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12/04/2017Monday, December 4, 2017 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda December 4, 2017Council Work Session Work Session Agenda 1. Call to Order 2. Presentations December Service Awards2.1 USA Softball GOLD Nationals Award - Brian Craig, Recreation Program Coordinator 2.2 3. Finance Approve participation and subscription in the ISO ClaimSearch for Non-Insurers Database effective January 1, 2018 through December 31, 2018, pursuant to City Code Section 2.564 (l) (i), services associated with Risk Management Casualty and Liability claims services; approve a not-to-exceed total of $10,000 for the annual membership fee and as-needed claim search fees; and authorize the appropriate officials to execute same. (consent) 3.1 4. Parks and Recreation Approve Mutual License and Use Agreement between the City of Clearwater (City) and BW CW Hospitality LLC (BWCW) of Houston Texas to allow for the construction of a pedestrian overpass by BWCW from the BWCW property over City Right-of-Way to City property known as Beach Walk and authorize the appropriate officials to execute same. (consent) 4.1 Authorize a Purchase Order to WescoTurf, Inc., of Sarasota, Florida, in the amount of $14,560 for mower equipment purchase less trade-in of mower ($30,460 less trade in value of $15,900), in accordance with City Code of Ordinances 2.624(6) Exceptions to Sale of Surplus Property and 2.564(1) (d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) 4.2 5. Engineering Award a construction contract to Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $3,126,188.51 for Druid Trial Phase IV (04-0021-PR) and authorize the appropriate officials to execute same. (consent) 5.1 Declare surplus for the purpose of sale, through Invitation to Bid 05-18, real property formerly used as city right-of-way located in Section 17, Township 29 South, Range 16 East whereby the successful bidder will assemble the property with meaningful development with an express prohibition against the parcel becoming an uneconomic remainder. 5.2 Page 2 City of Clearwater Printed on 12/1/2017 December 4, 2017Council Work Session Work Session Agenda Ratify and confirm an Interlocal Agreement between Pinellas County and its NPDES Co-Permittees for the Implementation and Operation of a Surface Water Quality and Biological Monitoring Program; approve the First Amendment to the Interlocal Agreement between Pinellas County and NPDES MS4 Co-Permittees for Water Quality and Biological Monitoring and authorize the appropriate officials to execute same. 5.3 6. Economic Development and Housing Approve the First Amendment to the 2016 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes, adopt Resolution 17-38 and authorize the appropriate officials to execute same. 6.1 Approve the City of Clearwater’s Fiscal Year 2016-2017 Consolidated Annual Performance and Evaluation Report (CAPER). 6.2 Accept the 2017 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). 6.3 7. Information Technology Award a Blanket Purchase Order to Encore Broadcast Systems, Inc. of Tampa, FL, in the amount of $563,000 for the purchase of advanced audio-video equipment for Main Library, Fire Station 45, Police sites, Public Utilities sites, and General Services; increase the budget in capital improvement project 315-94890, Advanced Enterprise Audio Visual R and R by $563,000 and authorize the appropriate officials to execute same. (consent) 7.1 8. Solid Waste Approve the purchase of HVAC replacement and repair parts in the amount of $300,000 for Fiscal Year 2017/18, to vendors as listed, in accordance with City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, to include other sourced vendors as required, and authorize the appropriate officials to execute same. (consent) 8.1 Approve a proposal from Construction Manager at Risk, Khors Construction, Inc. of Thonotosassa, FL, in the amount of $375,267.19 for improvements to Pier 60 - Project KC-1801 and authorize the appropriate officials to execute same. (consent) 8.2 9. Gas System Approve a Purchase Order with Pasco Investment Land, LLC, in the amount of $600,000 for payment of Energy Conservation Allowances and authorize the appropriate officials to execute same. (consent) 9.1 Page 3 City of Clearwater Printed on 12/1/2017 December 4, 2017Council Work Session Work Session Agenda Approve Walbridge Aldinger of Tampa, FL as the Construction Manager (CM) at Risk firm for the Clearwater Gas System Facility Redevelopment Project (15-0043-GA); authorize the guaranteed maximum price (GMP) of $23,359,100 to Walbridge Aldinger, and authorize the appropriate officials to execute same. (consent) 9.2 Approve Brownfield Site Rehabilitation Agreement (BSRA) BF529701006 for the property located at 400 N. Myrtle Avenue, Clearwater, Florida, formerly known as the Clearwater Manufactured Gas Plant (MGP), parcel 09-29-15-74052-000-0020, located within the designated Clearwater Brownfields Area and authorize the appropriate officials to execute same. 9.3 10. Planning Authorize a Work Order to Kimley-Horn and Associates, Inc. of Tampa, Florida in the amount of $125,000.00 to prepare a Complete Streets Concept Plan for the City of Clearwater, and authorize the appropriate officials to execute same. (consent) 10.1 Authorize a Work Order to Kimley-Horn and Associates, Inc., of Tampa, Florida, in the amount of $75,000, to prepare a Complete Streets Concept Plan for Drew Street from North Osceola Avenue to US Highway 19, and authorize the appropriate officials to execute same. (consent) 10.2 Adopt Ordinance 9062-17 on second reading, approving amendments to the Clearwater Comprehensive Plan Utilities Element to address the City of Clearwater’s Potable Water Supply Facilities Work Plan (2016-2026 Planning Period). (CPA2017-06002) 10.3 11. Official Records and Legislative Services Appoint one member to the Environmental Advisory Board with term to expire December 31, 2021. 11.1 Appoint two members to the Neighborhood and Affordable Housing Advisory Board (NAHAB) for the Banking/Mortgage industry and the Clearwater resident special qualifications with terms to expire November 30, 2021. 11.2 12. Legal Request for authority to file a probate case to administer an estate in the matter of Doretha Carson Leverson. (consent) 12.1 Adopt Ordinance 9042-17 on second reading, amending the Community Development Code pertaining to Medical Marijuana. 12.2 Page 4 City of Clearwater Printed on 12/1/2017 December 4, 2017Council Work Session Work Session Agenda Adopt Ordinance 9048-17 on second reading, amending the City’s Comprehensive Plan in accordance with Florida Senate Bill 1094 (2015) “Peril of Flood Act.” 12.3 Adopt Ordinance 9066-17 on second reading, annexing certain real property whose post office address is 921 Berkley Place, Clearwater, Florida 33765, together with certain rights-of-way of Berkley Place and Palmetto Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.4 Adopt Ordinance 9067-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 921 Berkley Place, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Urban (RU). 12.5 Adopt Ordinance 9068-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 921 Berkley Place, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.6 Adopt Ordinance 9069-17 on second reading, annexing certain real properties whose post office addresses are 901, 911, and 917 Glen Oak Avenue East, 3025 and 3061 Glen Oak Avenue North, 3026 Grand View Avenue, 3046 and 3053 Hoyt Avenue, 3065 and 3071 Merrill Avenue, 911 Moss Avenue, and two unaddressed parcels more appropriately known as Lake Louise and Lake Carol, all in Clearwater, Florida, 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.7 Adopt Ordinance 9070-17 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 901, 911, and 917 Glen Oak Avenue East, 3025 and 3061 Glen Oak Avenue North, 3026 Grand View Avenue, 3046 and 3053 Hoyt Avenue, 3065 and 3071 Merrill Avenue, 911 Moss Avenue, and two unaddressed parcels more appropriately known as Lake Louise and Lake Carol, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Water Drainage Feature Overlay. 12.8 Page 5 City of Clearwater Printed on 12/1/2017 December 4, 2017Council Work Session Work Session Agenda Adopt Ordinance 9071-17 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 901, 911, and 917 Glen Oak Avenue East, 3025 and 3061 Glen Oak Avenue North, 3026 Grand View Avenue, 3046 and 3053 Hoyt Avenue, 3065 and 3071 Merrill Avenue, 911 Moss Avenue, and two unaddressed parcels more appropriately known as Lake Louise and Lake Carol, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.9 Adopt Ordinance 9080-17 on second reading, annexing certain real property whose post office address is 1712 Evans Drive, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.10 Adopt Ordinance 9081-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1712 Evans Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. 12.11 Adopt Ordinance 9082-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1712 Evans Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.12 Adopt Ordinance 9083-17 on second reading, annexing certain real properties whose post office addresses are 900 Glen Oak Avenue East, 3024, 3030, 3031, and 3055 Glen Oak Avenue North, 3058 Grand View Avenue, 3013 Lake Vista Drive, 701, 708, and 906 Moss Avenue, and 3063 and 3069 Terrace View Lane, all in Clearwater, Florida, 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.13 Adopt Ordinance 9084-17 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 900 Glen Oak Avenue East, 3024, 3030, 3031, and 3055 Glen Oak Avenue North, 3058 Grand View Avenue, 3013 Lake Vista Drive, 701, 708, and 906 Moss Avenue, and 3063 and 3069 Terrace View Lane, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 12.14 Page 6 City of Clearwater Printed on 12/1/2017 December 4, 2017Council Work Session Work Session Agenda Adopt Ordinance 9085-17 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 900 Glen Oak Avenue East, 3024, 3030, 3031, and 3055 Glen Oak Avenue North, 3058 Grand View Avenue, 3013 Lake Vista Drive, 701, 708, and 906 Moss Avenue, and 3063 and 3069 Terrace View Lane, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.15 Adopt Ordinance 9086-17 on second reading, annexing certain real property whose post office address is 1758 Lucas Drive, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.16 Adopt Ordinance 9087-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1758 Lucas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 12.17 Adopt Ordinance 9088-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1758 Lucas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.18 Adopt Ordinance 9089-17 on second reading, annexing certain real property whose post office address is 1302 South Duncan Avenue, Clearwater, Florida 33756, together with certain right-of-way of South Duncan Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.19 Adopt Ordinance 9090-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1302 South Duncan Avenue, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Residential Low (RL). 12.20 Adopt Ordinance 9091-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1302 South Duncan Avenue, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.21 13. City Manager Verbal Reports 14. City Attorney Verbal Reports 15. Council Discussion Item Page 7 City of Clearwater Printed on 12/1/2017 December 4, 2017Council Work Session Work Session Agenda Quarterly Project Report Update - Councilmember Jonson15.1 16. 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). 17. Closing Comments by Mayor 18. Adjourn 19. Presentation(s) for Council Meeting December Service Awards19.1 2017 Carol Easterling Award Recipient- Central Region19.2 ARC Festival of Trees - Madison Orr Hauenstein, Executive Director, The Arc 19.3 Environmental Advisory Board Presentation - Jared Leone, EAB Chair19.4 Library Board Update - Barbara Blakely, Library Board Chair19.5 Page 8 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4075 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: December Service Awards SUMMARY: 5 Years of Service: Charles Daniels Police David Pearson Information Technology Vicki Hendrix Parks and Recreation Robert Starks Public Utilities Nicolas Namaga Public Utilities Glenn Ferris Parks and Recreation Justin Fletcher Solid Waste Belinda Darcy Police Jon Bolger Gas 10 Years of Service: Miguel Tambucho Parks and Recreation Gary Edwards Engineering/Parking Jill Silverboard City Manager Michael Quinzi Parks and Recreation David Huff Public Utilities 15 Years of Service: Jere Gunderman Parks and Recreation Jacqueline Clemons Parks and Recreation Daise Castillo Library Sam Swinton Planning and Development Services Antony Mills Police Jeffery Richardson Police Nathan Burnside Police Scott Fowler Police 20 Years of Service: Robert Jones Parks and Recreation Robert Strieder Public Utilities Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4075 Deborah Weitzel Fire Philip Ruppel Public Utilities 25 Years of Service: James Atherholt Parks and Recreation Page 2 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4107 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.2 SUBJECT/RECOMMENDATION: USA Softball GOLD Nationals Award - Brian Craig, Recreation Program Coordinator SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4096 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve participation and subscription in the ISO ClaimSearch for Non -Insurers Database effective January 1, 2018 through December 31, 2018, pursuant to City Code Section 2.564 (l) (i), services associated with Risk Management Casualty and Liability claims services; approve a not-to-exceed total of $10,000 for the annual membership fee and as -needed claim search fees; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department would like to participate and be a member of the ISO ClaimSearch database for Casualty and Claims Inquiry, which would allow Risk Management Specialists to determine if claimants who have filed claims against the City of Clearwater for bodily injury or workers compensation claims have had previous and /or current accidents nationwide. This database is shared by most insurance companies, third party administrators and municipalities in the industry who administer claims and is considered part of best practices in claims management and severity control. ISO is a single source provider of this service and its reputation and quality of product are well known in the industry. This web based search and report tool is particularly effective in identifying professional claimants. There is a $7.65 per claim fee for claims submitted to the database for research, along with an annual membership fee of $1,100. Claims reports received will be accessed through a web portal. Staff is requesting approval of a not -to-exceed amount of $10,000 to cover expected searches for calendar year 2018, based on our fiscal year 2017 claims experience. This not -to-exceed amount also includes the annual membership fee of $1,100. The agreement does include an auto-renewal provision with a 90-day cancellation clause. APPROPRIATION CODE AND AMOUNT: Funding is available in the Central Insurance Fund budget for the not-to-exceed balance. Account # 590-09830-557100-519-000-0000 $1,100 Account # 590-09830-530300-519-000-0000 $8,900 Page 1 City of Clearwater Printed on 12/1/2017 MASTER AGREEMENT March 2014 Edition Agreement made this 21st day of September, 2017 between Insurance Services Office, Inc., located at 545 Washington Boulevard, Jersey City, New Jersey 07310-1686, on behalf of itself, its subsidiaries and affiliates (“ISO®”) and City Of Clearwater located at 100 S. Myrtle Ave. Clearwater, FL 33758 (“Licensee”). In consideration of the mutual covenants contained herein for good and valuable consideration by both parties, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. LICENSE: Subject to and conditioned upon Licensee’s continued compliance with all the terms and conditions of this Agreement, ISO grants to Licensee a non-exclusive, non-transferable license to use the data, products, information, services, ISO-supplied software and associated documentation (“Products”) set forth in the Product Supplement(s) attached hereto and incorporated herein by reference, solely within the states, jurisdictions or territories of the United States of America, subject to the terms and conditions contained herein. “Agreement” shall mean this agreement, its Annexes, Exhibits and all Product Supplement(s) executed by Licensee. ISO will provide to Licensee, for sole use by Licensee, the Products described in a Product Supplement(s) provided the Licensee executes all necessary Product Supplements, and abides by the terms of this Agreement. Licensee shall use the Products solely to provide services to insurance companies that are licensed by ISO to receive and use the ISO Products for the state(s) and lines(s) of insurance or subdivision(s) thereof pertaining to the Products. Licensee shall provide ISO with a list of the insurance companies to which it intends to provide services using the Products and must confirm with ISO that each such insurer is currently licensed by ISO to use the Product(s) prior to Licensee providing the services. Except as may be permitted under a Product Supplement(s), Licensee agrees to restrict access to all Products and the information or data therein to those employees of Licensee who have a need to use them solely in connection with the provision of the services noted above (“authorized employees”). Neither Licensee, its authorized employees, any other authorized user of the Products, nor anyone acting by or through Licensee shall sell, copy, transfer, distribute, publish, disclose, display or otherwise make the Products available, in whole or in part, or any of the informati on or data therein, to any other person or entity, without the express prior written consent of ISO. Licensee will be responsible for any unauthorized disclosure or use by its directors, employees, advisers and contractors of the Products or services licensed. a. For the sole purpose of verifying Licensee’s compliance with this Agreement, ISO may require, on at least ten (10) days prior notice, an examination and copying of Licensee’s books of account, information, operations, records, documents and other materials under the control of the Licensee, and other related entities, which contain records of Licensee’s use of the Products in accordance with this Agreement. All such documents shall be kept available by Licensee for at least three (3) years after the period to which they relate. ISO may exercise this right once in any twelve (12) month period. The audit will be conducted by ISO or its authorized representatives and at ISO’s expense. b. Licensee understands and acknowledges that various laws require ISO to safeguard information which insurers, customers and other third parties entrust into ISO’s care. ISO maintains strict privacy and security polices to ensure that access to and use of said information is limited to authorized users and permitted purposes. In accordance with these policies, ISO is required to verify that entities receiving Products are, in fact, approved and authorized to receive the specific Product, content or service in question. Therefore, ISO requires and Licensee agrees to (i) fully cooperate with ISO in connection with any pre -service review of Licensee prior to permitting Licensee to access or obtain information from ISO under this Agreement; and (ii) fully cooperate with ISO’s continued monitoring of Licensee including the recertification of Licensee’s credentials and usage patterns on a periodic basis to assure continued compliance with this Agreement and ISO’s privacy and security policies. Pre-service review may include but not be limited to a verification of Licensee’s type of business; confirmation that the stated permissible purpose for obtaining Products is compatible with the type of business conducted by Licensee; conducting a physical inspection of Licensee’s premises to assure that it is a legitimate business facility, including the confirmation that advertisements and posted signs are compatible with Licensee’s purported business and purposes; verifying the financial status of Licensee; and verifying Licensee’s business references, business phone and address records and web pages through the use of recognized third parties. In the event Licensee fails to satisfy any of the conditions specified above, ISO may immediately cease providing Products to Licensee and may terminate access to the Products and thereafter notify Licensee of same. 2. TERM AND TERMINATION: This Agreement is effective on the date noted above and shall remain in force until terminated. a. This Agreement or any Product Supplement may be terminated by ISO: i. if Licensee materially violates any term or condition of this Agreement and fails to cure said violation within thirty (30) days following receipt of notice thereof from ISO. In such event, ISO may cease providing the DocuSign Envelope ID: 9F7E8384-2490-4E4F-A93E-9D7F7C91D8A1 Master Agreement March 2014.doc Page 2 of 7 Product(s) to Licensee. Upon Licensee curing its default hereunder to ISO’s satisfaction, ISO may reinstitute the provision of and access to Products at the earliest reasonable opportunity; or ii. if Licensee defaults in the payment of any fee(s) or charge(s) due upon ten (10) days prior notice. iii. if ISO makes a business decision to discontinue any Product(s), and/or the maintenance and support of any Product(s) licensed hereunder, provided, however, that ISO shall provide Licensee with at least ninety (90) days notice of any such discontinuance; or iv. immediately, if Licensee (i) terminates or suspends its business; (ii) becomes subject to any bankruptcy or insolvency proceeding under federal or state law; or (iii) becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority; or v. immediately, without prior notification, terminate Licensee’s access to the Product or the information contained in the Product if ISO is no longer authorized by a third party provider to deliver the Product or the information contained therein, or if directed by a third party provider; or. vi. Licensee undergoes a “change of control”, defined as (i) the purchase by one or more related entities of all or a majority of the voting stock of Licensee; (ii) the sale by Licensee of a majority of its assets to one or more related entities; or (iii) the merger or consolidation of Licensee into or with one or more entities such that the voting or practical control of Licensee is vested in a surviving entity other than Licensee. vii. for any other reason, upon one hundred eighty (180) days written notice to Licensee. b. Licensee may terminate any Supplement, or portion thereof: i. if ISO terminates or suspends its business; or ii. if ISO becomes subject to any bankruptcy or insolvency proceeding under federal or state law; or iii. if ISO becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority; or iv. for any other reason, upon one hundred eighty (180) days written notice to ISO. In the event of termination including expiration of this Agreement or any Supplement, ISO shall have the right to immediately cease providing Products to Licensee and immediately terminate Licensee’s access to Products without notice or demand. Termination under this Section 2 shall not relieve Licensee of its obligations regarding property or copyright as specified in Sections 7. and 8. In the event of termination as a result of Licensee’s failure to comply with any of its obligations under this Agreement, Licensee shall continue to be obligated for any payments due up to and including the effective date of termination. In addition, if the license to use any Product provided to Licensee electronically is terminated, Licensee will be liable and charged for payment of all termination or de -installation charges incurred by ISO related thereto, if any. Termination of this Agreement and/or any Product Supplement(s) shall be in addition to and not in lieu of any other remedies available to ISO. Upon the expiration or other termination of this Agreement, the Licensee shall immediately discontinue use of the Products, and at ISO’s option, (i) return to ISO all applicable Products provided, including all manuals, associated documentation and any copies thereof; or (ii) destroy the applicable Products, including all manuals, associated documentatio n and any copies thereof, and certify in a writing signed by an officer of the Licensee that they have been so returned or destroyed. 