except upon a finding
by the council at a duly advertised public hearing that such transfer or use is
necessary and in the interest of the public health, safety and welfare of the
citizens of the city and the approval of such finding at referendum.Except that
thestructure known as Harborview Center, as described in Appendix Bmay be
leased for and used in furtherance of any municipal purpose consistent with
the charter and ordinances of the city; and, portions of the Downtown Main
Library may be leased and used for a café or restaurant, special events, art
galleries, maker space and other compatible public and commercial uses.
Additionally, the council at a duly advertised public hearing, may grant
easements for underground utilities.
Section 2. A referendum election is hereby called and will be held on
March 15, 2016, at the regular city election for the consideration of the voters of
the City of Clearwater of the proposed charter amendments shallbe as follows:
DOWNTOWN WATERFRONTBOATSLIPS
Shall Clearwater Charter Section 2.01(d)(6) be amended as
provided in Ordinance8809-15 to allow, on the property
generally bounded by Drew Street, Pierce Street, the
Intracoastal Waterway Channel and the Bluff, the followingon or
as a part of the downtown boat slips: designated parking for
boat slip users, floating restroom facilities, ticket booths and
directional signage and the rental of non-motorized recreational
equipment?
YES ________
NO ________
DOWNTOWN WATERFRONT RELOCATED
Shall Clearwater Charter Section 2.01(d)(6) be amended as
provided in Ordinance 8809-15to allow, on the property
generally bounded by Drew Street, Pierce Street, the
Clearwater Harborand the Bluff,the construction and
maintenance of a city owned bandshelland associated
facilities including removable seating.
Ordinance No. 8809-15[MU15-9100-041/176117/1] 4
YES ________
NO ________
ADDITIONAL USES OF DOWNTOWN MAIN LIBRARY
Shall Clearwater Charter Section 2.01(d)(7) be amended as provided in
Ordinance 8809-15 to allow portions of the Downtown Main Libraryto
be leased and used for a café or restaurant, special events, art
galleries, maker space and other compatible public and commercial
uses?
YES ________
NO ________
Section 3.The City Clerk is directed to notify the Pinellas County
Supervisor of Elections that the referendum itemsprovided above shall be
considered at the election to be held on March 15, 2016.
Section 4. This ordinance shall take effect immediately upon adoption.
The amendments to the City Charter provided forherein shall take effect only
upon approval of a majority of the City electors voting at the referendum election
on these issues and upon the filing of the Amended Charter with the Secretary of
State.
PASSED ON FIRST READING _____________________
AS AMENDED
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
______________________________
George N.Cretekos, Mayor
Approved as to form: Attest:
________________________________________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1698
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 18.1
SUBJECT/RECOMMENDATION:
Council Priorities Bucket List Items for 2015-2016 and 2016-2017 - Councilmember Jonson
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1803
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 18.2
SUBJECT/RECOMMENDATION:
Discussion of salary increases for City Manager and City Attorney.
SUMMARY:
An analysis of comparative salary information is provided for discussions of potential salary
increase for the City Manager and City Attorney.
The information provided consists of traditional jurisdiction matches, and jurisdiction matches
by population and FTE count. A history of past annual increases is also provided.
Page 1 City of Clearwater Printed on 11/2/2015
Closest Jurisdiction Matches
POPULATION ACTUAL POPULATION ACTUAL
Gainesville 124,354 $161,385 Gainesville 124,354 $195,000
Miramar 122,041 contract out Miramar 122,041 $199,000
Coral Springs 121,096 $221,813 Coral Springs 121,096 $227,359
Miami Gardens 107,167 $192,492 Miami Gardens 107,167 $188,699
Palm Bay 103,190 $136,073 Palm Bay 103,227 $169,125
Pompano Beach 99,845 $173,738 Pompano Beach 99,845 $194,105
West Palm Beach 101,043 $162,500 West Palm Beach 101,043 $210,893 *strong Mayor structure
Lakeland 97,422 $190,301 Lakeland 97,422 $206,143
Miami Beach 90,097 $255,999 Miami Beach 90,097 $262,650
Average $186,788 Average $205,886
Clearwater $171,196 Clearwater $185,463
$ Diff -$15,591 $ Diff -$20,423
% Diff -9.1 % Diff -11.0
FTE COUNT (FT)ACTUAL FTE COUNT (FT)ACTUAL
Fort Lauderdale 2,250 $218,566 Fort Lauderdale 2,250 $226,283
Brevard Co 2,003 $167,232 Brevard Co 2,003 $180,000
Lakeland 1,977 $190,301 Lakeland 1,977 $206,143
Manatee Co 1,644 Manatee Co 1,644 $206,086
Miami Beach 1,845 $227,182 Miami Beach 1,858 $255,000
Osceola Co 999 $167,280 Osceola Co 999 $192,372
Cape Coral 1,297 $145,558 Cape Coral 1,297 $164,798
Seminole Co 1,291 $173,016 Seminole Co 1,291 $184,500
Marion Co 1,410 $185,411 Marion Co 1,410 $157,498
Average $184,318 Average $196,965 Attny
Clearwater $171,196 Clearwater $185,463 $184,318
$ Diff -$13,122 $ Diff -$11,502 $184,318
% Diff -7.7 % Diff -6.2
BY POPULATION: CLEARWATER - 107,685
City Attorney City Manager
BY FTE Count: CLEARWATER - 1689.5
City Attorney City Manager
@BCL@F405DE91Top 10 by categories 10/29/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1842
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 22.1
SUBJECT/RECOMMENDATION:
Nagano Teacher Exchange - Felicia Donnelly, Parks & Recreation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1818
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 22.2
SUBJECT/RECOMMENDATION:
Poppy Days Proclamation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1819
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 22.3
SUBJECT/RECOMMENDATION:
Suncoast Jazz Classic Weekend Proclamation - Joan Dragon, Suncoast Jazz Classic
Director
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1817
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 22.4
SUBJECT/RECOMMENDATION:
Hispanic Heritage Concert - Nio Encendio, Maxima 92.5 Program Director
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1816
Agenda Date: 11/2/2015 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 22.5
SUBJECT/RECOMMENDATION:
Clearwater Housing Authority
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/2/2015