3. RESTRICTION AGAINST TRANSFER OF CONFIDENTIAL INFORMATION: ISO and Licensee acknowledge that much, if not all, of the material and information which has or will come into their possession from the other party pursuant to this Agreement consists of confidential and proprietary information, nonpublic information or software of the disclosing part y and its affiliates, agents, licensees or third parties (“Confidential Information”). The parties agree that the terms and conditions of this Agreement including, without limitation, all exhibits, attachments, and Product Supplements hereto, are confidential notwithstanding any failure to mark it so, and that neither party shall disclose the contents of this Agreement, except to representatives of a party who are under obligations of confidentiality by law (e.g. legal counsel), without the prior written consent of ISO, provided however that the general existence of this Agreement shall not be treated as confidential information. The party receiving such Confidential Information agrees to hold it in strictest confidence and agrees not to release or disc lose such Confidential Information to any individual or entity, whether employee, subcontractor, or subcontractor employee, except that the receiving party may disclose such information to its employees who are necessarily involved in the provision of the products and services hereunder and have agreed in writing to keep the information confidential to protect the disclosing party’s interests. Licensee shall be liable for any breach of this confidentiality provision by any of its affiliates, employees, representatives or agents. a. The receiving party agrees that it shall not disclose or release any Confidential Information which is disclosed to the receiving party either (i) in a writing or other tangible form or (ii) orally to any third party, except with the disclosing party’s prior written consent, unless compelled to do so by legal process. In such case, the receiving party shall give the disclosi ng DocuSign Envelope ID: 9F7E8384-2490-4E4F-A93E-9D7F7C91D8A1 Master Agreement March 2014.doc Page 3 of 7 party reasonable and sufficient notice to allow the disclosing party to take action to protect its confidential informat ion and trade secrets. The receiving party shall treat the disclosing party’s Confidential Information in the same manner and with the same protections and safeguards as receiving party treats its own confidential information and trade secrets. The Receiving Party further agrees that if the Disclosing Party is not successful in precluding the requesting legal body from requiring the disclosure of the Proprietary Information, the Receiving Party shall disclose only that portion of the Confidential Information which is legally required to be disclosed and, at the request and expense of the Disclosing Party, will exercise all reasonable efforts to obtain reliable assurances that confidential treatment will be accorded the Confidential Information. b. The party receiving Confidential Information further agrees not to (i) use the Confidential Information for its own benefit or for the benefit of any third parties, other than for the performance of its obligations under this Agreement, and (ii) releas e or disclose the Confidential Information to any other entity, either during the term or after the termination of this Agreement. In the event of any breach of this confidentiality obligation or of the obligations relative to the rights to products and se rvices pursuant to this Agreement, or any product developed or delivered in providing Services, the Receiving Party acknowledges and agrees that due to the nature of the Disclosing Party’s Confidential Information, that any breach or threat thereof of its obligations hereunder, or any unauthorized use or release or threatened use or release of any Confidential Information may result in irreparable harm to the Disclosing Party and that in the event of violation of this Agreement, without limiting a Party’s other rights and remedies in law or equity, the Disclosing Party shall be entitled to appropriate equitable relief including an injunction without the necessity of posting bond or specific performance, against the Receiving Party for breaching or threatening to breach this Agreement in addition to whatever remedies it might have at law including reasonable attorney’s fees and damages without the necessity of proving actual damages. Licensee shall be liable for any breach of this confidentiality provision by any of its affiliates, employees, representatives or agents. c. The party receiving the Confidential Information shall be solely responsible for maintaining the security of such Confidential Information and for complying with all federal, state, provincial and local laws, regulations, or other requirements including the Gramm-Leach-Bliley Act of 1999, 15 U.S.C., Section 6801, et seq. as amended from time to time governing the privacy, confidentiality and non-disclosure of such information. d. The foregoing obligations shall not apply to any information which: i) is or becomes known publicly through no fault of the Receiving Party; or ii) is acquired or learned by the Receiving Party from a third party not under a duty of confidentiality; or iii) is already known to the Receiving Party before receipt from the Disclosing Party as shown by the Receiving Party ’s written records; or iv) is independently developed by the Receiving Party, as shown by the Receiving Party ’s written records, without use of or reference to the Disclosing Party’s information or the participation of individuals who have had access to the Disclosing Party’s confidential or proprietary information and/or in a manner that is not in violation of the Disclosing Party’s intellectual property rights; provided in each case that such forgoing information was not delivered to or obtained by the Receiving Party as a result of any breach of this Agreement, the Law or any contractual, ethical or fiduciary obligation owed to Disclosing Party, v) has been aggregated to a level where it can no longer be identified as Confidential Information of the Disclosing Party or the Disclosing Party’s customers or vi) must be disclosed by operation of law or regulation or legal proceeding. e. The foregoing obligations of each party shall survive the termination or expiration of this agreement. 4. RESTRICTION AGAINST COPYING OR MODIFYING THE LICENSED PRODUCT: The Products licensed hereunder may not be copied, modified or reproduced except as provided herein unless compelled to do so by legal process. In such case, Licensee shall give ISO reasonable and sufficient notice to allow ISO to take action to protec t its confidential information and trade secrets. Use of the Products does not confer the right to print, reprint, publish, copy, sell, file or use same in any manner without the written permission of the copyright owner. Licensee agrees to reproduce and incorporate ISO’s copyright notice, or the third party copyright notice stated in the Products, in any copies, modifications or partial copie s of the Products that Licensee makes. 5. FEES: Licensee agrees to pay all fees invoiced for Products licensed to Licensee by ISO regardless of whether Licensee actually uses any or all such Products. Licensee agrees to pay such invoices within thirty (30) days of receipt of the invoice. The fee for the initial distribution term for each Product licensed after the ef fective date of the Agreement is indicated on the applicable Product Supplement. ISO reserves the right to amend the fees due on prior notice to Licensee. Except for taxes based on ISO’s income, Licensee shall be responsible to pay for all federal, state, and local sales, excise, use or similar taxes in connection with Licensee’s license or use of the Products licensed hereunder. Interest shall be due on all charges not paid within thirty (30) days at the rate of 1% per month or the maximum interest permitted by law, whichever is less. A default in the payment of charges due for one Product may result in the termination of the license to use all Products and terminatio n of access to Products provided to Licensee electronically. In the event Licensee desires to re-establish its license to use and/or access the Products after ISO has terminated this Agreement hereunder, and ISO agrees to provide such Products or access, Licensee shall pay all outstanding charges, as well as any administrative costs that ISO may impose, and if applicable, all charges incurred by ISO in disconnecting and reconnecting Licensee access to the Products. For any Products which will be provided to Licensee electronically, the Licensee, at its expense is required to: (a) provide all necessary Licensee equipment and appropriate interfacing devices, and (b) pay for all costs to connect to an ISO-provided connect point or designated node. 6. SECURITY REQUIREMENTS: DocuSign Envelope ID: 9F7E8384-2490-4E4F-A93E-9D7F7C91D8A1 Master Agreement March 2014.doc Page 4 of 7 a. Licensee agrees to comply with the following security requirements for any Products licensed hereunder. Licensee agrees that it will not attempt to circumvent any security measures contained within or associated with any Product licensed hereunder. Licensee shall not attempt to decompile, reverse engineer, or otherwise disassemble or obtain the source code of any Product provided hereunder. b. To the extent a Product licensed hereunder is accessed electronically third-party software, sometimes called “spyware”, can infect a user’s computer and capture data without permission. ISO is not responsible if any confidential data of Licensee or its agents is compromised in this manner. In order to protect its own data, ISO reserves the right, without prior notice, to suspend access to any ISO web application by any user or agent whose computer is infected in this manner until the infection is removed. ISO will make reasonable efforts to notify the Licensee beforehand, but circumstances may require prompt action. c. Passwords. For those Products designated on the Product Supplement(s) as requiring a password, ISO will assign unique sign-on IDs and passwords, and Licensee and its authorized employees shall only access the Product(s) through use of the assigned sign -on IDs and passwords, which must be kept confidential. Each ID will be for the personal use of a single employee only. Licensee shall not distribute or divulge a valid sign-on ID and/or password to anyone except to its authorized employees, unless otherwise permitted in the Pr oduct Supplement(s) or in a separate writing by ISO. Licensee is responsible for all charges as described in the Product Supplement(s) as they relate to the use and activity charged to Licensee’s sign-on IDs. ISO retains the right to change any sign-on ID and/or password at its discretion and notify Licensee sufficiently in advance so as not to interfere with Licensee’s authorized continuous use of the Product(s). ISO also agrees to promptly change the password upon Licensee’s request. Access to Products which require a password must be discontinued simultaneously: (i) for any employee, with the end of that employee’s employment with Licensee; and (ii) for any other user authorized by the Product Supplement(s), or otherwise authorized by ISO in writing, with the end of that user’s relationship with Licensee. Licensee shall be liable, and indemnify ISO, for all fees and all loss or damage caused by or resulting from the continued use of Licensee sign-on ID(s) and password(s) by terminated employees or unauthorized users. d. Compliance with Applicable Law: Each party certifies and warrants that it will comply with all federal, state and local statutes, regulations and rules applicable to it and to its obligations under this Agreement. Each party represents that it has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of it has been properly authorized and empowered to enter into this Agreement. The parties both warrant that they are in valid existence and in good standing under the laws of a state of the United States; that they have all the requisite power and authority to execute, deliver, and perform this Agreement; that they have duly authorized execution, delivery, and performance of this Agreement; that they have and shall maintain any governmental license, authorization, or qualification required for them to perform pursuant to this Agreement; that no approval, authorization, or consent of any governmental or regulatory authority is required to be obtained for them to execute, deliver and perform pursuant to this Agreement; and to their knowledge, there is no outstanding litigation, arbitrated matter, or other dispute to which th ey are a party which, if decided unfavorably to them, would reasonably be expected to have a material adverse effect on that party ’s ability to fulfill its respective obligations under this Agreement. 7. ACKNOWLEDGEMENT OF ISO INTELLECTUAL PROPERTY: Licensee acknowledges that ISO claims ownership of and a copyright in the Products. ISO is the owner or authorized licensee of all proprietary information contained in the Products and has the right to grant Licensee the license to use the Products in accordance with this Agreement without violating any law, rule or regulation. Licensee shall not contest or dispute, and waives any defense concerning, any valid ownership or copyright claim made by ISO in the Products. Licensee agrees not to take any action that would in any way impair, jeopardize, be inconsistent with, or violate ISO’s ownership of the Product(s) or any valid ISO copyright. ISO’s claims of copyright relate to all Products provided to Licensee pursuant to this Agreement, unless it is stated in the Product Supplement(s), or on the Product itself, that a Product is copyrighted by or proprietary to a third party. All applicable rights to patents, copyrights, trademarks and trade secrets in the Products, and any modifications made to the Produ cts, and in the information or data therein, shall remain in ISO or the applicable third party. Licensee agrees that such third parties are third-party beneficiaries of this Agreement and are entitled to enforce their rights hereunder against Licensee. Nothing in this Agreement shall be construed as granting to Licensee any right, title or interest in or to any patent, trademark, copyright or other right of ISO or any applicable third party. Licensee warrants and represents that it will take all reasonable steps necessary to protect and preserve the Product(s) and the interests and rights of ISO and any applicable third parties therein, including appropriate a ction by instruction or agreement with its employees permitted access to the Products. 8. REQUIRED COPYRIGHT NOTICE: a. If Product(s) are reprinted, copied or otherwise used in full, copies must reflect the copyright notice actually shown on the Product(s). DocuSign Envelope ID: 9F7E8384-2490-4E4F-A93E-9D7F7C91D8A1 Master Agreement March 2014.doc Page 5 of 7 b. If Product(s) are reprinted, copied or otherwise used in part, the following legend must appear at the bottom of each page so used: “Includes copyrighted material of Insurance Services Office, Inc. with its permission.” If the material to be reprinted, copied or otherwise used is copyrighted by a third party, Licensee must obtain permission of the copyright owner to so use the material, and abide by any requirements set forth by the third party. 9. LIMITATION ON WARRANTIES; NO LIABILITIES: OTHER THAN THOSE REPRESENTATIONS OR WARRANTIES SPECIFICALLY SET FORTH HEREIN, ISO MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IN RESPECT OF ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, ISO’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO ISO FOR THE LICENSE TO USE THE PRODUCT DURING THE TWELVE MONTH PERIOD PRECEDING THE RESPECTIVE EVENT(S) GIVING RISE TO SUCH LIABILITY OR OBLIGATION. FOR ALL PRODUCTS WHERE LICENSEE PAYS FOR THE PRODUCT ON A TRANSACTION BASIS, ISO’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SPECIFIC TRANSACTION GIVING RISE TO SUCH LIABILITY OR OBLIGATION. THE INFORMATION INCLUDED IN THE PRODUCT(S) MAY BE STATISTICAL SAMPLES AND/OR ACTUARIAL CALCULATIONS, AND ISO MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, THAT THE PRODUCTS WILL ACCURAT ELY REFLECT, PREDICT OR RESEMBLE EXPERIENCE FOR THE ENTIRE INSURANCE INDUSTRY OR ANY INSURER(S). ALL ISO SERVICES AND PRODUCTS ARE ADVISORY AND ARE PROVIDED AS IS. ISO DOES NOT WARRANT THE COMPLETENESS, ACCURACY OR CURRENCY OF THE PRODUCT OR THE INFORMATION CONTAINED THEREIN. ISO SHALL HAVE NO LIABILITY FOR CONCLUSIONS THAT MAY BE REACHED BY THE LICENSEE. Except as provided herein, neither ISO, its directors, officers, employees, agents, or participants shall be liable to Licensee, nor to anyone else, for any loss or damage of any kind and however caused, including without limitation, any special, incidental, indirect, consequential or exemplary damages, losses or expenses, lost profits, failure to realize expected savings or any ot her commercial or economic loss of any kind resulting from Licensee’s use of the Product(s). Licensee agrees to indemnify and hold ISO harmless from and against any loss, damage, claim, suit or expense, including reasonable attorney ’s fees, arising out of or relating to the improper use of the Product(s) by Licensee. With respect to Product(s) provided to Licensee electronically, ISO does not warrant that access will be available during all scheduled hours of operation. ISO represents it will use best efforts to correct any ISO system malfunction causing any unavailability in a timely manner. Oral statements do not constitute warranties, shall not be relied upon by Licensee, and are not part of this Agreement. Force Majeure. Except for the obligation to pay money, nei ther party shall be deemed in default of this Agreement to the extent its performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any act of nature, fire, natural disaster, war, act of government, labor action or strike, unavailability of materials, labor, utilities (including Internet) or supplies or any other thing beyond the control of such party (“Force Majeure”), and the time in which such party may perform those obligations pursuant to this Agreement shall be extended for a period equal to the period of the unavoidable delay. 10. INDEMNIFICATION BY ISO: Licensee shall notify ISO promptly of any claim that any Product, or Licensee’s use of any Product, is improper or illegal or violates the righ ts of any third party. ISO agrees to defend, indemnify and hold Licensee harmless from and against any loss, cost, expense, damage or liability resulting from any claim or suit brought against Licensee based on an allegation that a Product, when properly used as permitted herein, infringes any United States copyright, trademark, patent or other intellectual property right, provided that Licensee, within fifteen (15) days of receipt of notice of any such alleged infringement, notifies ISO of such allegation in writing. ISO shall have the sole right to conduct the defense of any such claim or suit and all negotiations for its settlement or compromise, unless otherwise mutually agreed to in writing by the parties hereto. In the event that Licensee’s use of any Product is held to constitute an infringement and use of that Product is permanently enjoined, ISO shall, at its option and expense, either: (i) procure for Licensee the right to continue using such Product; or (ii) modify such Product to become non-infringing; or (iii) replace such Product with an equally suitable, compatible and functionally equivalent non-infringing product; or (iv) grant Licensee a pro-rata refund of the charges paid for such Product provided that prior to paying such refund Licensee returns such Product and all copies and partial copies thereof to ISO. Should Licensee learn of the infringement of any Product(s) licensed under this Agreement, Licensee shall promptly advise ISO in writing, and provide ISO with any available evidence of such infringement. In any such infringement suit as ISO may determine to institute to enforce its intellectual property rights, Licensee shall, at the request and expense of ISO, cooperate with ISO in all reasonable respects, including having its employees with relevant information provide such information to ISO and testify when requested by ISO, and make available to ISO any relevant records, papers, information and the like. DocuSign Envelope ID: 9F7E8384-2490-4E4F-A93E-9D7F7C91D8A1 Master Agreement March 2014.doc Page 6 of 7 11. NOTICE: Unless otherwise provided in this Agreement, all notices, directions, instructions, orders, requests, demands, acknowledgments and other communications required or permitted to be given hereunder shall be in writing, addressed to the parties at their respective addresses set forth at the beginning of this Agreement or to such other addresses as one party may furnish in writing to the other, and shall be deemed properly given or made when: (i) delivered personally; by messenger or a recognized overnight delivery service having a delivery tracking and verification system (such as Federal Express, UPS, DHL) charges prepaid. (ii) made or given by, facsimile; or (iii) received by first class mail, postage prepaid, or upon the expiration of three (3) days after any such notice, direction, instruction, order, request, demand, acknowledgment or other communication is deposited in the United States mail for transmission by first class mail, postage prepaid, whichever shall occur first. 12. SURVIVAL OF TERMS: The terms and conditions set forth in Sections 2 through 4, and 6 through 14 shall survive the termination of this Agreement, except as may be provided in the provisions themselves. 13. CHOICE OF LAW AND EXCLUSIVE JURISDICTION AND VENUE FOR ADJUDICATING ANY DISPUTE: This Agreement shall be governed by and construed in accordance with the laws of the State of New York as an agreement made and wholly performed therein. Any litigation, action, or proceeding arising out of any dispute concerning or otherwise attem pting to enforce, interpret, or remedy any breach of this Agreement shall be brought only in a court of competent jurisdiction (whe ther federal or state) sitting within the State and County of New York. The parties irrevocably and unconditionally (a) submit to personal jurisdiction in the State of New York and consent to venue in the County of New York with respect to any such action , (b) waive any objection to the jurisdiction and venue in the State and County of New York, and (c) agree not to plead or clai m in any such court that any such suit, action or proceeding has been brought in an inconvenient forum. 14. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original instrument, and all such counterparts shall together constitute the same document. Any executed counterpart transmitted by facsimile, electronic signature, electronic communication in portable document format (.pdf), or similar transmission by any Party to the other party shall be deemed an or iginal and shall be binding upon such Party and together constitute one and the same agreement. 15. GENERAL: This Agreement, its Annexes, Exhibits and Product Supplement(s), constitutes a fully integrated contract and states the entire Agreement between the parties. It supersedes and merges any and all prior discussions, representations , demonstrations, negotiations, correspondence, writings and other agreemen ts and together states the entire understanding and agreement upon which ISO and Licensee rely respecting the subject matter of this Agreement. The captions or headings used in this Agreement are for convenience and in no way define, limit or enlarge the scope of this Agreement or any of its Sections. This Agreement, and the Annexes and Product Supplements, may be changed or modified only in writing signed by authorized representatives of both parties. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is, to the extent invalid, deemed to be omitted and the remaining provisions of the Agreement shal l continue in full force and effect. The failure or delay of either party to insist upon the perfo rmance of any of the terms of this Agreement in any one or more instances will not be construed as a waiver or relinquishment of the future performance of any such term, and the obligation of the parties with respect to any such future performance will con tinue in full force and effect. No action, regardless of form, arising out of this Agreement may be brought by Licensee more than one year after the cause of action has arisen. This Agreement inures to the benefit of and is binding upon the successors an d assigns of ISO. It likewise inures to the benefit of Licensee, but no interest herein shall be transferred or assigned in any manner by Licensee. Any transfer or assignment or attempted transfer or assignment is void and of no effect. This contract is not valid against ISO unless and until executed by the appropriate ISO officer or authorized representative at the appropriate ISO home office. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their authorized representatives as of the day and year first above written. City Of Clearwater INSURANCE SERVICES OFFICE, INC. LICENSEE on behalf of itself, its subsidiaries and affiliates (ISO) DocuSign Envelope ID: 9F7E8384-2490-4E4F-A93E-9D7F7C91D8A1 Master Agreement March 2014.doc Page 7 of 7 Signed: ________________________________________ Signed: _________________________________________ Name: ________________________________________ Name: _________________________________________ Title: ________________________________________ Title: _________________________________________ Date: ________________________________________ Date: _________________________________________ DocuSign Envelope ID: 9F7E8384-2490-4E4F-A93E-9D7F7C91D8A1 11/20/2017 Richard Della Rocca Sr. vP Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 02/2017 Page 1 of 8 This is a Product Supplement to the ISO Master Agreement, 03-14 edition, dated September 21, 2017 by and between City of Clearwater (“Licensee") and Insurance Services Office, Inc., on behalf of itself, its subsidiaries and affiliates, (all of which are collectively ref erred to herein as "ISO”). 1. DESCRIPTION: This Product consists of the electronic provision to Licensee of loss claims history information from various ISO ClaimSearch® databases concerning insurance claims and the property subject to the claim (“Databases”). This Product also provides access to various services concerning the insurance claim. 2. AUTHORIZATION FOR LICENSEE INFORMATION: Licensee hereby authorizes the use of all Licensee Information reported to ClaimSearch under this Product Supplement, which i ncludes any digital media, and consents to ISO’s use of and sharing of Licensee’s Information for the purposes permitted under this Product Supplement. 3. SCOPE OF USE: a) Licensee warrants that it, its employees and authorized users of the Databases shall use the Databases exclusively for purpos es of insurance claims processing, investigation, fraud detection and prevention. b) Licensee shall designate its employees who are involved in the processing, investigation and payment of claims to be the only persons to receive or use claims reports and other information from ISO ClaimSearch. Licensee will notify ISO immed iately of any change in such designations. Licensee shall be responsible for ensuring that only designated employees or authorized users access ISO ClaimSearch, and that those employees or authorized users use the information only for processing active claims. No information received through ISO ClaimSearch shall be provided to any employees not authorized to access the information or to any third party, other than the insurance company which has provided the initial claim information to ISO. c) Licensee may deliver this Product to authorized users via local or wide area networks or intranets or extranets or similar electronic means, pursuant to all other terms, conditions and limitations of this Agreement. ISO may periodically audit Licensee’s books and r ecords as required to verify compliance with the ISO ClaimSearch Privacy and Security Policies. Licensee agrees to comply with the Audit process contained in the ISO ClaimSearch Privacy and Security Policies including all updates to that policy during the term of this Agreement. Neither Licensee, its employees, any other authorized user of the Products, nor anyone acting by or through Licensee shall se ll, transfer, distribute, publish, disclose, display or otherwise make the Products, or any of the information therein, available, in whole or in part, to any other person or entity, without the express written consent of ISO. 4. REPORTING OBLIGATIONS (Database segments only): a) Using forms and methods prescribed by ISO, Licensee agrees to provide the claims information described for that product (individually and collectively referred to herein as "Licensee Information"). Licensee shall submit all Licensee Information in accordance with the timeframes required by ISO. b) Licensee shall retain adequate documentation of all Licensee Information submitted to ISO. In the event that ISO determines for any reason to audit, investigate or reinvestigate any Licensee Information, Licensee shall comply with any written auditing procedures provided to Licensee by ISO and shall cooperate fully in assessing the accuracy and completeness of such information. Full cooperation shall include, but not be limited to, an undertaking by Licensee to verify the accuracy of Licensee Information. c) Licensee represents and warrants that all Licensee Information submitted to ISO pursuant to this Agreement shall be true and accurate to the best of its knowledge, information and belief and that reasonable commercial attempts have been made to ensure data quality. Licensee shall require its appropriate personnel to certify that any Licensee Information provided by them is true and accurate to the best of their knowledge, information and belief. Licensee agrees to conduct periodic audits of its claims input procedures to assure maximum accuracy of Licensee Information. d) Licensee is required to provide Licensee Information containing claims data for the database selected. Licensee shall submit Licensee Information to ISO for all claims reported during the term of this Agreement on a transaction basis in mutually agreed-upon formats. In addition, if Licensee is an insurer, an initial report may be submitted to ISO, which includes a three to five year master loss history file, the specific format of which will be agreed to by ISO and Licensee. 5. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THESE PRODUCTS: a) Neither Licensee nor its employees or authorized users shall use the Databases for purposes of insurance underwriting (includ ing ratemaking, risk classification, actuarial calculations, and identification of prospective Licensees or reclassification of Licensees), policy cancellation or renewal, establishing or stabilizing claims payment levels, granting of credit or other similar purpose. Lic ensee’s use shall comply in all respects with the ISO ClaimSearch Privacy and Security Policy, including all updates to that policy made during the te rm of this Agreement that are provided to Licensee. b) Licensee acknowledges and agrees it shall not use the information obtained from the ClaimSearch Databases (“ClaimSearch Information”) to: 1) create a database; 2) create any derivative work product in a manner that does not directly and solely support the eva luation or investigation of a claim; 3) create a database or product that competes with or can be used as an alternative to the ClaimSearch Databases; or 4) use any third party to create a database or create derivative work product in a manner that is prohibited in subsections 1, 2, and 3 herein. c) Neither Licensee nor its employees or authorized users or third party shall warehouse ClaimSearch Information received from ISO. Except as permitted hereunder, Licensee shall not (i) disassemble, decompile, manipulate, aggregate or reverse engineer the Product or the other information obtained from the Product and shall not permit any third party to disassemble, decompile, manipulate, aggregate, or revers e engineer the Product or (ii) sell, license, publish, publish, display, copy, distribute, or otherwise make available the info rmation obtained from this Product in any form or by any means. d) Licensee hereby requests the Product(s) described herein and represents that this request is made by its authorized represent ative. Licensee warrants that it is in compliance with all terms of the Master Agreement between the parties. At Licensee’s expense, Licensee DocuSign Envelope ID: F68E35A4-D2AB-4003-8C3D-0B891B41B0D3 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 02/2017 Page 2 of 8 shall provide all necessary Licensee equipment and appropriate interfacing devices and communication lines with the connectivity arrangement(s) selected and to pay for all costs to connect to an ISO-provided connect point or designated node, if necessary. e) This Product and the ClaimSearch Information licensed hereunder are copyrighted by ISO and other third-party providers as specified herein. ISO shall not be responsible for any claim that may arise out of the third-party providers' information included in this Product. Licensee agrees that if ISO is no longer authorized by a third party provider (s) to deliver the Product or the information c ontained therein, or if directed by a third party provider, ISO may immediately, without prior notification, terminate Licensee’s access to this Product or the information contained in the Product. f) ISO agrees, represents and warrants that it will use the Licensee Information supplied by Licensee hereunder strictly in accordance with the terms and provisions of this Agreement as expressly and specifically set forth herein. During the term of this Agreement , Licensee grants to ISO a non-exclusive license to: (1) incorporate the Information into the Databases; (2) to disseminate information to other ISO licensees for the permitted purposes under this Supplement; (3) use the Licensee Information for new and enhanced features and improvements to the Databases; (4) use Licensee Information for new and enhanced products, features, improvements and enhanced solution offerings; and; and (5) use the Licensee Information for internal research and development purposes in support of the insurance process. g) ISO grants to Licensee a license to use and access the Product, Information and information solely within the states, jurisdictions or territories of the United States, District of Columbia, Guam, Puerto Rico, and the US Virgin Islands. Licensee shall not use or access the Product, Information or information from outside of the states, jurisdictions or territories of the United States, District of Columbia, Guam, Puerto Rico, or the US Virgin Islands, without ISO’s express prior written approval. h) The parties hereto agree in good faith that any disclosure of Licensee Information hereunder from Licensee and/or any authorized user to ISO shall only be used by ISO for the permitted purposes under this Agreement. Licensee warrants that it will comply with the ISO ClaimSearch Privacy and Security Policy (including updates) provided to Licensee. i) The parties acknowledge that ISO may utilize a third party cloud service provider (“Cloud Services”) for the storage, access, transfer, processing of Licensee Information and all information related to the products and services provided under this Product Supplement. ISO shall use at minimum, commercially reasonable industry standards available in connection with the performance of its obligations under this Agreement. ISO shall employ commercially reasonable standard security practices for the storage of any Licensee Information and provide and implement at a minimum, industry standard security procedures for the transfer, transmission, storage, or accessi ng of Licensee Information provided to ISO under this Agreement. 6. DELIVERY: The company claim system and ISO’s Internet electronic delivery platform. System authentication is required for Internet access. Each Authorized User must have an assigned unique ID only to be used by that Authorized User. Sharing of IDs and/or passwords is strictly prohibited. 7. DATABASE SERVICES: ✓ CHECK ALL THAT APPLY:  A. AUTOMOBILE CLAIMS INFORMATION This database includes access to Insurer automobile claims database files, including auto physical damage, auto property damage liability, vehicle theft (including insurance company recoveries), vehicle salvage, VINassist™, and vehicle claims system (VCS) records. This database also provides access to ClaimDirectorSM which delivers a claim score and information regarding the basis of the score to facilitate the identification of meritorious and questionable claims. Fee: <INSERT> in addition to license fees for access to the other databases checked or referenced herein. If Licensee is an insurance company, the fee will be based on Licensee’s direct written premium for the second preceding year for the applicable line (s) of business. If Licensee is not an insurance company, Licensee shall be invoiced monthly for each transaction recorded for the applicable line of business during the preceding month. The invoice will be based on the prices in effect for each search type at the effective date of this product supplement and the commencement date of each renewal period thereafter. Product Supplement Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. NOTE: Access to Law Enforcement and Manufacturers Data (“LEMD”) must be authorized by the National Insurance Crime Bureau (“NICB”) and may be arranged through the NICB for a fee. If Licensee is so authorized, ISO will include access to the vehicle-related, third-party data in this segment. The LEMD data includes: NCIC vehicle recoveries, law enforcement (vehicle thefts - theft indicator only) data: vehicle impounds; vehicle exports; and vehicle manufacturers (shipping and assembly, paperless MCO) files.  B. CASUALTY CLAIMS INFORMATION This database includes access to claims records reported to ISO under all casualty lines: workers’ compensation, general liability, auto bodily injury liability, medical payments, homeowners and farmowners liability, E&O and D&O, and disability. This database also provides access to ClaimDirectorSM scores for workers’ compensation, and personal and commercial DocuSign Envelope ID: F68E35A4-D2AB-4003-8C3D-0B891B41B0D3 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 02/2017 Page 3 of 8 auto liability claims. ClaimDirector delivers a claim score and information regarding the basis of the score to facilitate t he identification of meritorious and questionable claims. Fee: $1,100 annually plus usage in addition to license fees for access to the other databases checked or referenced herein. If Licensee is an insurance company, the fee will be based on Licensee’s direct written premium for the second preceding year for the applicable line (s) of business. If Licensee is not an insurance company, Licensee shall be invoiced monthly for each transaction recorded for the applicable line of business during the preceding month. The invoice will be based on the prices in effect for each search type at the effective date of this product supplement and the commencement date of each renewal period thereafter. Product Supplement Term: January 1, 2017 – December 31, 2017; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. ISO requires a written cancellation notice no less than 90 days prior to 12/31 of any year. Absent that notification, contract will automatically renew. Price increases are announced to the public 30 days prior to year-end, earlier if available.  C. PROPERTY CLAIMS INFORMATION This database includes access to first party property loss claims records reported to ISO. Property claims resulting from all perils are included in this database. This database also provides access to ClaimDirectorSM scores for homeowner claims. ClaimDirector delivers a claim score and information regarding the basis of the score to facilitate the identification of meritorious and questionable claims. Fee: <INSERT> in addition to license fees for access to the other databases checked or referenced herein. If Licensee is an insurance company, the fee will be based on Licensee’s direct written premium for the second preceding for the applicable line (s) of business. If Licensee is not an insurance company, Licensee shall be invoiced monthly for each transaction recorded for the applicable line of business during the preceding month. The invoice will be based on the prices in effect for each search type at the effective date of this product supplement and the commencement date of each renewal period thereafter. Product Supplement Contract Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement.  D. MARINE CLAIMS INFORMATION This service includes access to claim records, reported to ISO’s Marine Claims Information Database under all Marine claims casualty losses, including claims under Longshore and Harbor workers, and Jones Act, Protection and Indemnity and other bodily injury and property damage liability claims as submitted by employees and third party claimants. Marine casualty claims as above will be included in the Casualty service within ISO ClaimSearch. Searches and matches will include those claims included in the Casualty service in addition to the Marine casualty claims submitted by participating organizations. Fee: <INSERT> in addition to license fee for access to the other Databases within ISO ClaimSearch. If Licensee is an insurance company, the fee will be based on licensee’s direct written premium for the second preceding year for the applicable line(s) of business. If Licensee is not an insurance company, Licensee shall be invoiced either monthly or quarterly for each transaction for the applicable service, after payment of an annual fee, in excess of the base number of Information included as a part of the annual consideration. Licensee also may participate in an annual participation fee that will include all transactions with no additional fee. The invoices will be based on the prices in effect for each submission at the effective date of this product supplement and the commencement date of each renewal period thereafter. Product Supplement Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master.  E. CLAIMS INQUIRY AND INVESTIGATIONS QUERY (FOR NON-INSURERS ONLY) This Product consists of electronic inquiry access to the loss history information for the investigation of insurance claims. A password and system authentication is required for access. Licensee warrants that it, its employees and authorized users of the Databases s hall use Claims Inquiry exclusively for purposes of investigation of claims. Use of this Product is limited to personnel of Licensee whose primary responsibility is the investigation and disposition of potentially fraudulent claims. Each user must be specifically designated to use Claims Inquiry by an authorized representative of Licensee. The following limitations apply to the use of Claims Inquiry: 1) Searches may only be conducted in connection with the investigation of an existing claim and where an initi al claim report has been filed in the ClaimSearch Databases. Additionally, for searches involving doctors, attorneys or other parties to the loss, Licensee must have a reasonable basis to believe that such search may provide relevant information in connection with a claim under investigation. 2) Information obtained from the Databases on an individual may only be used in connection with the investigation of suspicious or fraudulent claims and such information may only be disclosed to (a) persons who are involv ed in the DocuSign Envelope ID: F68E35A4-D2AB-4003-8C3D-0B891B41B0D3 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 02/2017 Page 4 of 8 investigation or resolution of the claim, or (b) law enforcement officials, in the event that the matter has been turned over to the law enforcement authorities. 3) No search of the databases may be conducted on behalf or, or at the request of, any government official other than those specifically involved in a joint investigation. 4) The purpose of this Product and its Databases is to provide information that will be used to evaluate claims and to detect and deter insurance fraud. Searches for any other purpose are strictly prohibited. 5) Contract SIU organizations and C/O offices may not conduct searches on behalf of Licensee without prior ISO written approval. Licensee will notify ISO immediately of any change in its personnel authorized to use this Product. This Product and the information licensed hereunder are copyrighted by ISO and other third-party providers as specified in the Product. ISO shall not be responsible for any claim that may arise out of the third-party providers' information included in this Product. Product Supplement Term: January 1, 2017 – December 31, 2017; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. Fee: Licensee shall be invoiced quarterly for each transaction recorded for the applicable search type during the preceding quarter. The invoice will be based on the prices in effect for each search type at the effective date of this product supplement and the commencement date of each renewal period thereafter.  F. DIGITAL MEDIA This service includes additional access to ISO ClaimSearch information to include digital media reported to ISO. The digital media may include but is not limited to: automobile physical damage photos, property damage photos and other Licensee authorized photos. Reporting Obligations for Digital Media Access: 1) Licensee must be actively contributing digital media to ISO ClaimSearch in order to view digital media contributed by other ClaimSearch subscribers. 2) Licensee shall not upload digital media which display personal identifiable information (PII) or Personal Health Information (PHI). 3) Licensee warrants that it will comply with the ISO ClaimSearch Privacy and Security Policy Addendum for Digital Media (including updates) provided to Licensee. Fee: <INSERT> in addition to license fee for access to the other Databases within ISO ClaimSearch. Fee includes performing imaging forensic checks including, but not limited to: 1) Image Alteration Check – scan image to see if the image has been altered or manipulated in any way. 2) Image Internet Check – scan image to see if the image is an Internet Stock photo. 3) Duplicate Image Check – scan image across all segments of the ISO ClaimSearch digital media database to see if the image has been contributed by another carrier in support of another claim. 4) Image Metadata Validation Check – scan metadata attached to image (date taken and Geo Location) for consistency with its corresponding ISO ClaimSearch claim. 5) Image Blurring Check – scan image to identify people and license plates inadvertently included and blur them. Product Supplement Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement.  G. PUBLIC RECORDS INFORMATION This database service includes access to public record information from third-party providers. Public record information includes but is not limited to names, addresses, telephone numbers, driver information, bankruptcy information and civil judgments. For this database only, Licensee’s reporting obligations are waived. Licensee warrants that it is licensed to access an ISO ClaimSearch database identified in a, b or c above. Licensee agrees that if its right to access the ISO ClaimSearch databases terminates that Licensee’s right to access this public records information database shall also terminate. 1) Licensee hereby acknowledges that third-party providers are third-party beneficiaries to this Agreement. With respect to the information supplied by third-party providers that require separate contracts Licensee hereby warrants that it has executed the Contracts and is in compliance with their terms and conditions. Licensee warrants and represents that in accessing and using the public record data it is acting solely as a claims, subrogation or special investigation department and function of (i) the property-casualty insurance industry or (ii) the property-casualty loss management department of a third-party administrator or self-insured entity. DocuSign Envelope ID: F68E35A4-D2AB-4003-8C3D-0B891B41B0D3 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 02/2017 Page 5 of 8 2) Licensee accepts all information "AS IS." Licensee acknowledges and agrees that the data is obtained from third-party sources, which may or may not be completely thorough and accurate, and that Licensee shall not rely on the third - party data provider or ISO for the accuracy or completeness of information supplied. 3) Licensee warrants to the data providers and ISO that Licensee proceeds at its own risk in choosing to rely upon public records information in whole or in part. Licensee agrees that the data providers assume no responsibility for the accuracy of the information, errors that occur in the conversion of data or for Licensee's use of the information. Neither the third-party data providers, nor any third-party data provider to them (for purposes of indemnification, warranties and limitations on liability the third-party data providers and their data providers are hereby collectively referred to as third-party data providers), shall be liable to Licensee for any loss or injury arising out of or caused in whole or in part by third-party data providers’ acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Services. If, notwithstanding the foregoing, liability can be imposed on a provider, then Licensee agrees, that the aggregate liability for any and all losses or injuries ari sing out of any act or omission of a third-party data provider in connection with anything to be done or furnished under this agreement, regardless of the cause of the loss or injury shall never exceed $100.00, and Licensee agrees that it will not seek punitive damages in any suit against a third-party data provider. The third-party data providers do not make and hereby disclaim any warranty, express or implied with respect to the Services provided hereunder. The third-party data providers do not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of their Services or the components thereof or information provided hereunder. In no event shall a third-party data provider be liable for any direct, incidental or consequential damages, however arising, incurred by Licensee’s receipt or use of information delivered hereunder, or the unavailability thereof. 4) Licensee agrees that Licensee shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purpose any information that Licensee receives from the Services, other than as permitted under this Supplement. Licensee acknowledges that the third-party data providers shall retain all right, title, and interest in and to the data and information provided by the Services under applicable contractual, copyright, and related laws, and Licensee shall use such materials consistent with the third-party data providers’ interests and notify them of any threatened or actual infringement of their rights. 5) Licensee warrants that it, its employees and authorized users of the ISO ClaimSearch Databases shall use its public records Services consistent with the privacy obligations and any other terms and provisions of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) (“GLB”) or any similar state or local statute, rules and regulations, the Federal Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.) (“DPPA”) and similar state and local statutes, rules and regulations, and such legislation and rules and regulations as may be enacted or adopted after the date of this Agreement, by any federal, state or local government body. In addition, Licensee shall not use any information received from the public records Services for consumer credit purposes, consumer insurance underwriting, employment purposes, or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or similar state or local statute, rule, or regulation. Licensee shall abide by such legislation and rules and regulations as may be enacted or adopted after the date hereof. 6) Licensee hereby agrees that upon reasonable notice and at a mutually agreeable time, ISO may periodically audit Licensee’s books and records relevant to the use of this public records Service in order to ensure compliance with the GLB and all other applicable laws. The third-party data providers shall also investigate all legitimate Information of abuse or misuse of their Services. Violations discovered in any review will be subject to im mediate action including, but not limited to, termination of Licensee’s right to use the public records Services, legal action, and/or referral to federal or state regulatory agencies. Fee: <INSERT> In addition to license fees for access to the other databases checked or referenced herein, for this database service, Licensee shall be invoiced monthly for each transaction recorded during the preceding month, in addition to any applicable service charges. The invoice will be based on the prices in effect for each search and report type at the time of billing and as may be modified from time to time upon ninety (90) day notice to Licensee. Product Supplement Term: <INSERT>; Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement  H. POLICE INFORMATION This service includes access to nationwide police Information including police, fire, coroners’, and department of motor vehicles (DMV) Information from tens of thousands of agencies across the United States. 1) Licensee hereby requests the Product(s) described herein and represents that this request is made by its authorized representative. Licensee warrants that it is in compliance with all terms of the Master Agreement between the parties. At Licensee’s expense, Licensee shall provide all Licensee equipment and appropriate interfacing devices; for any lines, modems and terminals compatible with the connectivity arrangement(s) selected and to pay for all costs to connect to an ISO-provided connect point or designated node, if necessary. 2) ISO hereby grants consent to Licensee to deliver this product to Licensee's employees and authorized users via local or wide area networks, intranets, extranets or the internet or similar electronic means pursuant to all other te rms, conditions and limitations of the Master Agreement. Upon reasonable notice and at a mutually agreeable time, ISO may periodically audit Licensee’s books and records relevant to the use of this Product to verify the number of authorized users that have access to the Product via any means. Neither Licensee, its employees, any other authorized user of the Product, nor anyone acting by or through Licensee shall sell, transfer, distribute, publish, disclose, display or otherwise make the Products available, in whole or in part, or any of the information therein, to any other person or entity, without the express written consent of ISO. DocuSign Envelope ID: F68E35A4-D2AB-4003-8C3D-0B891B41B0D3 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 02/2017 Page 6 of 8 3) Licensee warrants that it, its employees and authorized users of the Information shall use the Information exclusively for purposes of insurance claims processing and investigation and fraud detection, prevention and investigation. Neither Licensee nor its employees or authorized users shall use the Information for purposes of insurance underwriting (including ratemaking, risk classification, actuarial calculations, and identification of prospective Licensees or reclassification of Licensees), policy cancellation or renewal, establishing or stabilizing claims payment levels, granting of credit or other similar purpose. Fee: <INSERT> (plus applicable taxes) Product Supplement Term: <INSERT> Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement.  I. DATA APPEND SERVICES  Social Security Number Append Service (APPEND-DS) This service will append to claims Information missing or omitted data, specifically; social security numbers consistent with the manner of claims delivery to ISO ClaimSearch. 1) Licensee hereby requests the Product(s) described herein and represents that this re quest is made by its authorized representative. Licensee warrants that it is in compliance with all terms of the Master Agreement between the parties. At Licensee’s expense, Licensee shall provide all Licensee equipment and appropriate interfacing devices; for any lines, modems and terminals compatible with the connectivity arrangement(s) selected and to pay for all costs to connect to an ISO-provided connect point or designated node, if necessary. 2) Licensee warrants that it is licensed to access an ISO ClaimSearch database. Licensee agrees that if its right to access the ISO ClaimSearch databases terminates that Licensee’s right to access this Append DS Product shall also terminate. 3) Licensee accepts all information "AS IS." Licensee acknowledges and agrees that the data is obtained from third-party sources, which may or may not be completely thorough and accurate, and that Licensee shall not rely on the third - party data provider or ISO for the accuracy or completeness of information supplied. 4) Licensee warrants to the data providers and ISO that Licensee proceeds at its own risk in choosing to rely upon public records information in whole or in part. Licensee agrees that the data providers assume no responsibility for the accuracy of the information, errors that occur in the conversion of data or for Licensee's use of the information. Neither the third-party data providers, nor any third-party data provider to them (for purposes of indemnification, warranties and limitations on liability the third-party data providers and their data providers are hereby collectively referred to as third-party data providers), shall be liable to Licensee for any loss or injury arising out of or caused in whole or in part by third-party data providers’ acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Services. If, notwithstanding the foregoing, liability can be imposed on a provider, then Licensee agrees, that the aggregate liabilit y for any and all losses or injuries arising out of any act or omission of a third-party data provider in connection with anything to be done or furnished under this agreement, regardless of the cause of the loss or injury shall never exceed $100.00 and Li censee agrees that it will not seek punitive damages in any suit against a third-party data provider. The third-party data providers do not make and hereby disclaim any warranty, express or implied with respect to the Services provided hereunder. The third-party data providers do not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of their Services or the components thereof or information provided hereunder. In no event shall a third-party data provider be liable for any direct, incidental or consequential damages, however arising, incurred by Licensee’s receipt or use of information delivered hereunder, or the unavailability thereof. 5) Licensee agrees that Licensee shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purpose any information that Licensee receives from the Services, other than as permitted under this Supplement. Licensee acknowledges that the third-party data providers shall retain all right, title, and interest in and to the data and information provided by the Services under applicable contractual, copyright, and related laws, and Licensee shall use such materials consistent with the third-party data providers’ interests and notify them of any threatened or actual infringement of their rights. 6) Licensee warrants that it, its employees and authorized users of the ISO ClaimSearch Databases shall use its public records Services consistent with the privacy obligations and any other terms and provisions of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) (“GLB”) or any similar state or local statute, rules and regulations, the Federal Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.) (“DPPA”) and similar state and local statutes, rules and regulations, and such legislation and rules and regulations as may be enacted or adopted after the date of this Agreement, by any federal, state or local government body. In addition, Licensee shall not use any information received from the public records Services for consumer credit purposes, consumer insurance underwriting, employment purposes, or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or similar state or local statute, rule, or regulation. Licensee shall abide by such legislation and rules and regulations as may be enacted or adopted after the date hereof. 7) Licensee hereby agrees that upon reasonable notice and at a mutually agreeable time, ISO may periodically audit Licensee’s books and records relevant to the use of this public records Service in order to ensure compliance with the GLB and all other applicable laws. The third-party data providers shall also investigate all legitimate Information of abuse or misuse of their Services. Violations discovered in any review will be subject to immediate action including, but not limited to, termination of Licensee’s right to use the public records Services, legal action, and/or referral to federal or state regulatory agencies. DocuSign Envelope ID: F68E35A4-D2AB-4003-8C3D-0B891B41B0D3 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 02/2017 Page 7 of 8 Fee: See Attached Fee Schedule (plus applicable taxes) Licensee shall be invoiced monthly for each transaction recorded for the applicable line of business during the preceding month. The invoice will be based on the prices in effect for each search type at the time of billing and as may be modified from time to time upon ninety (90) day notice to Licensee. Product Supplement Term: <INSERT> Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement.  J. MOTOR VEHICLE INFORMATION (MVRs) Description: This service will provide access to the driving records (MVRs) of individuals licensed to operate motor vehicles in the Jurisdictions of the United States. Delivery: Electronic submission. A password is required. Each sign-on and password may be used only by one authorized individual; Scope of Use: 1) Licensee warrants that it, its employees and authorized users shall use the information exclusively for purposes of insurance claims processing and investigation and fraud detection, prevention and investigation. Neither Licensee nor its employees or authorized users shall use the information for purposes of insurance underwriting (including ratemaking, risk classification, actuarial calculations, and identification of prospective Licensees or reclassification of Licensees), policy cancellation or renewal, establishing or stabilizing claims payment levels, granting of credit or for employment purposes, tenant screening purposes or for any other purpose(s) governed by the Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and all amendments thereto Additional Terms and Conditions Applicable to this Product: 2) Licensee hereby requests the Product(s) described herein and represents that this request is made by its authorized representative. Licensee warrants that it is in compliance with all terms of the Master Agreement between the parties. At Licensee’s expense, Licensee shall provide all Licensee equipment and appropriate interfacing devices; for any lines, modems and terminals compatible with the connectivity arrangement(s) selected and to pay for all costs to connect to an ISO-provided connect point or designated node, if necessary. 3) Licensee hereby acknowledges that third-party providers are third-party beneficiaries to this Agreement. Licensee hereby warrants that it has executed the Insurance Claims Subscription Agreement with Insurance Information Exchange, a unit of ISO Claims Services, Inc. a wholly owned subsidiary of ISO (“iiX”) and is in compliance with its terms and conditions. 4) Licensee agrees that Licensee shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purpose any information that Licensee receives from the information, other than as permitted under this Supplement. Licensee acknowledges that the third-party data providers shall retain all right, title, and interest in and to the data and information provided by the Services under applicable contractual, copyright, and related laws, and Licensee shall use such materials consistent with the third-party data providers’ interests and notify them of any threatened or actual infringement of their rights. 5) Licensee shall not use or retain copies of the product to build or to develop any electronically searchable information database in competition with ISO. 6) Licensee hereby agrees that upon reasonable notice and at a mutually agreeable time, ISO may periodically audit Licensee’s books and records relevant to the use of the information in order to ensure compliance with the terms of this product supplement and all applicable laws. The third-party data providers may investigate all legitimate Information of abuse or misuse of their Services. Violations discovered in any review will be subject to immediate action including, but not limited to, termination of Licensee’s right to access or use the information, legal action, and/or referral to federal or state regulatory agencies. Fee: <INSERT> Product Supplement Term: <INSERT> Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. In addition to any the terms of the Master Agreement with respect to termination, this product supplement may be terminated if access to MVRs is terminated or the Insurance Claims Subscription Agreement is terminated.  K. OFAC COMPLIANCE VERIFIER SERVICES This service matches claim submissions by Licensee against data provided by various third parties which contains the names of specially designated persons or entities to which special monetary conditions and restrictions may apply. DocuSign Envelope ID: F68E35A4-D2AB-4003-8C3D-0B891B41B0D3 Product Supplement – ISO ClaimSearch® For Non-Insurers (Universal Format Web Reporters) Ed: 02/2017 Page 8 of 8 Additional Terms and Conditions Applicable to this Product: 1) Licensee hereby requests the Product(s) described herein and represents that this request is made by its authorized representative. Licensee warrants that it is in compliance with all terms of the Master Agreement between the parties. At Licensee’s expense, Licensee shall provide all Licensee equipment and appropriate interfacing devices for any lines, modems and terminals compatible with the connectivity arrangement(s) selected and to pay for all costs to connect to an ISO-provided connect point or designated node, if necessary. 2) Licensee hereby acknowledges that the data is provided by various third party providers and that these third-party providers are third-party beneficiaries to this Agreement 3) Licensee warrants to the data providers and ISO that Licensee proceeds at its own risk in choosing to rely upon the data provided by ISO in whole or in part. Licensee accepts all information "AS IS." Licensee acknowledges and agrees that the data is obtained from third-party sources, which may or may not be completely thorough and accurate, and that Licensee shall not rely on the third-party data provider or ISO for the accuracy or completeness of information supplied. Licensee agrees that the data providers assume no responsibility for the accuracy of the information, errors that occur in the conversion of data or for Licensee's use of the information. Neither the third-party data providers, nor any person providing data to said third-party data provider to (for purposes of indemnification, warranties and limitations on liability the third-party data providers and their data providers are hereby collectively referred to as “data providers”), nor ISO shall be liable to Licensee for any loss or injury arising out of or caused in whole or in part by any third-party data providers’ acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Services. If, notwithstanding the foregoing, liabil ity can be imposed on a provider of data, then Licensee agrees that the aggregate liability for any and all losses or injuries arising out of any act or omission of a data provider or ISO in connection with any service or deliverable furnished under this Agreement, regardless of the cause of the loss or injury shall never exceed $100.00, and Licensee agrees that it will not seek punitive damages in any suit against either a data provider or ISO. All data providers hereby disclaim any warranty, express or implied with respect to the Services provided hereunder. Neither ISO nor the data providers guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of their Services or the components thereof or information provided hereunder. In no event shall either ISO or a data provider be liable for any direct, incidental or consequential damages, however arising, incurred as a result of by Licensee’s receipt or use of information delivered hereunder, or the unavailability thereof. 4) Licensee agrees that Licensee shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purpose any information that Licensee receives from the Services, other than as permitted under this Product Supplement Service: Standard Premium Historical Sweep Enterprise Includes Affiliates? Yes No Fee: <INSERT> (plus applicable taxes) Product Supplement Term: <INSERT> Term automatically renews for one-year periods unless terminated pursuant to the Master Agreement. Except as provided herein or modified hereby, all terms, covenants and conditions of the Master Agreement remain unchanged. To the extent any provision in this Product Supplement conflicts with any similar provision in the Master Agreement, the terms set forth on this Product Supplement shall control. This Product Supplement may be executed in separate counterparts, each such counterpart being deemed to be an original instrument, and all such counterparts shall together constitute the same agreement This Agreement is not valid against ISO unless and until executed by the appropriate ISO officer or authorized representative at the appropriate ISO home office. In witness whereof, the parties hereto have caused this product supplement to be executed by their duly authorized representatives. Licensee: City of Clearwater ISO: INSURANCE SERVICES OFFICE, INC. On behalf of itself, its subsidiaries and affiliates. Signature: _________________________________ Signature: _________________________________ Print Name: _________________________________ Print Name: _________________________________ Title: _________________________________ Title: _________________________________ Date: _________________________________ Date: _________________________________ ISO ClaimSearch Product Supplement (Non-Insurers).doc Ed: 2/2017 Revised DocuSign Envelope ID: F68E35A4-D2AB-4003-8C3D-0B891B41B0D3 11/14/2017 Vice President Carlos Martins Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4088 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve Mutual License and Use Agreement between the City of Clearwater (City) and BW CW Hospitality LLC (BWCW) of Houston Texas to allow for the construction of a pedestrian overpass by BWCW from the BWCW property over City Right-of-Way to City property known as Beach Walk and authorize the appropriate officials to execute same. (consent) SUMMARY: BWCW desires to install a pedestrian overpass from their multistory hotel development currently know as the Hyatt on Clearwater Beach over S. Gulfview Blvd. ROW to Beach Walk. This overpass will allow pedestrians to access Clearwater Beach directly from the parking garage and BWCW property without having to cross S. Gulfview Blvd. As part of the Development Agreement between the City and BWCW, they were responsible to provide a minimum of 400 publicly accessible parking spaces. Persons parking in these spaces must cross S. Gulfview Blvd. to access Beach Walk and Clearwater Beach. BWCW will be responsible for all costs of and construction of the new overpass structure and amenities; as well as all future maintenance and upkeep of the structure. Construction of the overpass must begin within two years and completed within eight months of the commencement date of the construction. BWCW agrees to maintain 400 public parking spaces, to not exclude the public from the access and use of the overpass and public parking spaces and to continue to maintain the overpass according to Overpass Standards, set forth in the agreement. The City may terminate the agreement for a greater public purpose or in the event BWCW does not comply with the conditions set forth in the agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4099 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Authorize a Purchase Order to WescoTurf, Inc ., of Sarasota, Florida, in the amount of $14,560 for mower equipment purchase less trade -in of mower ($30,460 less trade in value of $15,900), in accordance with City Code of Ordinances 2.624(6) Exceptions to Sale of Surplus Property and 2.564(1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: Capital Asset number G4439, a Toro Greensmaster mower, was purchased in 2016 to mow Bermuda turf grass at Pier 60 Park and other beach properties. The presence of beach shell in the turf causes damage to the mower every time it is used, creating excessive maintenance costs. The Parks and Recreation Department has tried to re -purpose this mower in the ball fields and the golf courses, however it does not economically work in these applications. Toro has offered a trade -in option for the Greensmaster mower ($15,900) with the purchase of a Groundsmaster 3500-D mower ($30,460) which is designed to handle the conditions on the beach. Pursuant to City Code of Ordinances 2.624(6) Exceptions to Sale of Surplus Property, City Council authorization is required for trade -in of City personal property when the trade -in value exceeds $5,000. Authorization is also requested for the piggyback of Florida State Contract - Agriculture and Lawn Equipment #21100000-15-1, effective until June 30, 2020, pursuant to City Code of Ordinances 2.564(1)(d) Other Government Entities Bids APPROPRIATION CODE AND AMOUNT: This is an unbudgeted expenditure in Fiscal Year 2018. A First Quarter Amendment will transfer the funds from cost code 010-01860-541500 (Garage Variable) to 010-01862-591000 (Contribution to Garage) to fund this purchase. Page 1 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3802 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Award a construction contract to Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $3,126,188.51 for Druid Trial Phase IV (04-0021-PR) and authorize the appropriate officials to execute same. (consent) SUMMARY: Druid Trail Phase IV consists of construction of a pedestrian and bicycle trail to connect The Duke Energy Trail with existing Druid Trail which now terminates at Glen Oaks Park. Phase IV provides trail connection with the Pinellas County trail network. Additionally, this project will provide intersection improvements along Druid Road. Construction services will be provided by Keystone Excavators, of Oldsmar, Florida. Of the seven bids, Keystone Excavators was the lowest responsible bidder in accordance with plans and specifications. Work will commence upon award and execution of the contract and will be completed within 274 calendar days from Notice to Proceed. Druid Trail Phase IV will be maintained by Parks & Recreation Department as part of the Clearwater Trail System. January 19, 2017, City Council approved a Local Agency Program (LAP) agreement between the City of Clearwater and Florida Department of Transportation (FDOT) for Druid Trail Phase IV from South Evergreen Avenue to Duke Energy Trail in the amount of $2,223,803. May 4, 2017, City Council approved amendment 1 to increase FDOT funding to $2,291,784 and extend the LAP agreement through October 31, 2018. APPROPRIATION CODE AND AMOUNT: 0315-92146-563800-541-000-0000 $3,126,188.51 A first quarter budget amendment will transfer $50,000 from Capital Improvement Project (CIP) 0315-93272, Bicycle Paths-Bridges to 0315-92146, Druid Rd. Improvements. Funds are available in capital improvement project 315-92146, Druid Rd Improvements , in the amount of $3,076,188.51 to fund the project. Page 1 City of Clearwater Printed on 12/1/2017 BIDDER’S PROPOSAL PROJECT: DRUID TRAIL PHASE IV (CITY PROJ. NO. 04-0021-PR, FPID 432580-1-58-01) FEDERAL PARTICIPATING PAY ITEMS – FPID 432580-1-58-01 UNIT EST. QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 101-1 Mobilization LS 1 $ 305,000.00 $ 305,000.00 $ 256,000.00 $ 256,000.00 $ 325,000.00 $ 325,000.00 $ 91,400.00 $ 91,400.00 $220,000.00 $ 220,000.00 $297,000.00 $ 297,000.00 $200,100.00 $ 200,100.00 2 102-1 Maintenance of Traffic LS 1 $ 408,000.00 $ 408,000.00 $ 180,000.00 $ 180,000.00 $ 50,000.00 $ 50,000.00 $ 43,750.00 $ 43,750.00 $ 75,000.00 $ 75,000.00 $155,000.00 $ 155,000.00 $ 11,100.00 $ 11,100.00 3 104-10-3 Sediment Barrier LF 15,505 $ 1.10 $ 17,055.50 $ 1.25 $ 19,381.25 $ 2.00 $ 31,010.00 $ 2.00 $ 31,010.00 $ 2.00 $ 31,010.00 $ 1.00 $ 15,505.00 $ 2.60 $ 40,313.00 4 104-18 Inlet Protection System EA 58 $ 99.30 $ 5,759.40 $ 100.00 $ 5,800.00 $ 200.00 $ 11,600.00 $ 24.00 $ 1,392.00 $ 75.00 $ 4,350.00 $ 150.00 $ 8,700.00 $ 90.00 $ 5,220.00 5 110-1-1 Clearing and Grubbing LS 1 $ 335,000.00 $ 335,000.00 $ 128,000.00 $ 128,000.00 $ 275,000.00 $ 275,000.00 $ 74,612.00 $ 74,612.00 $ 95,000.00 $ 95,000.00 $150,000.00 $ 150,000.00 $190,000.00 $ 190,000.00 6 110-7-1 Furnish & Install Single Mailbox EA 62 $ 99.00 $ 6,138.00 $ 50.00 $ 3,100.00 $ 275.00 $ 17,050.00 $ 85.00 $ 5,270.00 $ 195.00 $ 12,090.00 $ 349.00 $ 21,638.00 $ 127.00 $ 7,874.00 7 120-1 Regular Excavation LS 1 $ 170,000.00 $ 170,000.00 $ 82,000.00 $ 82,000.00 $ 200,000.00 $ 200,000.00 $ 74,787.00 $ 74,787.00 $ 30,000.00 $ 30,000.00 $195,000.00 $ 195,000.00 $ 41,350.00 $ 41,350.00 8 120-6 Embankment LS 1 $ 50,000.00 $ 50,000.00 $ 48,000.00 $ 48,000.00 $ 25,000.00 $ 25,000.00 $ 19,412.00 $ 19,412.00 $ 20,000.00 $ 20,000.00 $ 21,000.00 $ 21,000.00 $ 3,840.00 $ 3,840.00 9 160-4 Stabilization (Type B) (6" Trail)SY 14,656 $ 9.75 $ 142,896.00 $ 8.60 $ 126,041.60 $ 12.50 $ 183,200.00 $ 6.10 $ 89,401.60 $ 7.00 $ 102,592.00 $ 18.00 $ 263,808.00 $ 9.30 $ 136,300.80 10 Crushed Concrete Base, 6"SY 11,896 $ 14.70 $ 174,871.20 $ 15.00 $ 178,440.00 $ 13.20 $ 157,027.20 $ 16.00 $ 190,336.00 $ 15.00 $ 178,440.00 $ 24.00 $ 285,504.00 $ 13.80 $ 164,164.80 11 285-710 Optional Base, Group 10 SY 225 $ 62.50 $ 14,062.50 $ 61.00 $ 13,725.00 $ 37.00 $ 8,325.00 $ 9.00 $ 2,025.00 $ 45.00 $ 10,125.00 $ 62.00 $ 13,950.00 $ 28.00 $ 6,300.00 12 327-70-6 Milling 1.5" Depth SY 7,045 $ 2.75 $ 19,373.75 $ 2.50 $ 17,612.50 $ 2.50 $ 17,612.50 $ 5.75 $ 40,508.75 $ 5.75 $ 40,508.75 $ 2.00 $ 14,090.00 $ 2.65 $ 18,669.25 13 334-1-11 Superpave Asph. Conc. (Traffic A) (1")TN 616.1 $ 133.00 $ 81,941.30 $ 89.00 $ 54,832.90 $ 88.00 $ 54,216.80 $ 133.00 $ 81,941.30 $ 145.00 $ 89,334.50 $ 142.00 $ 87,486.20 $ 135.00 $ 83,173.50 14 334-1-12 Type S Asphalt Pavement TN 618 $ 134.00 $ 82,812.00 $ 90.00 $ 55,620.00 $ 88.50 $ 54,693.00 $ 122.00 $ 75,396.00 $ 140.00 $ 86,520.00 $ 115.00 $ 71,070.00 $ 135.00 $ 83,430.00 15 425-1-331 Inlet, (Curb) (Type P-3) (<10')EA 1 $ 8,500.00 $ 8,500.00 $ 6,500.00 $ 6,500.00 $ 4,700.00 $ 4,700.00 $ 4,225.00 $ 4,225.00 $ 4,550.00 $ 4,550.00 $ 6,556.00 $ 6,556.00 $ 4,300.00 $ 4,300.00 16 425-1-351 Inlet, (Curb) (Type P-5) (<10')EA 3 $ 6,350.00 $ 19,050.00 $ 4,100.00 $ 12,300.00 $ 5,300.00 $ 15,900.00 $ 4,100.00 $ 12,300.00 $ 5,100.00 $ 15,300.00 $ 6,023.00 $ 18,069.00 $ 3,850.00 $ 11,550.00 17 425-1-441 Inlet, (Curb) (Type J-4) (<10')EA 1 $ 6,350.00 $ 6,350.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 4,975.00 $ 4,975.00 $ 7,500.00 $ 7,500.00 $ 10,116.00 $ 10,116.00 $ 11,315.00 $ 11,315.00 18 425-1-451 Inlet, (Curb) (Type J-5) (<10')EA 1 $ 6,350.00 $ 6,350.00 $ 6,400.00 $ 6,400.00 $ 6,300.00 $ 6,300.00 $ 4,515.00 $ 4,515.00 $ 4,875.00 $ 4,875.00 $ 7,306.00 $ 7,306.00 $ 6,295.00 $ 6,295.00 19 425-1-910 Inlet, Closed Flume EA 1 $ 2,650.00 $ 2,650.00 $ 5,400.00 $ 5,400.00 $ 11,500.00 $ 11,500.00 $ 4,480.00 $ 4,480.00 $ 3,500.00 $ 3,500.00 $ 8,224.00 $ 8,224.00 $ 3,680.00 $ 3,680.00 20 425-2-63 Manholes, P-8 Partial EA 1 $ 2,400.00 $ 2,400.00 $ 2,600.00 $ 2,600.00 $ 4,000.00 $ 4,000.00 $ 2,675.00 $ 2,675.00 $ 2,750.00 $ 2,750.00 $ 2,624.00 $ 2,624.00 $ 3,530.00 $ 3,530.00 21 425-2-73 Manholes, J-7 Partial EA 1 $ 3,100.00 $ 3,100.00 $ 4,200.00 $ 4,200.00 $ 5,600.00 $ 5,600.00 $ 3,360.00 $ 3,360.00 $ 3,750.00 $ 3,750.00 $ 5,039.00 $ 5,039.00 $ 5,230.00 $ 5,230.00 22 425-5 Manhole, Adjust EA 6 $ 370.00 $ 2,220.00 $ 700.00 $ 4,200.00 $ 1,350.00 $ 8,100.00 $ 725.00 $ 4,350.00 $ 500.00 $ 3,000.00 $ 688.00 $ 4,128.00 $ 525.00 $ 3,150.00 23 425-6 Valve Boxes, Adjust EA 36 $ 185.00 $ 6,660.00 $ 120.00 $ 4,320.00 $ 250.00 $ 9,000.00 $ 245.00 $ 8,820.00 $ 250.00 $ 9,000.00 $ 334.00 $ 12,024.00 $ 175.00 $ 6,300.00 24 425-7 Replace Manhole Cover EA 5 $ 360.00 $ 1,800.00 $ 1,850.00 $ 9,250.00 $ 1,000.00 $ 5,000.00 $ 868.00 $ 4,340.00 $ 775.00 $ 3,875.00 $ 2,489.00 $ 12,445.00 $ 725.00 $ 3,625.00 25 425-11 Drainage Structure - Modify Existing EA 4 $ 4,300.00 $ 17,200.00 $ 2,500.00 $ 10,000.00 $ 2,400.00 $ 9,600.00 $ 3,255.00 $ 13,020.00 $ 1,900.00 $ 7,600.00 $ 1,001.00 $ 4,004.00 $ 1,880.00 $ 7,520.00 26 430-175-115 Pipe Culvert Optional Material (Storm & Cross Drain) (Round) (15") LF 14 $ 225.00 $ 3,150.00 $ 300.00 $ 4,200.00 $ 320.00 $ 4,480.00 $ 57.00 $ 798.00 $ 95.00 $ 1,330.00 $ 569.00 $ 7,966.00 $ 145.00 $ 2,030.00 27 430-175-118 Pipe Culvert Optional Material (Storm & Cross Drain) (Round) (18") LF 102 $ 114.00 $ 11,628.00 $ 200.00 $ 20,400.00 $ 160.00 $ 16,320.00 $ 58.00 $ 5,916.00 $ 105.00 $ 10,710.00 $ 369.00 $ 37,638.00 $ 73.00 $ 7,446.00 28 430-175-124 Pipe Culvert Optional Material (Storm & Cross Drain) (Round) (24") LF 16 $ 211.00 $ 3,376.00 $ 300.00 $ 4,800.00 $ 180.00 $ 2,880.00 $ 78.00 $ 1,248.00 $ 125.00 $ 2,000.00 $ 532.00 $ 8,512.00 $ 160.00 $ 2,560.00 29 Type 1 Curb LF 7,013 $ 17.00 $ 119,221.00 $ 25.00 $ 175,325.00 $ 30.00 $ 210,390.00 $ 26.50 $ 185,844.50 $ 20.00 $ 140,260.00 $ 19.00 $ 133,247.00 $ 17.25 $ 120,974.25 30 Median Curb LF 314 $ 28.00 $ 8,792.00 $ 31.00 $ 9,734.00 $ 40.00 $ 12,560.00 $ 30.50 $ 9,577.00 $ 18.00 $ 5,652.00 $ 28.00 $ 8,792.00 $ 25.50 $ 8,007.00 31 Header Curb LF 25,446 $ 13.00 $ 330,798.00 $ 13.00 $ 330,798.00 $ 16.00 $ 407,136.00 $ 17.25 $ 438,943.50 $ 10.00 $ 254,460.00 $ 16.00 $ 407,136.00 $ 13.80 $ 351,154.80 32 Straight Curb LF 854 $ 20.00 $ 17,080.00 $ 22.00 $ 18,788.00 $ 40.00 $ 34,160.00 $ 18.75 $ 16,012.50 $ 16.00 $ 13,664.00 $ 17.00 $ 14,518.00 $ 23.00 $ 19,642.00 33 522-1 Concrete Sidewalk (4")SY 1,578 $ 33.50 $ 52,863.00 $ 44.00 $ 69,432.00 $ 45.00 $ 71,010.00 $ 42.00 $ 66,276.00 $ 36.00 $ 56,808.00 $ 42.00 $ 66,276.00 $ 40.50 $ 63,909.00 34 522-2 Concrete Sidewalk and Driveways, 6" Thick SY 1,934 $ 70.00 $ 135,380.00 $ 60.00 $ 116,040.00 $ 67.00 $ 129,578.00 $ 58.00 $ 112,172.00 $ 48.00 $ 92,832.00 $ 64.00 $ 123,776.00 $ 44.00 $ 85,096.00 35 523-1 Patterned Pavement, Vehicular Areas (Herringbone) (Yellow) SY 1,499 $ 162.00 $ 242,838.00 $ 140.00 $ 209,860.00 $ 140.00 $ 209,860.00 $ 62.00 $ 92,938.00 $ 135.00 $ 202,365.00 $ 147.00 $ 220,353.00 $ 149.00 $ 223,351.00 36 527-2 Detectable Warnings SF 1,729 $ 20.40 $ 35,271.60 $ 19.00 $ 32,851.00 $ 20.00 $ 34,580.00 $ 24.50 $ 42,360.50 $ 22.00 $ 38,038.00 $ 29.00 $ 50,141.00 $ 30.00 $ 51,870.00 37 550-10-212 Fencing, Type B, 5.0' w/ Vinyl Coating LF 20 $ 44.00 $ 880.00 $ 26.00 $ 520.00 $ 35.00 $ 700.00 $ 61.25 $ 1,225.00 $ 95.00 $ 1,900.00 $ 75.00 $ 1,500.00 $ 60.00 $ 1,200.00 38 570-1-2 Performance Turf, Sod SY 11,475 $ 4.00 $ 45,900.00 $ 6.00 $ 68,850.00 $ 4.50 $ 51,637.50 $ 5.60 $ 64,260.00 $ 4.00 $ 45,900.00 $ 6.00 $ 68,850.00 $ 6.90 $ 79,177.50 39 630-2-11 Conduit, Furnish & Install, Open Trench LF 171 $ 5.80 $ 991.80 $ 5.40 $ 923.40 $ 5.25 $ 897.75 $ 6.50 $ 1,111.50 $ 20.00 $ 3,420.00 $ 16.00 $ 2,736.00 $ 7.00 $ 1,197.00 40 632-7-1 Signal Cable - New or Reconstructed Intersection (F&I) PI 1 $ 4,400.00 $ 4,400.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,890.00 $ 4,890.00 $ 8,400.00 $ 8,400.00 $ 3,503.00 $ 3,503.00 $ 5,120.00 $ 5,120.00 41 635-2-11 Pull and Splice Box, F&I, 13" x 24" Cover Size EA 4 $ 717.00 $ 2,868.00 $ 660.00 $ 2,640.00 $ 650.00 $ 2,600.00 $ 795.00 $ 3,180.00 $ 1,100.00 $ 4,400.00 $ 648.00 $ 2,592.00 $ 835.00 $ 3,340.00 42 643-600 Wood Strain Poles, Remove EA 26 $ 385.00 $ 10,010.00 $ 360.00 $ 9,360.00 $ 350.00 $ 9,100.00 $ 400.00 $ 10,400.00 $ 981.00 $ 25,506.00 $ 572.00 $ 14,872.00 $ 450.00 $ 11,700.00 43 646-1-11 Aluminum Signal Pole, Pedestal EA 8 $ 770.00 $ 6,160.00 $ 720.00 $ 5,760.00 $ 700.00 $ 5,600.00 $ 860.00 $ 6,880.00 $ 1,995.00 $ 15,960.00 $ 886.00 $ 7,088.00 $ 900.00 $ 7,200.00 44 646-1-60 Aluminum Signals Pole, Remove EA 4 $ 110.00 $ 440.00 $ 100.00 $ 400.00 $ 100.00 $ 400.00 $ 125.00 $ 500.00 $ 507.00 $ 2,028.00 $ 237.00 $ 948.00 $ 130.00 $ 520.00 45 653-1-11 Pedestrian Signal, Furnish & Install, LED Countdown, 1 Way AS 8 $ 775.00 $ 6,200.00 $ 710.00 $ 5,680.00 $ 700.00 $ 5,600.00 $ 860.00 $ 6,880.00 $ 338.00 $ 2,704.00 $ 641.00 $ 5,128.00 $ 900.00 $ 7,200.00 46 653-1-60 Pedestrian Signal, Remove AS 6 $ 80.00 $ 480.00 $ 80.00 $ 480.00 $ 75.00 $ 450.00 $ 95.00 $ 570.00 $ 165.00 $ 990.00 $ 36.00 $ 216.00 $ 100.00 $ 600.00 47 654-2-22 Rectangular Rapid Flashing Beacon, F&I-Solar Powered, Compl. Assy.- Back-to-Back) AS 6 $ 7,450.00 $ 44,700.00 $ 7,000.00 $ 42,000.00 $ 6,750.00 $ 40,500.00 $ 8,250.00 $ 49,500.00 $ 8,275.00 $ 49,650.00 $ 6,700.00 $ 40,200.00 $ 8,640.00 $ 51,840.00 48 665-1-12 Pedestrian Detector, F&I, Accessible EA 8 $ 385.00 $ 3,080.00 $ 360.00 $ 2,880.00 $ 350.00 $ 2,800.00 $ 435.00 $ 3,480.00 $ 1,390.00 $ 11,120.00 $ 247.00 $ 1,976.00 $ 450.00 $ 3,600.00 49 665-1-60 Pedestrian Detector, Remove EA 6 $ 55.00 $ 330.00 $ 50.00 $ 300.00 $ 50.00 $ 300.00 $ 62.00 $ 372.00 $ 83.00 $ 498.00 $ 39.00 $ 234.00 $ 40.00 $ 240.00 Pepper Contracting Services, Inc. 6920 Asphalt Ave. Tampa, FL Steve's Excavating, Inc. PO Box 303 Dunedin, FL 34697 Ajax 5100 W. Lemon St. Suite 106 Tampa,FL 33609 Crisdel 142 West Platt St. Tampa, FL 33606 Kamminga & Roodvoets, Inc. 5219 Cone Road Tampa,FL 33610 Keystone Excavators, Inc. 371 Scarlett Blvd. Oldsmar, FL 34677 MTM Contractors, Inc. 6550 53rd St. N. Pinellas Park, FL 33781 BID ITEMS Page IV-1 of 4 BIDDER’S PROPOSAL PROJECT: DRUID TRAIL PHASE IV (CITY PROJ. NO. 04-0021-PR, FPID 432580-1-58-01) Pepper Contracting Services, Inc. 6920 Asphalt Ave. Tampa, FL Steve's Excavating, Inc. PO Box 303 Dunedin, FL 34697 Ajax 5100 W. Lemon St. Suite 106 Tampa,FL 33609 Crisdel 142 West Platt St. Tampa, FL 33606 Kamminga & Roodvoets, Inc. 5219 Cone Road Tampa,FL 33610 Keystone Excavators, Inc. 371 Scarlett Blvd. Oldsmar, FL 34677 MTM Contractors, Inc. 6550 53rd St. N. Pinellas Park, FL 33781 50 700-1-11 Single Post Sign, F&I Ground Mount, up to 12 SF AS 68 $ 200.00 $ 13,600.00 $ 200.00 $ 13,600.00 $ 200.00 $ 13,600.00 $ 245.00 $ 16,660.00 $ 275.00 $ 18,700.00 $ 200.00 $ 13,600.00 $ 320.00 $ 21,760.00 51 700-1-50 Single Post Sign, Relocate EA 36 $ 88.00 $ 3,168.00 $ 100.00 $ 3,600.00 $ 110.00 $ 3,960.00 $ 100.00 $ 3,600.00 $ 175.00 $ 6,300.00 $ 110.00 $ 3,960.00 $ 130.00 $ 4,680.00 52 700-1-60 Single Post Sign, Remove EA 1 $ 55.00 $ 55.00 $ 50.00 $ 50.00 $ 10.00 $ 10.00 $ 62.00 $ 62.00 $ 75.00 $ 75.00 $ 10.00 $ 10.00 $ 175.00 $ 175.00 53 706-3 Retro-Reflective Pavement Markers EA 160 $ 4.00 $ 640.00 $ 3.70 $ 592.00 $ 3.65 $ 584.00 $ 9.80 $ 1,568.00 $ 5.00 $ 800.00 $ 3.00 $ 480.00 $ 5.25 $ 840.00 54 710-17 Painted Pavement Markings, Remove SF 729 $ 2.20 $ 1,603.80 $ 3.30 $ 2,405.70 $ 3.20 $ 2,332.80 $ 5.00 $ 3,645.00 $ 2.25 $ 1,640.25 $ 3.00 $ 2,187.00 $ 2.60 $ 1,895.40 55 711-11-123 Thermoplastic, Standard, White, Solid, 12" for Crosswalk and Roundabout LF 4,425 $ 2.75 $ 12,168.75 $ 2.00 $ 8,850.00 $ 2.00 $ 8,850.00 $ 10.00 $ 44,250.00 $ 2.50 $ 11,062.50 $ 3.00 $ 13,275.00 $ 2.60 $ 11,505.00 56 711-11-125 Thermoplastic, Standard, White, Solid, 24" for Stop Bar LF 3,100 $ 4.40 $ 13,640.00 $ 4.00 $ 12,400.00 $ 4.00 $ 12,400.00 $ 17.25 $ 53,475.00 $ 5.00 $ 15,500.00 $ 6.00 $ 18,600.00 $ 5.20 $ 16,120.00 57 711-11-170 Thermoplastic, Standard, White, Arrow EA 3 $ 66.20 $ 198.60 $ 60.00 $ 180.00 $ 60.00 $ 180.00 $ 215.00 $ 645.00 $ 100.00 $ 300.00 $ 51.00 $ 153.00 $ 130.00 $ 390.00 58 711-11-224 Thermoplastic, Standard, Yellow, Solid, 18" for Diagonals and Chevrons LF 357 $ 3.30 $ 1,178.10 $ 3.30 $ 1,178.10 $ 3.25 $ 1,160.25 $ 15.00 $ 5,355.00 $ 4.00 $ 1,428.00 $ 5.00 $ 1,785.00 $ 3.85 $ 1,374.45 59 711-14-125 Thermoplastic, Preformed, White, Solid, 24" for High Emphasis Crosswalks LF 1,320 $ 17.65 $ 23,298.00 $ 13.00 $ 17,160.00 $ 13.00 $ 17,160.00 $ 18.50 $ 24,420.00 $ 15.00 $ 19,800.00 $ 17.00 $ 22,440.00 $ 18.25 $ 24,090.00 60 711-16-101 Thermoplastic, Standard - Other Surfaces, White, Solid, 6" GM 0 $ 4,400.00 $ 193.60 $ 3,300.00 $ 145.20 $ 3,520.00 $ 154.88 $ 19,600.00 $ 862.40 $ 5,500.00 $ 242.00 $ 3,745.00 $ 164.78 $ 6,400.00 $ 281.60 61 711-16-201 Thermoplastic, Standard - Other Surfaces, Yellow, Solid, 6" GM 1 $ 4,400.00 $ 2,728.00 $ 3,500.00 $ 2,170.00 $ 3,460.00 $ 2,145.20 $ 19,600.00 $ 12,152.00 $ 5,500.00 $ 3,410.00 $ 4,120.00 $ 2,554.40 $ 6,400.00 $ 3,968.00 62 711-17 Thermoplastic, Remove SF 550 $ 2.20 $ 1,210.00 $ 5.00 $ 2,750.00 $ 5.00 $ 2,750.00 $ 18.50 $ 10,175.00 $ 2.25 $ 1,237.50 $ 5.00 $ 2,750.00 $ 5.50 $ 3,025.00 63 1080-14 Utility Fixtures, Relocate, Water Meter EA 40 $ 1,030.00 $ 41,200.00 $ 460.00 $ 18,400.00 $ 350.00 $ 14,000.00 $ 275.00 $ 11,000.00 $ 675.00 $ 27,000.00 $ 455.00 $ 18,200.00 $ 215.00 $ 8,600.00 64 1080-15 Utility Fixtures, Adjust, Water Valve Box EA 27 $ 1,450.00 $ 39,150.00 $ 225.00 $ 6,075.00 $ 350.00 $ 9,450.00 $ 405.00 $ 10,935.00 $ 250.00 $ 6,750.00 $ 632.00 $ 17,064.00 $ 175.00 $ 4,725.00 65 1644-112-08 Fire Hydrant, F&I, STD, 2 Hose, 6"EA 2 $ 4,525.00 $ 9,050.00 $ 3,600.00 $ 7,200.00 $ 5,200.00 $ 10,400.00 $ 8,300.00 $ 16,600.00 $ 4,500.00 $ 9,000.00 $ 4,628.00 $ 9,256.00 $ 1,135.00 $ 2,270.00 66 1644-800 Fire Hydrant, Relocate EA 5 $ 4,525.00 $ 22,625.00 $ 2,600.00 $ 13,000.00 $ 2,900.00 $ 14,500.00 $ 5,265.00 $ 26,325.00 $ 1,550.00 $ 7,750.00 $ 4,128.00 $ 20,640.00 $ 5,080.00 $ 25,400.00 SUB-TOTAL FEDERAL PARTICIPATING PAY ITEMS NUMBERS 1 to 66 3,161,733.90$ ###########2,870,610.88$ 2,255,365.55$ 2,182,260.50$ 3,065,603.38$ 2,298,404.35$ Page IV-2 of 4 BIDDER’S PROPOSAL PROJECT: DRUID TRAIL PHASE IV (CITY PROJ. NO. 04-0021-PR, FPID 432580-1-58-01) Pepper Contracting Services, Inc. 6920 Asphalt Ave. Tampa, FL Steve's Excavating, Inc. PO Box 303 Dunedin, FL 34697 Ajax 5100 W. Lemon St. Suite 106 Tampa,FL 33609 Crisdel 142 West Platt St. Tampa, FL 33606 Kamminga & Roodvoets, Inc. 5219 Cone Road Tampa,FL 33610 Keystone Excavators, Inc. 371 Scarlett Blvd. Oldsmar, FL 34677 MTM Contractors, Inc. 6550 53rd St. N. Pinellas Park, FL 33781 FEDERAL NON-PARTICIPATING PAY ITEMS UNIT EST. QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 67 101-1 Mobilization LS 1 $ 33,500.00 $ 33,500.00 $ 60,000.00 $ 60,000.00 $ 102,000.00 $ 102,000.00 $ 9,500.00 $ 9,500.00 $ 65,000.00 $ 65,000.00 $ 99,125.00 $ 99,125.00 $168,031.00 $ 168,031.00 68 102-1 Maintenance of Traffic LS 1 $ 30,000.00 $ 30,000.00 $ 41,000.00 $ 41,000.00 $ 35,000.00 $ 35,000.00 $ 12,200.00 $ 12,200.00 $ 15,000.00 $ 15,000.00 $100,000.00 $ 100,000.00 $ 7,950.00 $ 7,950.00 69 104-10-3 Sediment Barrier LF 1,778 $ 1.40 $ 2,489.20 $ 1.25 $ 2,222.50 $ 2.00 $ 3,556.00 $ 2.00 $ 3,556.00 $ 2.00 $ 3,556.00 $ 1.00 $ 1,778.00 $ 2.60 $ 4,622.80 70 110-1-1 Clearing and Grubbing LS 1 $ 54,000.00 $ 54,000.00 $ 4,400.00 $ 4,400.00 $ 185,000.00 $ 185,000.00 $ 36,000.00 $ 36,000.00 $ 25,000.00 $ 25,000.00 $100,000.00 $ 100,000.00 $ 67,000.00 $ 67,000.00 71 120-1 Regular Excavation LS 1 $ 45,600.00 $ 45,600.00 $ 6,800.00 $ 6,800.00 $ 35,000.00 $ 35,000.00 $ 17,250.00 $ 17,250.00 $ 10,550.00 $ 10,550.00 $ 85,337.00 $ 85,337.00 $ 12,425.00 $ 12,425.00 72 160-4 Stabilization (Type B) (12" Roadway)SY 2,178 $ 13.00 $ 28,314.00 $ 32.00 $ 69,696.00 $ 12.50 $ 27,225.00 $ 6.00 $ 13,068.00 $ 9.00 $ 19,602.00 $ 20.00 $ 43,560.00 $ 16.30 $ 35,501.40 73 285-710 Optional Base, Group 10 SY 1,106 $ 50.00 $ 55,300.00 $ 36.00 $ 39,816.00 $ 37.00 $ 40,922.00 $ 19.00 $ 21,014.00 $ 45.00 $ 49,770.00 $ 62.00 $ 68,572.00 $ 27.00 $ 29,862.00 74 327-70-6 Milling 1.5" Depth SY 12,093 $ 5.00 $ 60,465.00 $ 2.50 $ 30,232.50 $ 2.50 $ 30,232.50 $ 5.00 $ 60,465.00 $ 5.00 $ 60,465.00 $ 2.00 $ 24,186.00 $ 2.70 $ 32,651.10 75 334-1-12 Type S Asphalt Pavement TN 1,467.80 $ 102.00 $ 149,715.60 $ 90.00 $ 132,102.00 $ 89.00 $ 130,634.20 $ 122.00 $ 179,071.60 $ 140.00 $ 205,492.00 $ 115.00 $ 168,797.00 $ 135.00 $ 198,153.00 76 Type 1 Curb LF 2,002 $ 21.00 $ 42,042.00 $ 25.00 $ 50,050.00 $ 30.00 $ 60,060.00 $ 22.50 $ 45,045.00 $ 20.00 $ 40,040.00 $ 19.00 $ 38,038.00 $ 15.45 $ 30,930.90 77 Valley Gutter Curb LF 168 $ 35.00 $ 5,880.00 $ 28.00 $ 4,704.00 $ 44.00 $ 7,392.00 $ 24.00 $ 4,032.00 $ 18.00 $ 3,024.00 $ 41.00 $ 6,888.00 $ 24.00 $ 4,032.00 78 520-5-11 Concrete Traffic Separator, Type I, 4' Wide LF 159 $ 125.00 $ 19,875.00 $ 42.00 $ 6,678.00 $ 43.00 $ 6,837.00 $ 42.80 $ 6,805.20 $ 45.00 $ 7,155.00 $ 91.00 $ 14,469.00 $ 65.00 $ 10,335.00 79 522-1 Concrete Sidewalk (4")SY 613 $ 35.00 $ 21,455.00 $ 43.00 $ 26,359.00 $ 45.00 $ 27,585.00 $ 41.80 $ 25,623.40 $ 36.00 $ 22,068.00 $ 53.00 $ 32,489.00 $ 40.50 $ 24,826.50 80 522-2 Concrete Sidewalk and Driveways, 6" Thick SY 230 $ 77.00 $ 17,710.00 $ 50.00 $ 11,500.00 $ 67.00 $ 15,410.00 $ 58.00 $ 13,340.00 $ 48.00 $ 11,040.00 $ 63.00 $ 14,490.00 $ 44.00 $ 10,120.00 81 527-2 Detectable Warnings SF 185 $ 20.00 $ 3,700.00 $ 19.00 $ 3,515.00 $ 20.00 $ 3,700.00 $ 24.50 $ 4,532.50 $ 22.00 $ 4,070.00 $ 29.00 $ 5,365.00 $ 30.00 $ 5,550.00 82 570-1-2 Performance Turf, Sod SY 773 $ 4.00 $ 3,092.00 $ 6.00 $ 4,638.00 $ 4.50 $ 3,478.50 $ 5.65 $ 4,367.45 $ 4.00 $ 3,092.00 $ 6.00 $ 4,638.00 $ 6.90 $ 5,333.70 83 630-2-11 Conduit, Furnish & Install, Open Trench LF 4,658 $ 8.00 $ 37,264.00 $ 9.50 $ 44,251.00 $ 7.50 $ 34,935.00 $ 9.25 $ 43,086.50 $ 18.00 $ 83,844.00 $ 11.00 $ 51,238.00 $ 9.60 $ 44,716.80 84 635-2-11 Pull and Splice Box, F&I, 13" x 24" Cover Size EA 29 $ 715.00 $ 20,735.00 $ 660.00 $ 19,140.00 $ 650.00 $ 18,850.00 $ 795.00 $ 23,055.00 $ 940.00 $ 27,260.00 $ 982.00 $ 28,478.00 $ 835.00 $ 24,215.00 85 706-3 Retro-Reflective Pavement Markers EA 613 $ 4.00 $ 2,452.00 $ 3.70 $ 2,268.10 $ 3.65 $ 2,237.45 $ 9.80 $ 6,007.40 $ 5.00 $ 3,065.00 $ 3.00 $ 1,839.00 $ 5.25 $ 3,218.25 86 710-17 Painted Pavement Markings, Remove SF 240 $ 2.00 $ 480.00 $ 3.30 $ 792.00 $ 3.20 $ 768.00 $ 4.90 $ 1,176.00 $ 2.25 $ 540.00 $ 3.00 $ 720.00 $ 5.00 $ 1,200.00 87 711-11-124 Thermoplastic, Standard, White, Solid, 18" for Diagonals and Chevrons LF 179 $ 3.00 $ 537.00 $ 3.30 $ 590.70 $ 3.25 $ 581.75 $ 14.75 $ 2,640.25 $ 4.00 $ 716.00 $ 5.00 $ 895.00 $ 3.85 $ 689.15 88 711-11-141 Thermoplastic, Standard, White, 6-10 Gap Extension GM 0.06 $ 2,200.00 $ 132.00 $ 1,900.00 $ 114.00 $ 4,750.00 $ 285.00 $ 19,600.00 $ 1,176.00 $ 6,100.00 $ 366.00 $ 2,000.00 $ 120.00 $ 6,400.00 $ 384.00 89 711-11-160 Thermoplastic, Standard, White, Message or Symbol EA 9 $ 165.00 $ 1,485.00 $ 125.00 $ 1,125.00 $ 123.00 $ 1,107.00 $ 275.00 $ 2,475.00 $ 250.00 $ 2,250.00 $ 92.00 $ 828.00 $ 160.00 $ 1,440.00 90 711-11-170 Thermoplastic, Standard, White, Arrow EA 30 $ 66.00 $ 1,980.00 $ 60.00 $ 1,800.00 $ 60.00 $ 1,800.00 $ 215.00 $ 6,450.00 $ 100.00 $ 3,000.00 $ 51.00 $ 1,530.00 $ 100.00 $ 3,000.00 91 711-11-224 Thermoplastic, Standard, Yellow, Solid, 18" for Diagonals and Chevrons LF 462 $ 3.30 $ 1,524.60 $ 3.30 $ 1,524.60 $ 3.25 $ 1,501.50 $ 14.75 $ 6,814.50 $ 4.00 $ 1,848.00 $ 5.00 $ 2,310.00 $ 3.85 $ 1,778.70 92 711-16-101 Thermoplastic, Standard - Other Surfaces, White, Solid, 6" GM 0.488 $ 4,400.00 $ 2,147.20 $ 3,600.00 $ 1,756.80 $ 3,520.00 $ 1,717.76 $ 19,600.00 $ 9,564.80 $ 5,500.00 $ 2,684.00 $ 4,052.00 $ 1,977.38 $ 6,400.00 $ 3,123.20 93 711-16-102 Thermoplastic, Standard - Other Surfaces, White, Solid, 8" GM 0.133 $ 5,750.00 $ 764.75 $ 4,400.00 $ 585.20 $ 4,460.00 $ 593.18 $ 19,600.00 $ 2,606.80 $ 10,560.00 $ 1,404.48 $ 5,371.00 $ 714.34 $ 10,880.00 $ 1,447.04 94 711-16-201 Thermoplastic, Standard - Other Surfaces, Yellow, Solid, 6" GM 1.266 $ 4,400.00 $ 5,570.40 $ 3,600.00 $ 4,557.60 $ 3,460.00 $ 4,380.36 $ 19,600.00 $ 24,813.60 $ 5,500.00 $ 6,963.00 $ 4,100.00 $ 5,190.60 $ 6,400.00 $ 8,102.40 95 711-17 Thermoplastic, Remove SF 48 $ 3.00 $ 144.00 $ 5.00 $ 240.00 $ 5.00 $ 240.00 $ 18.50 $ 888.00 $ 2.25 $ 108.00 $ 5.00 $ 240.00 $ 10.00 $ 480.00 SUBTOTAL FEDERAL NON-PARTICIPATING $648,353.75$ 572,458.00$ 783,029.20$ 586,624.00$ 678,972.48$ 903,812.32$ 741,118.94$ SUBTOTAL ALL ITEMS 1 to 95 $ 3,810,087.65 $ 3,066,958.65 $ 3,653,640.08 $ 2,841,989.55 $ 2,861,232.98 $ 3,969,415.70 $ 3,039,523.29 96 10% CONTINGENCY LS 1 $ 381,008.77 $ 381,008.77 $ 306,695.87 $ 306,695.87 $ 365,364.01 $ 365,364.01 $ 284,198.96 $ 284,198.96 $ 286,123.30 $ 286,123.30 $ 396,941.57 $ 396,941.57 $ 303,952.33 $ 303,952.33 TOTAL CONSTRUCTION COST (PAY ITEMS 1 to 96) $ 4,191,096.42 $ 3,373,654.52 $ 4,019,004.09 $ 3,126,188.51 $ 3,147,356.28 $ 4,366,357.27 $ 3,343,475.62 BIDDERS TOTAL $ 4,191,096.42 $ 3,373,654.52 $ 4,019,004.09 $ 3,126,188.51 $ 3,147,356.28 $ 4,366,357.27 $ 3,343,475.62 BIDDER'S TOTAL $_____________________________________________(Numbers) BIDDER'S TOTAL $____________________________________________________________________________________ ________________________________________________________________________________________________(Words) BID ITEMS CONTRACTOR: _______________________________________________________________________________________ Page IV-3 of 4 BIDDER’S PROPOSAL PROJECT: DRUID TRAIL PHASE IV (CITY PROJ. NO. 04-0021-PR, FPID 432580-1-58-01) Pepper Contracting Services, Inc. 6920 Asphalt Ave. Tampa, FL Steve's Excavating, Inc. PO Box 303 Dunedin, FL 34697 Ajax 5100 W. Lemon St. Suite 106 Tampa,FL 33609 Crisdel 142 West Platt St. Tampa, FL 33606 Kamminga & Roodvoets, Inc. 5219 Cone Road Tampa,FL 33610 Keystone Excavators, Inc. 371 Scarlett Blvd. Oldsmar, FL 34677 MTM Contractors, Inc. 6550 53rd St. N. Pinellas Park, FL 33781 THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. Page IV-4 of 4 SECTION V Page i Updated: 2/6/2017 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ..................................................................................................... 228 CONTRACT .............................................................................................................................................230 CONSENT OF SURETY TO FINAL PAYMENT .............................................................................. 234 PROPOSAL/BID BOND ........................................................................................................................ 235 AFFIDAVIT ........................................................................................................................................... 236 NON COLLUSION AFFIDAVIT..........................................................................................................237 PROPOSAL .............................................................................................................................................238 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 241 BIDDER’S PROPOSAL ................................................................................................... Addendum 4 Page 3 SECTION V Updated: 2/6/2017 228 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER [Keystone Excavators, Inc] [374 Scarlett Blvd. Oldsmar, FL] [813-854-2342] [name] [principal business address] [phone number] City of Clearwater [Engineering Dept.] 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-[4747] PROJECT NAME: [Druid Trail Phase IV] PROJECT NO.: [#04-0021-PY FPID 432580-1-58-01] PROJECT DESCRIPTION: [This Local Agency Program (LAP) Project with FDOT is for the construction of 8 ft. wide asphalt biking & pedestrial trail of approx. 15,500 linear feet in length with site preparation work, conflict relocation, asphalt placement, drainage work, concrete flatwork & roadway improvements] BY THIS BOND, We, __________________________________, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $[3,126,188.51], for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of [Druid Trail Phase IV], the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V Updated: 2/6/2017 229 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). [Keystone Excavators, Inc.] By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V Updated: 2/6/2017 230 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: [Druid Trail Phase IV] PROJECT NO.: [04-0021-PR , FPID 432580-1-58-01] in the amount of $ 3,126.188.51 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V Updated: 2/6/2017 231 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V Updated: 2/6/2017 232 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a)Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b)Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c)Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d)Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e)A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f)The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h)If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: SECTION V Updated: 2/6/2017 233 CONTRACT (4) 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i)A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j)A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________ Matthew M. Smith Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V Updated: 2/6/2017 234 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: [Druid Trail Phase IV] [Engineering Dept.] PROJECT NO.: [04-0021-PR, FPID 432580-1-58-01] 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: Keystone Excavators, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of [Keystone Excavators, Inc.] [371 Scarlett Blvd. Oldsmar, FL 34677],CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater [Engineering Dept.] 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): LA KE VIEW R D TU RN ER ST DUKE ENERGY TRAILDRUID RD GULF-TO-BAY BLVD US-19 NCOURT ST S KEENE RDS HIGHLAND AVERAINBOW DR S BELCHER RDS LAKE DRS ARCTURAS AVES HERCULES AVES COMET AVEEDENVILLE AVES GLENWOOD AVEBYPASS DRS DUNCAN AVES EVERGREEN AVES HILLCREST AVES HILLCREST AVELOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM PD N.T.S.296-299 xx-xx-xx08/15/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: DRUID TRAIL Document Path: V:\GIS\_Staff\Chris\Projects\City\TRAFFIC CUSTOM MAPS\Druid Trail bw.mxd C R E S T L A K E P A R K G L E N N O A K S P A R K LEGEND Druid TrailExisting Trail SystemUnincorporated Pinellas Co unty Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4062 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Declare surplus for the purpose of sale, through Invitation to Bid 05-18, real property formerly used as city right-of-way located in Section 17, Township 29 South, Range 16 East whereby the successful bidder will assemble the property with meaningful development with an express prohibition against the parcel becoming an uneconomic remainder. SUMMARY: November 12, 1968, the City of Clearwater acquired this strip of land, which runs along the east side of Thornton Road, to use for Right-of-Way purposes. The adjacent property owner expressed interest in acquiring this piece of land to support the parking lot on their site. This strip of land runs along the east side of Thornton Road and is approximately 10 ft. by 900 ft. Its size and shape impose limitations on potential land uses. Any meaningful development of the property will require the use of adjacent lands. An independent appraisal was performed on the property on April 20, 2017 by Jim Millspaugh and Associates. This appraisal report determined that the fair market value is $230,000. Per City Charter 2.01, 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 City Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. Page 1 City of Clearwater Printed on 12/1/2017 Legal Description: RDTHORNTONBAYSI DECR-611Tennessee Ave AVEBAYVI EWCarolina C R -31Bay StMeadow LarkGULF-TO-BAY BLVD Ke ntucky Ave LnAve Rog ers LOCATION MAP ²Prepare d b y:Eng ineer ing De p ar tm en tGeographic T echno lo gy Division100 S . M yrtle Ave, Clear water, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClea r wa ter .co m 10' SURPLUSLOCATION CRM JB N.T.S.300B 17-29-1611-06-201 7Map Gen By:Reviewed By:S-T-R:Grid #:Date:Sca le: THORNTON ROADSURPLUS PROPERTY Documen t Path: V:\GIS\En gineerin g\Loca tion Maps \Th orn to nRd.mxd T A M P A B A Y Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4074 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Ratify and confirm an Interlocal Agreement between Pinellas County and its NPDES Co-Permittees for the Implementation and Operation of a Surface Water Quality and Biological Monitoring Program; approve the First Amendment to the Interlocal Agreement between Pinellas County and NPDES MS4 Co-Permittees for Water Quality and Biological Monitoring and authorize the appropriate officials to execute same. SUMMARY: This interlocal agreement covers the surface water quality monitoring and biological monitoring program administered by Pinellas County. This agreement was originally signed by the City Engineer in 2013, but similar agreements for monitoring have been in place since 2002. The monitoring program is a requirement of the stormwater permit issued by the Florida Department of Environmental Protection. The City is responsible for 12.05% of the total costs, which is based on acreage. The amendment to the agreement is a time extension only and is in effect until 2020. Page 1 City of Clearwater Printed on 12/1/2017 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM This AGREEMENT, by and among the Cities of Pinellas County, Florida, including the Town of Belleair, City of Belleair Beach, City of Belleair Bluffs, City of Clearwater, City of Dunedin, Town of Kenneth City, City of Gulfport, City of Indian Rocks Beach, City of Largo, City of Madeira Beach, Town of North Redington Beach, City of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of Redington Shores, City of St. Pete Beach, City of Safety Harbor, City of Seminole, City of South Pasadena, City of Tarpon Springs, City of Treasure Island, all of which are municipal corporations of the State of Florida, hereinafter collectively referred to as CO- PERMITEES, and Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, is entered into this ay of A,„2013. WITNESSETH, That: WHEREAS, the CO- PERMITTEES and COUNTY desire to protect and promote the public health, safety and general welfare through the management of stormwater runoff; and WHEREAS, the CO- PERMITTEES and COUNTY desire to maintain and assist in the improvement of water quality and to preserve and enhance the environmental quality of receiving waters; and WHEREAS, pursuant to the Clean Water Act (CWA), and the regulations promulgated thereunder, the United States Environmental Protection Agency (EPA) has developed regulations under the National Pollutant Discharge Elimination System (NPDES) permit program published as 40 C.F.R. § 122.26; and WHEREAS, 40 C.F.R. § 122.26 requires that, based on the 1990 census, the COUNTY obtain a NPDES permit; and WHEREAS, the EPA, Region IV notified the remaining CO- PERMITTEES, by letter dated December 16, Page 11 1993 that the remaining CO- PERMITTEES are designated as part of the COUNTY municipal separate storm sewer system (MS4) for the purposes of NPDES permitting; and WHEREAS, the COUNTY as lead applicant and the Town of Belleair, City of Belleair Beach, City of Belleair Bluffs, City of Clearwater, City of Dunedin, Town of Kenneth City, City of Gulfport, City of Indian Rocks Beach, City of Largo, City of Madeira Beach, Town of North Redington Beach, City of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of Redington Shores, City of St. Pete Beach, City of Safety Harbor, City of Seminole, City of South Pasadena, City of Tarpon Springs, City of Treasure Island as co- applicants applied for and received NPDES permit #FLS000005; and WHEREAS, NPDES permits in Florida were delegated from the Environmental Protection Agency's jurisdiction to the Florida Department of Environmental Protection (FDEP) in October 2000 as set forth in Section 403.0885, F.S.; and WHEREAS, stormwater discharges from medium and large MS4's are regulated under Chapter 62- 624, F.A.C.; and WHEREAS, NPDES permit #FLS000005 Part V.B.1 requires a monitoring program to assist in determining the impact of stormwater discharges on receiving waters located in the geographical area covered by the permit; and WHEREAS, NPDES permit #FLS000005 Part V.B.1 requires a monitoring program to assist in determining the effectiveness of the stormwater management programs being implemented and shall assist in identifying and prioritizing portions of the MS4 requiring additional controls; and WHEREAS, in 2012, the Florida Department of Environmental Protection (FDEP) promulgated numeric nutrient water quality standards in Chapters 62 -302 (Water Quality Standards) and 62 -303 Identification of Impaired Surface Waters) of the Florida Administrative Code (F.A.C.); and WHEREAS, pursuant to these new regulations, an evaluation of water chemistry, biological data (flora and fauna), and physical information are used to determine if a water body's nutrient Page 12 concentrations are protective of balanced flora and fauna; and WHEREAS, it is the mutual desire of the COUNTY and the CO- PERMITTEES to establish relationships and responsibilities for the funding, implementation, operation and maintenance of a water quality monitoring and biological monitoring program to meet NPDES Stormwater permit requirements. NOW THEREFORE, in consideration of the mutual covenants hereafter set forth, the parties hereto mutually agree as follows: SECTION 2, PURPOSE The purpose of this Agreement is to set forth the relationship of the COUNTY and the CO- PERMITTEES with respect to the following: A. To define the general responsibilities of the COUNTY and the CO- PERMITTEES in implementing and continuing a water quality monitoring program that will be consistent with, and in support of, the requirements of NPDES permit #FLS000005. B. To define the general responsibilities of the COUNTY and the CO- PERMITTEES in implementing the biological monitoring program required by the Florida Department of Environmental Protection to determine compliance with the Numeric Nutrient Criteria. C. To establish a cost allocation method to ensure equitable distribution of program operation and maintenance costs. SECTION 3, GENERAL RESPONSIBILITIES A. Water Quality Monitoring Program The COUNTY will continue to operate and maintain the water quality monitoring program set forth Page 13 in Exhibit "A" using COUNTY staff and equipment. The COUNTY and CO- PERMITTEES may be issued a new NPDES permit prior to the expiration of the Agreement and the COUNTY and CO- PERMITTEES shall abide by the requirements of this new permit. The COUNTY's monitoring program will consist of: managing staff maintaining equipment and instruments in working order ordering supplies and calibration standards performing necessary field quality assurance protocols in accordance with Florida Department of Environmental Protection (FDEP) guidelines collection of samples coordinating sample delivery to a National Environmental Laboratory Accreditation Conference (NELAC) certified analytical laboratory reviewing and managing analytical data results entering data into the state database as required by FDEP reporting of data results to FDEP in accordance with NPDES permit requirements include a reference to each of the CO- PERMITTEES listed in this agreement as a contributor to a countywide monitoring program in monitoring results submitted to FDEP as required by NPDES permit FLS000005 reporting of raw data results to the CO- PERMITTEES every calendar year reporting to the municipalities of trends in each watershed so the CO- PERMITTEES may individually determine the effectiveness of their stormwater management programs and identify and prioritize portions of the MS4 requiring additional controls B. Biological Monitoring Program The COUNTY will implement the Biological Monitoring Program by January 1, 2014. The COUNTY will operate and maintain the program set forth in Exhibit "B" using COUNTY staff and equipment or a consultant. The COUNTY's monitoring program will consist of: managing staff, supplies and equipment or consultant(s) ensuring field quality assurance protocols are in accordance with Florida Department of Environmental Protection (FDEP) guidelines collection and analysis of samples reviewing and managing analytical data results entering data into the state database as required by FDEP include a reference to each of the CO- PERMITTEES listed in this agreement as a contributor to a countywide monitoring program in monitoring results submitted to FDEP as required by NPDES permit FLS000005 reporting of raw data results to the FDOT and the CO- PERMITTEES every calendar year as applicable Page 14 SECTION 4, COST ALLOCATION A. The CO- PERMITTEES and the COUNTY shall share the actual annual costs of the water quality and biological monitoring programs. Costs shall be paid by each CO- PERMITTEE and the COUNTY on a pro -rata basis based upon jurisdictional acreage figures provided by the Pinellas County Planning Department. Acreage figures for the COUNTY and each CO- PERMITTEE are set forth in Exhibit "C." The acreage figures presented in Exhibit "C" are the most recent acreage figures available at the time this Agreement is being executed and shall remain in effect for the duration of this Agreement Term. In addition, costs will be shared in accordance with the terms shown in Exhibit "D." B. The COUNTY shall invoice the CO- PERMITTEES for their respective contribution, as stated above, to be paid in a lump sum after the end of each fiscal year (Oct. 15L- Sept. 30th). Each CO- PERMITTEE will make payment of its indicated share to the COUNTY within forty (40) days of receipt of the invoice. C. The COUNTY will provide the CO- PERMITTEES with annual data report and summary invoice including operating, labor and laboratory analyses costs. SECTION 5, COPIES Upon final execution of this document, the COUNTY will file the original with the Pinellas County Clerk of Circuit Court pursuant to Chapter 163.01, Florida Statutes. Two (2) certified copies will be provided to each CO- PERMITTEE. Page 1 5 SECTION 6, NOTICES All written notices to THE CO- PERMITTEES and the COUNTY under this agreement shall be directed to the following addresses: Belleair: Mr. Perry Lopez Public Works Director City of Belleair 901 Ponce De Leon Blvd. Belleair, FL 33756 -1096 Belleair Beach: Ms. Nancy Gonzalez City Manager City of Belleair Beach 444 Causeway Boulevard, Belleair Beach, Florida 33786 Dunedin: Mr. Keith Fogarty Director of Maintenance City of Dunedin 750 Milwaukee Avenue Dunedin, FL 34698 Indian Rocks Beach: Mr. Dean Scharmen Public Services Director City of Indian Rocks Beach 1507 Bay Palm Blvd. Indian Rocks Beach, FL 33785 -2899 Largo: Mr. Leland Dicus City Engineer City of Largo P.O. Box 296 Largo, FL 33779 -0296 Belleair Bluffs: Mr. Robert David Public Works Director City of Belleair Bluffs 2747 Sunset Blvd. Belleair Bluffs, FL 33770 Clearwater: Ms. Sarah Josuns Engineering Department City of Clearwater P.O. Box 4748 Clearwater, FL 33758 -4748 Guloort: Mr. Don Sopak Public Works Director City of Gulfport 2401 -53rd St. South Gulfport, FL 33707 Kenneth Citv: Mr. John Dutton Director of Public Works Town of Kenneth City 6000 54th Ave. N. Kenneth City, FL 33709 -1800 Madeira Beach: Mr. Shane Crawford City Manager City of Madeira Beach 300 Municipal Drive Madeira Beach, FL 33708 -1996 Page 1 6 North Redington Beach: Ms. Donna Rolih Town Clerk Town of N. Redington Beach 190 173rd Avenue North Redington Beach, FL 33708 -1397 Pinellas Park: Mr. Randal Roberts Streets & Drainage Division Director City of Pinellas Park 6051 78th Ave. N. Pinellas Park, FL 33781 Redington Shores: Ms. Patti Herr Deputy Town Clerk Town of Redington Shores 17425 Gulf Blvd. Redington Shores, FL 33708 -1299 South Pasadena: Mr. Gary Anderson Public Works Director City of South Pasadena 7047 Sunset Dr. S. South Pasadena, FL 33707 -2895 St. Pete Beach: Mr. Steven Hallock Public Services Director City of St. Pete Beach 155 Corey Avenue St. Pete Beach, FL 33706 -1839 Oldsmar: Ms. Lisa R. Rhea Public Works Director City of Oldsmar 100 State Street West Oldsmar, FL 34677 -3756 Redington Beach: Mr. Mark Davis Public Works Director Town of Redington Beach 105 -164th Ave. Redington Beach, FL 33708 -1519 Safety Harbor: Mr. Raymond D. Boler Public Works Director City of Safety Harbor 1200 Railroad Avenue Safety Harbor, FL 34695 Seminole: Mr. Jeremy Hockenbury Public Works Director City of Seminole 9199 113th Street North Seminole, FL 33772 Tarpon Springs: Ms. Roni Barrow NPDES Coordinator City of Tarpon Springs 324 E. Pine Street Tarpon Springs, FL 34689 Page 1 7 Treasure Island: Pinellas County: Mr. James Newton Ms. Kelli Hammer Levy Water Pollution Control Supervisor Pinellas County Dept. of Environment and City of Treasure Island Infrastructure — Natural Resources 120 108th Ave. 22211 US HWY 19 N — building 10 Treasure Island, FL 33706 Clearwater, FL 33765 SECTION 7, AUDIT REQUIREMENTS A. All parties' records shall be open to inspection and subject to examination, audit, and /or reproduction during normal working hours by any parties' agents or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted pursuant to the execution of this Agreement. These records shall include, but not be limited to, accounting records, written policies and procedures, subcontractor files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated final settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement. They shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, including overhead allocations as they may apply to costs associated with this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations, the parties' agents or authorized representatives shall have access to said records from the effective date of the Agreement for the duration of the work, and until three (3) years after the date of final payment by the parties pursuant to this Agreement. C. The parties' agents or authorized representatives shall have access to all facilities and all necessary records to the extent necessary to conduct audits in compliance with this Page 18 Section. The parties' agents or authorized representatives shall give all other parties reasonable advance notice of intended inspections, examinations, and /or audits. SECTION 8, TERMINATION OF AGREEMENT: Any party may terminate this Agreement by notifying all other parties in writing thirty (30) calendar days prior to the beginning of the fiscal year. For all parties, fiscal year begins on October 15`, so termination notices shall be provided no later than September 1st. The Agreement will stay in effect for all parties remaining. SECTION 9, ENTIRE AGREEMENT This Agreement together with Exhibits "A ", "B ", "C ", "D" and "E" embodies the whole agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein and this document shall supercede all previous communications, representations and /or agreements, whether written or verbal, between the parties hereto. This Agreement may be modified only in writing, executed by all parties. SECTION 10, AGREEMENT TERM This Agreement shall take effect as provided in section 13 and shall remain in effect until December 315`, 2017, unless renewed in writing by mutual agreement of all parties hereto for an additional length of time. Page 1 9 SECTION 11, FISCAL FUNDING In the event that sufficient budgeted funds are not available for a new fiscal period, the terminating party shall notify all other parties of such occurrence and the agreement with that party shall terminate on the last day of the current fiscal period without penalty or expense to the terminating party. SECTION 12, HOLD HARMLESS The parties hereto agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence to the extent permitted by section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the COUNTY or the CO- PERMITTEES to be sued by third parties in any manner arising out of this agreement. SECTION 13, EFFECTIVE DATE This Agreement will be retroactive to October 1, 2012 upon execution by the parties. Page 1 10 IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals as the day and year first above written. PINELLAS COUNTY A political subdivision of the State of Florida By: Kenneth T. Welch, Chairman Board of County Commissioners County Clerk ATTEST KEN B:,.J ' ,.,. ,_ERK Deputy Clerk OFFICIAL SEAL F_ : • APPROVED AS TO FORM. 11 ,„ Couy'Attor y By: I, KFA1 BURKE, Clerk of the Circuit Court and Clerk Ex-014icio, Board of County Commissioners, do yeertify that the above and foregoing is a true C rreCt copy of the original as it appears in the ofd& filets of the Board of County Commissioners of Pins%ounty, Florida. Witne y hand and ' Ase FL F of A.D.20 r`l(E, Clerk of the Circuit Court x- Officio We Board of Co nt ommissioners, 9;}6GiG 3¢ r.tlerk Page 111 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM errr /TOWN OF ael LLa .LY A municipal corporation of the State of Florida Name, Title Micah axwell, Town Manager ATTEST: ' t r " g r J f`1,` rep ay Clef`k 1 I dFFICIAL SEAL REVIEWED'AID APPROVED: By: City Attorney David Ottinger, Town Attorney Page 112 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY/TOWN OF 6.1.11. LQ LV A municipal corporation of the State of Florida G1 PICIAL`SEAL 1J REVIEWED /ND APPROVED: By: Joeitii A orne Page 1 12 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM TOWN OF 4&-Z1.-E01IR pL(9FIF3 A municipal corpor . ion of St e of Florida By: i0 y 3 Name, K\N•pR OFFICIAL SEAL REVIEWED AND APPROVED: By: City Attorney INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY OF CLEARWATER A municipal corporation of the State of Florida By: 1 Michael D. Quillen, P.E., City Engineer ATTEST: Rosemarie Call, City Cle OFFICIAL SEAL REVIEWED AND APPROVED: Bv.: Leslie K. Dougall- Sides, ant City Attorney INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY OF DUNEDIN A municipal corporation of the State of Florida By: David Eggers, M y r S Denise Schlegel, Ci - rk REVIEWED AND APPROVED: By: Thomas Tras , City Attorney INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM TOWN OF KENNETH CITY A municipal corporation of the State of Florida ATTEST: By: Susan L. Scrogham CMC, T lerk OFFICIAL SEAL R r IE D AND APP OVED: wn Attorney Page / 12 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY /TOWN OF 6UlarE A municipal corporation of the State of Florida By: / t/netd)So4 James E. O'Reilly, City Manager Lesley DeMuth, City Clerk OFFICIAL SEAL REVIEWED AND APPROVED- By: A dre ;r•" man, City Attorney INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY OF INDIAN ROCKS BEACH A municipal corporation of the State of Florida By: Brently Gregg Mims, ICMi-¢M, City Manager Deanne B. O'Reilly, MMC, City Clerk OFFICIAL SEAL REVIEWED AND APPROVED: By: Maura J. K. fer, Cit Attorney INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY OF LARGO CITY OF LARGO, FLORIDA By: K22-------- 6Mayor Reviewed and Approved: INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY /TOWN OF Madeira Beach A municipal corporation of the State of Florida By: Name, Title Travis Palladeno, Mayor ATTEST: By: City Clerk Aimee Servedio_ REVIEWED AND APPROVED:, By: City A4torney Thomas J. Trask Page 1 12 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY /TO N OF Dr-14 & tat n o e-a . A munici By: I cor , ora on of the State of Florida me, Titie ATTEST: OFFICIAL SEAL ED AND APPROVED: ttorney Page 112 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY/TOWN OF G7 ds i A municip. • poration of th state of Florida By: e, Title M aR ut, OFFICIAL SEAL REVIEWED AND APPROVED: By: Ci Attorney Page 1 12 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY /TOWN OF PINELLAS PARK A municipal corporation of the State of Flor' • a Sandra L. Bradbury, Mayor ATTEST: Diane M. Co MMC, City ClerkM. Cor , MMC, City Clerk OFFICIAL SEAL REVIEWED AN.t/APPROVED: By: James W. Denhardt, City Attorney Page 112 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY /TOWN OF 6d-I A municipal corporation of the State of Florida ATTEST: By: 1/1/ tA-AAA- City Clerk OFFICIAL SEAL REVIEWED AND APPROVED: By: City Attorney INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY /TOWN OF .REDINGTOID ,SHORES A municipal corporation of the State of Florida OFFICIAL SEAL REVIEWED I D PPROVED: By: City Atto ney Page 112 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY /TOW*0F Sr /e c&. A municipal corporation of the State of Florida Name, Title OFFICIAL SEAL REVIEWED AND APPROVED: By: y orney Page 12 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY OF SAFE - • RBOR A municipal orpor tion of th- Stat By: ATTEST: By: Q ep Ayoub, Mayor Karen Sammons, CMC, City Clerk OFFICIAL SEAL REVIEWED AND APPROVED: INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY /TOWN OF _ -inA O L A municipal corporation of the State of Florida By LD..4&sit. .ccVvLu.t,d.,p_ Co i %u' M all aoyl, r Name, Title ATTEST: By: / City Clerk OFFICIAL SEAL REVIEWED AND APPROVED/ 4 A,44__ By: City Attorney Page 1 12 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY OF SOUTH PASADENA A municipal corporation of the State of Florida By: ATTEST: Dan Calabria, Mayor By: aisted, City Clerk OFFICIAL SEAL REVIEW By: VED: David Linger, City Attorney INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY OF TARPON SPRINGS A municipal corporation of the State of Florida By: By: David O. Archie, Mayor OFFICIAL SEAL REVI QED AND APPROVED: By: J . y Daigne lt, City Attorney Mark LeCouris, City Manager Page 112 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES COPERMITTEES FOR THE IMPLEMENTATION AND OPERATION OF A SURFACE WATER QUALITY AND BIOLOGICAL MONITORING PROGRAM CITY OF TREASURE ISLAND, FLORIDA A municipal corporation of the State of Florida By: ATTEST: By:.- Robert Minning, Mayor Dawn Foss, City Clerk OFFICIAL SEAL APPROVED AS TO FORM: By: sK/L1A 04 Maura Kiefer, ity Attorney 1, K,=1 BURKE, Clerk of the Circuit Court and Clerk ExcOfflCio, Board of County Commissioners, do hereby certify that the above and foregoing is a true and corregt copy of the original as it appears in theofficiatkies,of the Board of County Co missioners of Rir>lellas.County, Florida. Witn hand and D. 20 II BUft rk of the Circuit Cou x-Officio Clerk the Board of County 0' issioners, finell , ounty, Flo [ ' EXHIBIT A — PINELLAS COUNTY AMBIENT WATER QUALITY MONITORING PROGRAM The Pinellas County Department of Environment and Infrastructure Natural Resources Section has conducted surface water quality monitoring in Pinellas County since 1991. Beyond fulfilling the monitoring requirements of NPDES permit FLS000005, this monitoring effort provides important water quality data to support Pinellas County watershed planning initiatives, the Pinellas County Comprehensive Plan, and the Tampa Bay Estuary Program (TBEP) Comprehensive and Conservation Management Plan (CCMP). The 1991 -2002 monitoring program was designed to collect monthly surface water quality data at a series of fixed stations in County streams, creeks, lakes and marine waters. In early 2002, county staff recognized the need to assess receiving waterbody water quality with a known level of confidence while minimizing sampling bias. In response to the need to improve the monitoring program and growing NPDES and Florida Department of Environmental Protection (FDEP) Total Maximum Daily Load (TMDL) program requirements, Pinellas County and its co- permittees entered into an Interlocal Agreement to re- design and share the costs of the Ambient Water Quality Monitoring Program. The new program was designed to provide statistically valid and defensible results and to fill gaps in the geographic coverage sampled by the 1991 -2002 monitoring program. A. What is the monitoring program intended to accomplish? The revised monitoring program is aimed to: Assess status and trends in water quality of fresh and marine open waterbodies; Determine annual and seasonal pollutant loadings delivered from County sub - basins; and Determine the effectiveness of water quality Best Management Practices (BMPs) implemented in the County; and Assist in identifying and prioritizing portions of the MS4 requiring additional controls. The program components are summarized below. 1. Probabilistic monitoring design for open waterbodies The first portion of the monitoring program focuses on Pinellas County coastal waters, Lake Seminole, and Lake Tarpon (Figure 1). The monitoring program is a probabilistic design that employs an EMAP -based design element and a stratified random design element. The probabilistic element allows for the calculation of estimates and confidence limits of the total surface area for various water quality conditions within each geographic reporting unit or stratum. The stratified random element allows for the calculation of mean annual estimates of population means and confidence limits. The strengths of this monitoring program are supported by the data analysis and reporting that can be achieved including: Water quality status and trends calculations; Identification and prioritization of receiving waters not meeting designated uses; and Statistical water quality comparisons among geographical reporting units or strata. Page 1 13 Pinellas County Water Quality Monitoring Program Open Water Segments a. Joseph Sound W1) Clearwater Harbor North W2) Clearwater Harbor South W3) 0 t75 3.5 The Narrow W4) I i Old Tampa Bay El ,E3,&E4) Middle Tampa Bay E5) Riviera Bay RB) Boca Ciega Bay No W6) Boca Ciega Bay Centr WT) Boca Ciega Bay South W8) 7 Miles It l i t rab=±6Gse5 ieW t3 2013 Figure 1. Pinellas County Water Quality Monitoring Program Open Water Segments Pagel 14 Fixed site monitoring program The second tier of the Pinellas County Ambient Water Quality Monitoring Program includes a series of fixed stream and creek sites located in each basin within the permit coverage area (Figure 2). Sites where water quality samples and flow measurements are taken are located upstream of tidal influences to better characterize stream and creek water quality resulting exclusively from freshwater runoff and to allow for receiving waterbody pollutant loading estimates. Water quality (not flow) is sampled for a few additional sites that are located in marine portions of streams, creeks, or channels. These data are being used to generate baseline countywide loading estimates from a wide variety of basin sizes and land uses as well as to characterize existing in- stream water quality conditions. Flexibility in the year -to -year site selections and sampling frequencies must be allowed to address refinements to sampling objectives and changing federal and state regulatory priorities. 2. Basin and land use specific Event Mean Concentration (EMC) development and BMP evaluations. In tier three of the monitoring program, Pinellas County may conduct EMC and BMP evaluations at specific sites throughout the County. Monitoring is conducted manually or by using automated sampling systems comprised of refrigerated auto samplers, multi -probe water quality meters, rain gages, and flow sensors. Page 1 15 PINELLAS COUNTY WATER QUALITY MONITORING PROGRAM FIXED- LOCATION STREAM SITES ENVJPONME,NiAL' MANAGEMENT 61 Basins 1. Anclete River 2. K losterm an Bayou 3. Lake Tarpon 4. Brooker Creek 5. Oldsmar 6. South Creek 7. Sutherland Bayou 8. Smith Bayou 9. Cedar. Creek 19. CurlewCreek 11. Possum Branch 12. Bishop Creek 13. Mullet Creek 14. Alligator Creek. 15. Spring Branch - Stevensons Creek 16. Coastal Zone 4 17.. Coastal Zone 1 18. Stevensons Creek 19. Aliens Creek 20. Coastal Zone 2 21. Coastal Zone 3 22. Long Branch 23. Roosevelt C rossBayou 25. Starkey Road 26. Lake Seminole 27. McKay Creek 26. Coastal Zone 5 29. Pinellas Park Ditch SI 30. Say.grass Lake 31. Tinney Creek 32. N.E_ St. Petersburg 33. 70th Ave. North Canal 34. 54th Ave East Canal 35. Joes Creek 36. Long Bayou 37. Pasadena Lake 38. S W. St. Petersburg 39. Bear Creek 40. Booker Creek 41. North Coffee Pot Bayou 42. 45th Ave North East Canal 43. Coffee Pot. Bayou 44. Albert Whined 45. 34th Street 46. Clam Bayou 47. Gulfport 48. Frenchman's' Creek 49. Lake Maggone /Salt Creek! 50. Big Bayou 51.: Little. Bayou Creek 52. Pinellas Pant 53. St. Joseph Sound 54 Clearwater Harbor North 55. Clearwater. Harbor South. 56. The Narrows 57. Boca Ciega Bey North 58. Boca Ciega Bay Central 59. Boca Ciega Bay South 60. Boca Ciega BaySouth 61. Tampa Bay Tampa Bay (Riviera Bay) 63. Old Tampa Bay Figure 2. Pinellas County Water Quality Monitoring Program Fixed Site Locations. Page 116 B. When and how is monitoring conducted? 1. Frequency of monitoring Monitoring is conducted at four random sites in each open water segment and at all fixed sites approximately every six weeks in the wet season and every seven weeks in the dry season or a total of eight times per year. 2. Type of sampling (water column, biology or sediment) A total of 32 sample site locations are randomly selected for each stratum. In eastern strata (E1 -E5 and RB) the sample effort is stratified by depth with 6 sample sites randomly selected from waters greater than 2 meters and 26 sites randomly selected from waters less than 2 meters. In western strata (W1 -W8) and lake strata (SA, SB, and LT) random site location selection is not stratified by depth. There are 8 sample periods and for each stratum four sites are randomly assigned to a sample period. 3. Parameters monitored at each station Please note: the parameters listed below are currently being monitored; however, the list of specific metrics analyzed may vary to some degree year -to -year as funding levels change and specific programs objectives are revised. For all monitoring sites: PH Water Temperature Specific Conductance /Salinity Dissolved Oxygen Chlorophyll -a, b, c and phaeophytin Ammonia Nitrate - Nitrite Total Kjeldahl Nitrogen Total Nitrogen (TN) Total Phosphorous (TP) Orthophosphate Turbidity Total Suspended Solids (TSS) Color (Lake Seminole, Lake Tarpon, Alligator Lake, and Lake Chautauqua only) For streams, creeks and lakes only: Fecal Coliform Enterococci Biological Oxygen Demand (BOD5) Aluminum (Lake Seminole and bypass canal only) For fixed sites only: Flow Page 1 17 For open water sites only: Secchi disk depth Photosythetically Active Radiation (PAR) Transmissivity Water quality parameters were selected to balance County, TBEP, Southwest Florida Water Management District (SWFWMD), and state goals and objectives for water quality monitoring. For example, Chlorophyll was selected as an indicator of phytoplankton biomass and to assess achievement of segment specific chlorophyll targets set by the TBEP for Tampa Bay. In addition, the state uses a Chlorophyll reference level in their Total Maximum Daily Load (TMDL) assessment program. TN, TP, and TSS were selected as indicators for water quality in part because TN and TP are used to determine trophic status of lakes and TSS has a direct impact on water clarity. External loadings of these constituents to Tampa Bay are periodically tracked by TBEP as part of the CCMP. Water column light attenuation or water clarity is measured using a Secchi disc, a light meter to determine PAR, and a transmissometer. The amount of surface light reaching the bay bottom is of critical importance and is directly related to the health of seagrasses and other submerged aquatic vegetation. Bacteriological monitoring serves as indicators of pathogens at freshwater sites and for water quality assessments in the TMDL program. The addition of BOD5 is necessary for meeting TMDL requirements. EMC evaluations may include: Specific Conductance /Salinity pH Temperature Dissolved Oxygen Total Dissolved Solids Total Suspended Solids Biochemical Oxygen Demand Chemical Oxygen Demand Oil & Grease Nitrate + Nitrite (NOX) Ammonia Total Kjeldahl Nitrogen (TKN) Soluble TKN Total Phosphorous Orthophosphate Fecal Coliform Cadmium Chromium Copper Lead Zinc Hardness BMP evaluations may include: Specific Conductance /Salinity pH Temperature Dissolved Oxygen Total Dissolved Solids Total Suspended Solids NOX Ammonia TKN Total Phosphorous Orthophosphate Cadmium Chromium Copper Lead Zinc Fecal coliforms Page 118 Note: For EMC and BMP evaluations, parameters selected vary according to land use assessed and specific objectives of each BMP evaluation. C. Where are monitoring stations located? Please refer to figures 1 and 2 for open water monitoring segments and fixed sites. As part of the probabilistic design for monitoring water quality in county open water bodies, current funding levels allow for 32 new random sampling locations to be sampled per segment each year. For stream sites, as stated in section A, baseline loading estimates will be calculated to determine which basins contribute the greatest proportion of pollutant loads to county receiving waters. D. Quality Assurance Pinellas County Department of Environment and Infrastructure Natural Resources Section staff conducts all sampling activities in accordance with the applicable FDEP SOPs found in F.A.C. Chapter 62 -160. The FDEP Bureau of Laboratory staff audited the section's performance and the section has met all FDEP requirements for monitoring and reporting. E. Estimates of Pollutant Loadings In year three of the permit, as required in Part V. A., seasonal pollutant loads and EMCs will be calculated for each major drainage basin using a combination of referenced sources and data collected as specified in tier three of the County's monitoring program. F. Reporting Pinellas County plans to report raw data quarterly to FDEP and annually to the copermittees. Co- permittees will be provided with trends in each watershed so the Co- permittees individually determine the effectiveness of their stormwater management programs and identify and prioritize portions of the MS4 requiring additional controls In addition, Pinellas County will generate the following: Annual Reporting: Data summaries including mean, median, minimum, maximum, and standard error values for open water segments and stream sites in narrative, tabular, and graphical formats; Cumulative Distribution Frequency (CDF) plots relating a quantitative water quality condition or value (e.g., chlorophyll -a . 11ug /I) with a percentage of area within a segment e.g., 82% of Boca Ciega Bay); Estimates of the percent of impaired waters within each open water segment; Comparisons of water quality in eastern segments versus western segments and lake comparisons; and Creek and stream loading estimates. Every other year: In addition to above, wet versus dry season comparisons. Every Five years: In addition to above, spatial and temporal trends are assessed. Page 1 19 EXHIBIT B - BIOLOGICAL MONITORING Pinellas County's biological monitoring program aims to support the impairment status of our waters. Multiple components are required to attain this goal for the lakes, creeks, and estuarine waters within our jurisdictional boundaries. 1. Estuarine Waters - Seagrass Monitoring Background and Intent: Pinellas County participates in a regional, multi - governmental seagrass monitoring program developed through the Tampa Bay Estuary Program (TBEP). The program is designed to characterize the general health and condition of seagrass meadows around the bay area and intracoastal waters. Monitoring Plan: Pinellas County monitors seagrass in Boca Ciega Bay, Clearwater Harbor, St Joseph Sound and Tampa Bay with a combination of transect monitoring and remote sensing programs. The intent of this program is to provide biological data support for Numeric Nutrient Criteria, impairment listings, and Total Maximum Daily Loads. Station Location and Frequency of Monitoring: Pinellas County monitors 11 fixed transect sites in Boca Ciega Bay and 2 fixed transect sites in Middle Tampa Bay in accordance with the Tampa Bay Estuary Program Interlocal Agreement. In Clearwater Harbor and St Joseph Sound, Pinellas County uses a stratified random transect monitoring design. The stratified random design includes over 60 sites every year. All of the transects are monitored during October and November of each year after the growing season ends. In addition to the transect monitoring program, Pinellas County participates through a cooperative agreement for aerial seagrass mapping program managed by the Southwest Florida Water Management District (SWFWMD). The aerial photointerpretation mapping provides acreage estimates for the seagrass resources around Pinellas County bi- annually. Quality Assurance Seagrass Transect Data are entered and checked for accuracy by Pinellas County staff. Analysis and resulting maps are reviewed for completeness before inclusion into the seagrass report. Aerial photographs are analyzed and checked for accuracy by SWFWMD and their consultant. The resultant acreages are reviewed by all stakeholders before the deliverable is finalized. Reporting Pinellas County produces a report every 5 years on the status and trends of seagrass coverage and health. Pinellas County also partners with SWFWMD to produce seagrass acreage on a biennial basis, using a combination of aerial photography, advanced image analysis and groundtruthing. These reports can be viewed on the Pinellas County website http: / /www.pinellascountv.org /environment /watershed /monitoring.htm Page I 20 Pinellas County Seagrass Sampling Sites Legend Random Sampling Site Fixed Sampling Site Municipality BELLEAIR BELLEAIR BEACH BELLEAIR BLUFFS BELLEAIR SHORE CLEARWATER DUNEDIN GULFPORT INDIAN ROCKS BEACH INDIAN SHORES KENNETH CITY LARGO MADEIRA BEACH N REDINGTON BEACH OLDSMAR PINELLAS PARK REDINGTON BEACH REDINGTON SHORES SAFETY HARBOR SEMINOLE SOUTH PASADENA • ST PETE BEACH ST PETERSBURG TARPON SPRINGS TREASURE ISLAND UNINCORPORATED Pinellas County ENVIRONMENT AND INFRASTRUCTURE Seagrase_CU012 mut Created by R Burnes PCOEI Created nn August 6 2013 W E S 6,100 3,050 0 6,100 Meters Figure 3 — Pinellas County Fixed and Random monitoring sites Page I21 2. Streams and Lakes — Biological Monitoring Background: In 2012, The Florida Department of Environmental Protection (FDEP) promulgated numeric nutrient water quality standards in Chapters 62 -302 (Water Quality Standards) and 62 -303 (Identification of Impaired Surface Waters) of the Florida Administrative Code (F.A.C.). Pursuant to these new regulations, an evaluation of water chemistry, biological data (flora and fauna), and physical information is used to determine if a water body's nutrient concentrations are protective of balanced flora and fauna. Intent of the program: Pinellas County plans to conduct biological monitoring of waterbodies to support the assessments conducted by FDEP in the determination of impairment. These data will also be combined with other available data for prioritization and planning of water quality studies aiming to determine and eliminate pollutant sources in impaired and TMDL - established waters. Collection of the biological health data will augment the County's ability to understand the overall health of its systems by providing an integrated measure of their environmental condition. Proposed biological monitoring plan: Pinellas County will retain either staff or a consultant to perform the biological monitoring according to FDEP standard operating procedures. Biological monitoring will be conducted following FDEP Standard Operating Procedures at each site using the appropriate method, i.e. Lake Vegetation Index, Stream Condition Index, Habitat Assessment, Rapid Periphyton Survey, Linear Vegetation Survey, or others as applicable. Proposed Station locations and Frequency of monitoring: Monitoring stations will be chosen at representative locations for each waterbody based on FDEP method requirements. Each station will be monitored at a minimum twice in a five year permit cycle Half of the stations will be monitored each year The fifth year will be used to go back to sites where additional data collection and analysis may be required Quality Assurance: All field activities associated with biological sampling and assessments are done in accordance to the applicable FDEP SOPs found in F.A.C. Chapter 62 -160. Field staff will be evaluated annually to ensure compliance with prescribed methods. Certification requirements for biological assessments will be maintained and updated as needed. Reporting: Pinellas County plans to report raw data results to FDEP and the co- permittees annually. Program Costs: The total cost for the biological monitoring program will be added to the current water quality monitoring fee and billed jointly. Currently, Pinellas County estimates the costs of the Biological Monitoring Program at about $200,000 per year. This number includes adding 2 Full Time Employees, Page 122 and the equipment needed to perform the work. These costs may vary based on program changes, e.g, needing to hire consultants. Pinellas County will make every effort to utilize the most cost effective and reliable mechanism for completing program requirements and will provide the municipalities with timely estimates for budgeting purposes. Page I 23 EXHIBIT C Acreage by Municipality Date 1_25_2013. Source: Pinellas County Strategic Planning Department. MUNI_NAME ACREAGE Estimated Estimated Projected Projected FY15 FY13 & FY14 costs with Bio costs Monitoring BELLEAIR 1,132.1237 0.81% 3,188.80 4,803.39 BELLEAIR BEACH 309.7714 0.22% 872.52 1,314.30 BELLEAIR BLUFFS 293.7182 0.21% 827.30 1,246.19 CLEARWATER 16,695.1394 11.90% 47,024.49 70,834.36 DUNEDIN 6,813.9375 4.86% 19,192.53 28,910.27 GULFPORT 1,772.6050 1.26% 4,992.82 7,520.83 INDIAN ROCKS BEACH 530.5143 0.38% 1,494.28 2,250.87 KENNETH CITY 494.8105 0.35% 1,393.71 2,099.39 LARGO 11,982.1911 8.54% 33,749.73 50,838.20 MADEIRA BEACH 572.3864 0.41% 1,612.22 2,428.53 N REDINGTON BEACH 156.3617 0.11% 440.42 663.41 OLDSMAR 5,898.3278 4.21% 16,613.57 25,025.51 PINELLAS PARK 10,406.9667 7.42% 29,312.86 44,154.82 REDINGTON BEACH 204.9017 0.15% 577.14 869.36 REDINGTON SHORES 205.1719 0.15% 577.90 870.51 SAFETY HARBOR 3,169.0903 2.26% 8,926.24 13,445.86 ST PETE BEACH 1,321.3031 0.94% 3,721.66 5,606.04 SEMINOLE 3,556.5166 2.54% 10,017.49 15,089.64 SOUTH PASADENA 383.6362 0.27% 1,080.57 1,627.70 TARPON SPRINGS 5,949.6667 4.24% 16,758.17 25,243.33 TREASURE ISLAND 939.2118 0.67% 2,645.44 3,984.90 UNINCORPORATED 67,448.7797 48.10% 189,980.13 286,172.60 TOTAL 140,237.1317 100.00% 405,000.00 605,000.00 Page 124 EXHIBIT D - DESCRIPTION OF COSTS 1. OPERATING SUPPLIES Operating expenses will include individual items and services exclusively related to the monitoring programs. This includes, but is not limited to, sample bottles, sample preservatives, acids for cleaning bottles and glassware, chemical standards and filtration supplies. With each invoice a detailed list of all items purchased for the monitoring programs will be provided along with labor and laboratory analysis costs. 2. ANNUAL PRICE INCREASES Based on program costs over previous years, the COUNTY anticipates that annual program cost may increase an average of 5% from year to year due to cost increases in salaries, supply costs, and laboratory charges. In any given year, due to circumstances beyond the COUNTY's control, some cost increases may exceed 5% (e.g. laboratory costs), and thus the overall program cost increase may exceed 5 %. The CO- PERMITTEES and COUNTY shall each pay for the total annual cost of the program for each year of this Agreement on a pro -rata basis in accordance with those estimate figures set forth in Exhibit C. Page I 25 EXHIBIT E — REFERENCES F.A.C. Chapter 62 -302 (Water Quality Standards) https: // www. flrules .org /eatewav /ChapterHome.asp ?Chapter =62 -302 F.A.C. Chapter 62 -303 (Identification of Impaired Surface Waters) https: // www. flrules .org /gatewav /chapterhome.asp ?chapter =62 -303 F.A.C. Chapter 62 -160 (Quality Assurance) https:// www. flrules .org /gateway /ChapterHome.asp ?Chapter =62 -160 Pinellas County watershed planning initiatives http: / /www. pi nellascou ntv.ore /environment /waters hed /watershed -pla n n i nQ. htm Pinellas County Comprehensive Plan http : / /www.pinellascountv.org/plan /comprehensive plan.htm Pinellas County Monitoring Programs http: / /www.pinellascountv.org/ environment /watershed /monitoring. htm Tampa Bay Estuary Program (TBEP) Comprehensive and Conservation Management Plan (CCMP) http: / /www.tbep.org/tbep /download charting the course.html Page 126 PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 COPERMITTEES FOR WATER QUALITY AND BIOLOGICAL MONITORING AGREEMENT PREPARED BY DEPARTMENT OF PUBLIC WORKS ENVIRONMENTAL MANAGEMENT DIVISION OCTOBER 2017 Page 1 of 8 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO-PERMITTEES FOR WATER QUALITY AND BIOLOGICAL MONITORING This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO-PERMITTEES FOR WATER QUALITY AND BIOLOGICAL MONITORING (this “First Amendment”), is made and entered into on this _____ day of ________________ 2017, between (1) Pinellas County, a political subdivision of the State of Florida (the “COUNTY”); and (2) certain co-permittees of the COUNTY’s National Pollutant Discharge Elimination System (“NPDES”) Municipal Separate Storm Sewer System (“MS4”) Permit FLS000005: Town of Belleair, City of Belleair Beach, City of Belleair Bluffs, City of Clearwater, City of Dunedin, Town of Kenneth City, City of Gulfport, City of Indian Rocks Beach, City of Largo, City of Madeira Beach, Town of North Redington Beach, City of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of Redington Shores, City of St. Pete Beach, City of Safety Harbor, City of Seminole, City of South Pasadena, City of Tarpon Springs, and City of Treasure Island (although separate parties hereto collectively the “CO- PERMITTEES”). WITNESSETH: WHEREAS, this First Amendment is made and entered between the COUNTY and the CO-PERMITTEES pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; WHEREAS, the COUNTY and the CO-PERMITTEES entered into an agreement Page 2 of 8 (the “Agreement”) dated December 10, 2013 providing for the operation and maintenance of a Water Quality Monitoring Program and Biological Monitoring Program using COUNTY staff and equipment, as set forth in detail in “Exhibit A – PINELLAS COUNTY AMBIENT WATER QUALITY MONITORING PROGRAM” of the Agreement; and WHEREAS, the COUNTY and the CO-PERMITTEES wish to extend the term of the Agreement and update information regarding proper notice in the Agreement. NOW THEREFORE, in consideration of the mutual covenants set forth herein, the COUNTY and the CO-PERMITTEES agree as follows: A. SECTION 5. NOTICES of the Agreement is replaced in its entirety with the following language: All written notices to the CO-PERMITTEES and the COUNTY under this Agreement shall be directed to the following addresses: Belleair Bluffs: Belleair: Ms. Debra S. Sullivan Mr. Ricky Allison City Clerk Public Services Manager City of Belleair Bluffs Town of Belleair 2747 Sunset Blvd. 901 Ponce De Leon Blvd. Belleair Bluffs, FL 33770 Belleair, FL 33756-1096 Clearwater: Belleair Beach: Ms. Sarah Kessler Mr. Lynn Rives Engineering Department City Manager City of Clearwater City of Belleair Beach P.O. Box 4748 444 Causeway Boulevard Clearwater, FL 33758-4748 Belleair Beach, FL 33786 Page 3 of 8 Gulfport: Dunedin: Mr. Don Sopak Ms. Whitney Marsh Public Works Director Stormwater Program Coordinator City of Gulfport City of Dunedin 2401 53rd St. South 1405 County Road 1 Gulfport, FL 33707 Dunedin, FL 34698 Kenneth City: Indian Rocks Beach: Mr. Matthew Campbell Mr. Dean Scharmen Town Manager Public Services Director Town of Kenneth City City of Indian Rocks Beach 6000 54th Ave. N. 1507 Bay Palm Blvd. Kenneth City, FL 33709-1800 Indian Rocks Beach, FL 33785-2899 Madeira Beach: Largo: Mr. Derryl O.Neal City Manager City Engineer City of Madeira Beach City of Largo 300 Municipal Drive P.O. Box 296 Madeira Beach, FL 33708-1996 Largo, FL 33779-0296 Oldsmar: North Redington Beach: Ms. Janice C. Bennett Ms. Mari Campbell Public Works Director Town Clerk City of Oldsmar Town of N. Redington Beach 100 State Street West 190 173rd Avenue Oldsmar, FL 34677-3756 North Redington Beach, FL 33708-1397 Redington Beach: Pinellas Park: Ms. Missy Clarke Mr. Daniel Hubbard Town Clerk Transportation & Stormwater Div. Director Town of Redington Beach City of Pinellas Park 105 164th Ave. 6051 78th Ave. N. Redington Beach, FL 33708-1519 Pinellas Park, FL 33781 Page 4 of 8 Safety Harbor: Redington Shores: Mr. Matthew Spoor Ms. Tracey Cain City Manager Deputy Town Clerk City of Safety Harbor Town of Redington Shores 750 Main St. 17425 Gulf Blvd. Safety Harbor, FL 34695 Redington Shores, FL 33708-1299 Seminole: South Pasadena: Mr. Jeremy Hockenbury Mr. Gary Anderson Public Works Director Public Works Director City of Seminole City of South Pasadena 9199 113th Street North 7047 Sunset Dr. S. Seminole, FL 33772 South Pasadena, FL 33707-2895 St. Pete Beach: Tarpon Springs: Mr. Anthony Mannello Public Works Director Streets and Stormwater Supervisor City of St. Pete Beach City of Tarpon Springs 155 Corey Avenue 325 E. Pine Street St. Pete Beach, FL 33706-1839 Tarpon Springs, FL 34689 Treasure Island: Pinellas County: Mr. James Newton Ms. Kelli Hammer Levy Water Pollution Control Supervisor Pinellas County City of Treasure Island Division of Environmental Management 120 108th Ave. 22211 US 19 N. Bldg. 10 Treasure Island, FL 33706 Clearwater, FL 33756 B. SECTION 9. AGREEMENT TERM of the Agreement is replaced in its entirety with the following language: This Agreement shall take effect as provided in Section 12 and shall remain in effect until December 31st, 2020, unless renewed in writing by mutual agreement of all parties hereto for an additional length of time. Page 5 of 8 C. Except as modified, amended or changed in this First Amendment, all of the terms and conditions of the Agreement shall remain in full force and effect. D. As required by Section 163.01(11), Florida Statutes, this First Amendment shall be filed with the Clerk of Circuit Court of Pinellas County, Florida after this First Amendment has been fully executed by all parties hereto, and shall take effect upon the date of filing. Page 6 of 8 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed on the day and year first above written. PINELLAS COUNTY, by and through its County Administrator By: _______________________ Mark S. Woodard County Administrator Legal Review: APPROVED AS TO FORM: By: ________________________ Office of County Attorney Page 7 of 8 Brendan Mackesey CITY OF ___________________________ By: ______ Print Name: Title: _______________________________ WITNESSS: ____________________________________ Print Name: __________________________ Page 8 of 8 THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO-PERMITTEES FOR JOINT CONTROL OF POLLUTANTS WITHIN PINELLAS COUNTY CITY OF CLEARWATER, FLORIDA, A municipal corporation and political subdivision of the State of Florida George N. Cretekos William B. Horne II Mayor City Manager Approved as to form:Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4090 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the First Amendment to the 2016 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes, adopt Resolution 17-38 and authorize the appropriate officials to execute same. SUMMARY: The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled "Disposition of municipal property for affordable housing." The state statute includes that the governing body of each municipality must review the proposed affordable housing inventory list at a public hearing, and may revise the list at the conclusion of the hearing. Following the public hearing, the local governing body must adopt a resolution that includes an inventory list of such property deemed appropriate for affordable housing development. On June 16, 2016, the City Council adopted Resolution 16-14, the 2016 Affordable Housing Inventory to identify seven City-owned parcels of land appropriate for use as affordable housing. The City has identified two additional parcels of land making it a total of nine parcels to which it has title as appropriate for use as affordable housing. The two additional properties are located at 1415 Taft Avenue, acquired by the City in 2001 and 404 Blanche B. Littlejohn Trail acquired in 2015. Both properties were acquired at no cost to the City. APPROPRIATION CODE AND AMOUNT: NA USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 12/1/2017 Resolution No. 17-38 RESOLUTION 17-38 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ITS DETERMINATION OF PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that by July 1, 2007, and every three years thereafter, each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and WHEREAS, on June 16, 2016, the City of Clearwater City Council approved Resolution 16-14 approving the inventory list of real property within its jurisdiction to which the city holds fee simple title that is appropriate for use as affordable housing; and WHEREAS, the City of Clearwater Economic Development & Housing Department has identified two additional parcels of real property within its jurisdiction to which the municipality holds fee simple title that are appropriate for use as affordable housing; and WHEREAS, the City Council now desires to formally amend the 2016 Affordable Housing Inventory list of real property deemed appropriate for use as affordable housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Resolution No. 17-38 Section 1.That the following nine (9) parcels of vacant land as more particularly described in EXHIBIT “A”, attached hereto and incorporated herein, are hereby determined to be appropriate for use as affordable housing as defined in Section 166.0451 and 420.0004, Florida Statutes. Section 2. That the City holds fee simple title in and to all of said parcels. Section 3. That the inventory listing of the herein described parcels of land shall be titled the “2016 Affordable Housing Inventory List as Amended.” Section 4.That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 5.That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _____ day of _________________, 2017. _________________________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ______________________________ Laura Lipowski Mahony Rosemarie Call, City Clerk Assistant City Attorney Resolution No. 17-38 EXHIBIT “A” 2016 AFFORDABLE HOUSING INVENTORY LIST AS AMENDED 918 PALMETTO ST. PENNSYLVANIA SUB., LOT 5 VACANT 1454 S. MLK, JR. AVE. COMMENCE AT THE NW CORNER OF VACANT S. MLK, JR. AVE. AND WOODLAWN ST. THEN RUN N 320 FT TO THE POINT OF BEGINNING; THEN W 260.4 FEET; THEN N 225.00 FEET; THEN E 260.4 FEET; THEN S 225.00 FEET TO THE POINT OF BEGINNING. 1011 LA SALLE ST. GREENWOOD MANOR, LOT 7 AND VACANT SOUTH ½ OF LOT 6 1317 N. MLK, JR. AVE. GREENWOOD PARK SUB., BLOCK C, VACANT LOTS 17, 18 AND 19 1002 LA SALLE ST. PALM PARK SUB., BLOCK D, LOT 15 VACANT 1408 MONROE AVE. LINCOLN PLACE SUB., BLOCK 4, LOT 4 VACANT 1112 PALM BLUFF ST. GREENWOOD PARK NO. 2 SUB., BLOCK F, VACANT LOT 39 404 BLANCH B. LITTLEJOHN TRAIL HART’S ADDITION TO CLEARWATER VACANT BLOCK 2, LOT 8 1415 TAFT AVE. LINCOLN PLACE, BLOCK 1, LOT 16 VACANT MARSHALL ST N MYRTLE AVE FAIRMONT ST FULTON AVE H A R B O R D R ENGMAN ST N MARTIN LUTHER KING, JR. AVE LA SALLE ST APACHE TRL TANGERINE ST CARLTON ST PENNSYLVANIA AVE GRANT ST ROOSEVELT AVE MOHAWK ST N WASHINGTON AVE OSAGE ST BECKETT ST MINNESOTA DR N MADISON AVE BLANCHE B LITTLEJOHN TRL MONROE AVE ENGMAN ST CARLTON ST GRANT ST LA SALLE ST BECKETT ST N MADISON AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PARCELLOCATION CRM CL N.T.S.269 A 10-29-1511-17-2017Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: ADDITION TO THEAFFORDABLE HOUSING INVENTORY LISTPARCEL #10-29-15-51948-001-0160 Document Path: V:\GIS\Engineering\Location Maps\Chuc kLan eAffordab leHousingAdd1.mxd STEVENSON CREEK VINE AVE DREW ST JONES ST N MYRTLE AVE SEMINOLE ST N GARDEN AVE ELDRIDGE ST N OSCEOLA AVE N FORT HARRISON AVE SPRUCE AVE BLANCHE B LITTLEJOHN TRL HART ST NICHOLSON ST MAPLE ST FERN AVE ALDEN AVE GEORGIA ST MARGO AVE HART ST N OSCEOLA AVE NICHOLSON ST MAPLE ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PARCELLOCATION CRM CL N.T.S.277 B 09-29-1511-17-2017Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: ADDITION TO THEAFFORDABLE HOUSING INVENTORY LISTPARCEL # 09-29-15-37422-002-0080 Document Path: V:\GIS\Engineering\Location Maps\Chuc kLan eAffordab leHousingAdd2.mxd CLEARWATERHARBOR Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4092 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year 2016-2017 Consolidated Annual Performance and Evaluation Report (CAPER). SUMMARY: The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City’s expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year (FY) 2016-2017, the City’s entitlement allocation was $667,634 in CDBG and $285,238 in HOME Program funds, $954,041 of Prior Year funds and $1,147,951 of Program Income for a total budget of $3,054,864 from federal funds. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. In addition to reporting activities carried out with federal money, a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program and Pinellas County Housing Trust Fund Program is also included in the narrative section; however, these numbers are not included in the totals below. Through the CDBG and HOME program activities, total expenditures were $1,629,332 in FY 2016-2017, which included program income and funding from the prior year reprogrammed funds. Those funds not expended from this year’s budget will be programmed in future years. The City of Clearwater’s FY 2016-2017 CAPER contains information on the City’s assessment of the following activities: -Assessment of Four Year Goals and Outcomes -Resources and Investments -Affordable Housing -Homeless and Other Special Needs -Public Housing -Other Actions to Address Barriers to Affordable Housing -Monitoring -CDBG Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4092 -HOME Over 2,200 persons were assisted through Community Development and Public Services, Homelessness, Housing, Non-Homeless Special Needs, and Economic Development activities during FY16-17. A brief summary of FY 2016-2017 accomplishments are: -Provided thirteen down payment and closing cost assistance loans totaling $137,959. -Provided the Arc of Tampa Bay $99,500 for the rehabilitation and upgrading of their rehabilitation room and upgrading of doors at the Long Center. -Provided $29,950 for the rehabilitation of two owner occupied homes. -Provided $265,875 of funding toward the construction of Garden Trail Apartments. -Provided Community Services Foundation $105,721 for the rehabilitation of Fulton Avenue Apartments. -Provided $296,568 to Habitat for Humanity of Pinellas County for the construction of six single-family homes. -Provided $268,587 for the acquisition and rehabilitation of two single family homes. The City’s Neighborhood and Affordable Housing Advisory Board recommended City Council approval of the FY 2016-2017 CAPER at their meeting on November 28, 2017. The CAPER is due to HUD no later than December 30, 2017. APPROPRIATION CODE AND AMOUNT: NA USE OF RESERVE FUNDS: NA Page 2 City of Clearwater Printed on 12/1/2017 ECONOMIC DEVELOPMENT & HOUSING December 7, 2017 FY 2016-2017 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) Entitlement CDBG HOME $ 667,634 $ 285,238 Prior Year Funds $ 954,041 Program Income $1,147,951 Total $3,054,864 FY16-17 Expenditures -$1,629,332 Balance $1,425,532 RESOURCES/EXPENDITURES OTHER PROGRAM EXPENDITURES Program Expenditure State Housing Initiatives Program (SHIP)$583,025 Pinellas County Housing Trust $264,222 Total $847,247 Federal, State and Local Funds leveraged $2,322,164 PARTNERS – PUBLIC SERVICES PARTNERS – HOUSING HOUSEHOLDS/PERSONS ASSISTED Goal Households/Persons Community Development & Public Services 528 Persons Homelessness 1,451 Persons Housing 163 Persons 27 Households Non-Homeless Special Needs 38 Persons Economic Development 0 Businesses Total 2,180 Persons/27 Households GEOGRAPHIC DISTRIBUTION TARGET AREA % OF EXPENDITURES Citywide - Low/Moderate Areas 59.3% East Gateway District NRSA 0.0% Lake Bellevue NRSA 7.7% North Greenwood NRSA 33.0% For a Detailed Listing of Programs, Activities and Actions undertaken See Pages 16-36 of the CAPER myclearwater.com/housing ECONOMIC DEVELOPMENT & HOUSING December 7, 2017 FY 2016-2017 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 4093 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Accept the 2017 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). SUMMARY: Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to appoint an eleven member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City’s existing Neighborhood and Affordable Housing Advisory Board (NAHAB). The City Council adopted Resolution 17-34 that created and appointed the AHAC. The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC reviewed and made recommendations on the following: (a)The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. (b)The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c)The allowance of flexibility in densities for affordable housing. (d)The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons. (e)The allowance of affordable accessory residential units in residential zoning districts. (f)The reduction of parking and setback requirements for affordable housing. (g)The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h)The modification of street requirements for affordable housing. (i)The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j)The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k)The support of development near transportation hubs and major employment centers Page 1 City of Clearwater Printed on 12/1/2017 File Number: 4093 and mixed-use developments. In August 2017, the Economic Development and Housing Department contracted with Wade Trim, Inc. to help facilitate the process. Wade Trim coordinated the preparation of the Local Housing Incentive Strategy report in cooperation with the City’s staff and the AHAC. The LHIS encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development and preservation of affordable housing in the City of Clearwater. The AHAC convened on three separate occasions in order to develop and identify the value of affordable housing, identify the principles for Clearwater’s affordable housing and develop a vision statement to be included as part of the LHIS. The report highlights an affordable housing vision statement that was derived from input by committee members. Additionally, the AHAC members focused on the values that affordable housing brings to the City of Clearwater. The themes identified centered on the values that affordable housing supports a dynamic and competitive economy, improves the social well being that builds a sense of community, and ensures that the City’s workforce can live within the city limits. Furthermore, the AHAC also discussed and confirmed the principles that the provisions of affordable housing in the City of Clearwater should embrace: affordability over the long term, diversity that provides for a mix of income levels, sustainability, accessibility for persons with physical barriers, well-designed, in character with the surrounding neighborhood, strategically-located, and pedestrian-oriented with access to mass transit and open space. In summary, the report recommends the City continues in large part the strategies, with minor changes and clarifications, from the 2014 LHIS Report. One new recommendation was added for Council consideration: (1)Recommendation 10.4 - The Economic Development and Housing Department should coordinate with the Planning and Development Department to identify properties having repeat code violations that may be suitable for rehabilitation, acquisition or demolition for affordable housing. (2)The LHIS report is due every three years on December 31st of the year preceding the submission of the Local Housing Assistance Plan (LHAP). The report must be submitted to the City Council by December 31, 2017. The City Council is being asked to review the LHIS recommendations that were approved by the AHAC on November 28, 2017. By March 31, 2018, the City Council will be asked to adopt an amendment to the LHAP to incorporate the strategies it will implement for the City. The amendment must include, at a minimum, the State required incentive strategies specified above. Upon acceptance, the City of Clearwater is required to notify the State of its adoption of an amendment to its LHAP to incorporate the incentive strategies. The notice must also include a copy of the approved amended plan in order to comply with the SHIP programs participation guidelines. Page 2 City of Clearwater Printed on 12/1/2017 2017 Prepared by: Affordable Housing Advisory Committee Economic Development & Housing Department 11/28/2017 Local Housing Incentive Strategies Update Affordable Housing Advisory Committee Report to City Council SHIP Affordable Housing Incentive Strategies November 28, 2017 PREPARED BY: Affordable Housing Advisory Committee/ City of Clearwater Economic Development & Housing Department with Assistance from Wade Trim, Inc. SUMBITTED TO: Florida Housing Finance Corporation City of Clearwater Local Housing Incentive Strategies | 2 Economic Development & Housing Department Table of Contents I.BACKGROUND ....................................................................................................................................... 3 1.1 The City of Clearwater .........................................................................................................3 1.2 The Affordable Housing Advisory Committee .......................................................................3 1.2.1 Committee Composition ....................................................................................................... 4 1.3 Process to Develop the Local Housing Incentive Strategies ...................................................5 II.LOCAL HOUSING INCENTIVE STRATEGIES ............................................................................................ 7 2.1 Affordable Housing Incentives .............................................................................................7 2.1.1 Expedited Review Process..................................................................................................... 8 2.1.2 Modification of Fees ........................................................................................................... 10 2.1.3 Flexible Densities ................................................................................................................ 11 2.1.4 Infrastructure Capacity ....................................................................................................... 13 2.1.5 Accessory Dwelling Units .................................................................................................... 14 2.1.6 Parking Reductions.............................................................................................................. 16 2.1.7 Flexible Lot Configurations.................................................................................................. 18 2.1.8 Modification of Street Requirements ................................................................................. 19 2.1.9 Pre-Adoption Policy Consideration ..................................................................................... 20 2.1.10 Inventory of Public Lands .................................................................................................... 21 2.1.11 Proximity to Transportation, Employment & Mixed-Use Development ............................ 23 2.2 Additional Incentives ......................................................................................................... 24 2.2.1 Adaptive Reuse ................................................................................................................... 24 2.2.2 Land Development Code ..................................................................................................... 25 2.2.3 Communication and Marketing of Affordable Housing ...................................................... 27 2.2.4 Financing ............................................................................................................................. 28 2.2.5 Partnerships ........................................................................................................................ 28 APPENDIX A: City of Clearwater Resolutions APPENDIX B: Affordable Housing in Clearwater APPENDIX C: Values, Principles and Vision APPENDIX D: Advisory Committee Meeting Summaries APPENDIX E: Summary of AHAC Recommendations City of Clearwater Local Housing Incentive Strategies | 3 Economic Development & Housing Department I.BACKGROUND 1.1 The City of Clearwater The City of Clearwater is approximately 26 square miles in size and is located in Pinellas County on the west coast of Florida along the Gulf of Mexico and Tampa Bay. Clearwater is the county seat of Pinellas County and shares boundaries with the municipalities of Largo, Dunedin, Safety Harbor, Belleair Beach and the Town of Belleair. Along with the cities of St. Petersburg and Tampa, Clearwater is one of the most urbanized areas within the Tampa Bay Region. According to the most recent decennial U.S. Census, the City of Clearwater had a population of 107,685 in 2010. Estimates from the University of Florida Bureau of Economic and Business Research (BEBR) for 2017 indicate that the City’s current population is approximately 113,723. Based on a share (12%) of Pinellas County’s projected population, the City may have a population of 121,537 by 2040. 1.2 The Affordable Housing Advisory Committee As a recipient of State Housing Initiatives Partnership (SHIP) funds the City established an Affordable Housing Advisory Committee in October 2017 as required by Florida Statute Section 420.9076. Statute 420.9076, effective on July 1, 2008, requires all municipalities receiving SHIP funds to: a)Establish an Affordable Housing Advisory Committee (AHAC); b)Prepare Local Housing Incentive Strategies (LHIS) to facilitate the provision of affordable/workforce housing; and c)Amend the Local Housing Assistance Plan (LHAP) to include the recommendations of the LHIS. The AHAC is responsible for reviewing ordinances, land development regulations, Comprehensive Plan policies, and other aspects of the City’s policies and procedures that affect the cost of housing. In addition, the AHAC is responsible for making recommendations to encourage affordable housing. The AHAC is required to submit a LHIS report every three years. The report includes recommendations by the committee as well as comments on the implementation of incentives for at least the following eleven (11) distinct areas: •The processing of development orders or permits, as defined in Section 163.3164(15) and (16), for affordable housing projects is expedited to a greater degree than other projects. •The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. •The allowance of flexibility in densities for affordable housing. •The reservation of infrastructure capacity for housing for very low-income persons, low-income persons, and moderate-income persons. •The allowance of affordable accessory residential units in residential zoning districts. •The reduction of parking and setback requirements for affordable housing. •The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. City of Clearwater Local Housing Incentive Strategies | 4 Economic Development & Housing Department •The modification of street requirements for affordable housing. •The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. •The preparation of a printed inventory of locally owned public lands suitable for affordable housing. •The support of development near transportation hubs and major employment centers and mixed-use developments. 1.2.1 Committee Composition The City of Clearwater’s first eleven-member AHAC was established on June 19, 2008, representing those actively engaged in the provision of affordable housing. The composition of the first AHAC is outlined in Resolution #08-15 (see Appendix A). This first AHAC prepared the City’s original LHIS, which was approved in December 2008. Although the LHIS must be reviewed by the AHAC triennially according to Florida Statute, the City was not required to review the LHIS in 2011 because it did not meet the SHIP funding threshold at that time. In 2014, however, the SHIP funding threshold for LHIS review was met. On August 18, 2014, the City of Clearwater formed a second eleven-member AHAC, which reviewed and updated the LHIS in December 2014. The composition of the second AHAC is outlined in Resolution #14-26 (see Appendix A). The City of Clearwater formed a third eleven-member AHAC on October 5, 2017, to review and update the LHIS by December 2017. Although the Florida Statute no longer requires a resolution of City Council to appoint the AHAC, the third AHAC was appointed by City Council action as Resolution #17-34 (see Appendix A). Section 420.9076 of the Florida Statutes lists the categories from which committee members must be selected. There must be at least eight (8) but not more than 11 committee members with representation from at least six (6) of the following categories: •Citizen actively engaged in the residential home building industry in connection with affordable housing. •Citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing. •Citizen representative of those areas of labor actively engaged in home building in connection with affordable housing. •Citizen actively engaged as an advocate for low-income persons in connection with affordable housing. •Citizen actively engaged as a for-profit provider of affordable housing. •Citizen actively engaged as a not-for-profit provider of affordable housing. •Citizen actively engaged as a real estate professional in connection with affordable housing. •Citizen actively serving on the local planning agency pursuant to Section 163.3174. •Citizen residing within the jurisdiction of the local governing body marking the appointments. City of Clearwater Local Housing Incentive Strategies | 5 Economic Development & Housing Department • Citizen who represents employers within the jurisdictions. • Citizen who represents essential services personnel, as defined in the Local Housing Assistance Plan (LHAP). The appointed 2017 AHAC members are included in Table 1, along with their category affiliation. Table 1: Committee Composition Name Category Represented Date Appointed 1. Michael Potts Residential Home Building Industry October 5, 2017 2. Linda Kemp Banking & Mortgage Industry October 5, 2017 3. Gaby Camacho Labor Engaged in Affordable Housing October 5, 2017 4. Lisa Hughes Advocate for Low-Income Persons October 5, 2017 5. Peter Leach For-Profit Provider October 5, 2017 6. Kevin Chinault Non-Profit Provider October 5, 2017 7. Peggy Cutkomp Real Estate Professional October 5, 2017 8. Michael Boutzoukas Local Planning Agency October 5, 2017 9. Carmen Santiago Citizen October 5, 2017 10. Haley Crum Blanton Citizen Who Represents Employers October 5, 2017 11. Jacqueline Rivera Essential Services October 5, 2017 1.3 Process to Develop the Local Housing Incentive Strategies The City’s Economic Development & Housing Department retained a consultant, Wade Trim, Inc., to facilitate the process to update the Local Housing Incentive Strategy (LHIS) to fulfill the requirements of Florida Statute 420.9076. To update the LHIS, staff and AHAC members actively participated in the following activities: • Review of requirements of Florida Statute 420.9076 • Discussion regarding main issues/barriers affecting the production of affordable housing (see Appendix B) • Discussion with for-profit and non-profit developers to identify main barriers to the provision of affordable housing (see Appendix B) • Evaluation with staff and AHAC of the current regulations (comprehensive plan, code, and ordinances) that provide developer incentives for the provision of affordable housing • Update the LHIS report City of Clearwater Local Housing Incentive Strategies | 6 Economic Development & Housing Department Chart 1 outlines the schedule established by the Florida Statute to prepare the LHIS: Chart 1: Schedule to Meet Requirements Source: Originally based on Florida Housing Coalition, Webinar, SHIP Incentive Strategies and the AHAC, 2017, updated to reflect City of Clearwater events and dates. City of Clearwater Local Housing Incentive Strategies | 7 Economic Development & Housing Department II.LOCAL HOUSING INCENTIVE STRATEGIES The City of Clearwater’s third eleven-member AHAC was formed in October 2017 to review and update the values, principles, vision, and recommendations for the Local Housing Incentive Strategies (LHIS). The resulting values, principles and vision are found in Appendix C and the resulting recommendations are found in Section 2.1 and 2.2 below. 2.1 Affordable Housing Incentives The following provides synopses of the City’s current affordable housing practices, including policies,1 procedures, ordinances, and regulations. The following also outlines the AHAC’s evaluation of the recommendations to incentivize affordable housing that were previously approved in 2014. As part of the evaluation, the AHAC continued, modified, or removed some recommendations and added new recommendations as relevant. Recommendations for incentives are organized by the strategic incentives cited in the Florida statute respective to the SHIP program funding. Florida Statute Section 420.9076 cites 11 areas of affordable housing incentives for examination by the AHAC. The AHAC evaluated the City’s implementation of various incentives in these 11 areas and recommended other areas not cited in the statute. This evaluation of recommendations occurred during meetings with the AHAC and City staff from September through December 2017. The following provides the schedule of these meetings: 09/15/2017 10/10/2017 11/03/2017 11/28/2017 12/07/2017 Meeting with staff of the Economic Development & Housing Department, Planning & Development Department and Wade Trim, Inc. Meeting with the AHAC, staff of the Economic Development & Housing Department and Wade Trim, Inc. Meeting with the AHAC, staff of the Economic Development & Housing Department and Wade Trim, Inc. Public Hearing with the AHAC, Neighborhood and Housing Advisory Board, staff of the Economic Development & Housing Department, and interested members of the public City Council meeting to accept the updated LHIS report Summaries of the AHAC meetings held on October 10, 2017, and on November 3, 2017, can be found in Appendix D. The LHIS report is a result of the meetings held with the AHAC and the input of City staff to determine the feasibility of the AHAC recommendations. On November 28, 2017, the AHAC will review the LHIS report and finalize its recommendations regarding affordable housing incentives. The final recommendations are captured in Appendix E. If approved by City Council on December 7, 2017, the recommendations will be used to amend the Local Housing Assistance Plan (LHAP) and the City’s Comprehensive Plan. 1 All references made to the City’s “Comprehensive Plan” are drawn from the official document as adopted by City Council inclusive of any amendments as of October 1, 2017. City of Clearwater Local Housing Incentive Strategies | 8 Economic Development & Housing Department 2.1.1 Expedited Review Process Strategic Incentive No. 1 (Florida Statute) The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. Meeting Synopsis: Overall, committee members were satisfied with the City’s permitting process. On October 10, 2017, the AHAC identified no specific issues with permitting, but inquired about whether there was an expedited permitting process for affordable housing. City staff and the City’s Consultant explained the City’s existing expedited permitting form titled, “Request for Expedited Permit Processing for Affordable Housing Activity”. Few AHAC members were aware of the form and therefore suggested that the City better advertise this form to potential affordable housing developers. Staff comments on existing Recommendation 1.2 of the 2014 LHIS report were presented to the committee on November 3, 2017. These comments are to better align the recommendation with the City’s current practices, including use of the City’s new online ePermit system. These comments also eliminate redundant sub-bullets. The committee discussed the modified language as proposed and suggested adding the word “definitive” prior to the phrase “project requirement checklist” in the fifth sub-bullet. With this change, the committee supported the inclusion of the modified language for Recommendation 1.2 in the 2017 LHIS report. Existing Strategy: The City of Clearwater Economic Development & Housing Department continues to provide a form titled, “Request for Expedited Permit Processing for Affordable Housing Activity” that, when completed and submitted by the developer, expedites permitting for affordable housing projects. This form does not expedite the review process for site plans, land use plan amendments, rezoning, or annexations, as these submittals are subject to board-dependent meeting schedules (e.g. Development Review Committee, Community Development Board, City Council). The Economic Development & Housing Department and Planning & Development Department support customer service for potential affordable housing projects by providing information and responding to developer inquiries by end-of-business on the same day. The Planning & Development Department utilizes technology to enhance administrative efficiencies. Permitting is facilitated by a one-stop “ePermit” portal that supports electronic plan submittal, review, and inspections. Paper plans are still accepted if preferred by the applicant; however, the submittal media must remain constant once started. Information, forms, and checklists are available online and at the counter for all types of projects (not necessarily affordable housing). Target dates and permit status are posted via the ePermit system and review time has been generally reduced to 14 days. City of Clearwater Local Housing Incentive Strategies | 9 Economic Development & Housing Department Currently, and depending on the type of project, the Economic Development & Housing Department Assistant Director or Housing Manager and the Development Services Center Manager act as liaisons between the developer and the City. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with no change: 1.1 Continue to use the “Request for Expedited Permit Processing for Affordable Housing Activity” form to fast-track affordable housing projects. 1.3 Continue to improve customer service toward potential project applicants by: • Maintaining a positive attitude • Offering a quick response time via email or phone calls • Making available project requirements and forms • Utilizing new technology to enhance administrative efficiencies 1.4 Publish a brochure or other informational handout for developers that explains the City's development approval and permitting process, including but not limited to: • Relationship between City and County policies and the regulation of land use, density and intensity • City-sponsored incentives for affordable housing such as the "Request for Expedited Permit Processing for Affordable Housing Activity" form and Affordable Housing Density Bonus Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with minor changes as shown in strikethrough/underline: 1.2 The Housing Manager and Development Service Center Manager should continue to be the primary and secondary points of contact when submitting affordable housing projects. Through close coordination, these two staff positions should: • Create and oversee an affordable housing “One Stop Streamline Permitting Process.” • Act as a liaison between the developer and all departments involved in the review and permitting process. • Organize and participate in the pre-application meetings. • Provide necessary information and forms to the developer to avoid delays during the application and review process. • Create a process and definitive project requirement checklist for each type of affordable housing projects for each level of review and stage of permitting (i.e., site and building review). City of Clearwater Local Housing Incentive Strategies | 10 Economic Development & Housing Department • Create a definitive but feasible review timeline for affordable housing projects considering variables such as the type, size and impact in the community depending on the level of review and stage of permitting. • Release to the applicant and all City departments involved at once, written statements for additional requirements and project determinations. • Determine a definitive time period for completion of reviews. • Track the review process through specific forms and communications the City’s online ePermit system. • Report to the developer the status of the application. Implementation: Recommendations 1.1, 1.2, and 1.3 are already implemented by City staff and will be continued. City staff of the Planning & Development Department will develop the brochure or handout referenced in Recommendation 1.4. 2.1.2 Modification of Fees Strategic Incentive No. 2 (Florida Statute) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. Meeting Synopsis: Staff comments on existing Recommendation 2.1 of the 2014 LHIS report were presented to the committee on November 3, 2017. These comments are to update existing Recommendation 2.1 to better reflect the current Pinellas County multi-modal impact fee process, which provides an opportunity for reduced rates if supporting data or studies demonstrate reduced trips for the project. The committee raised no concerns with the modified language as proposed and supported its inclusion in the 2017 LHIS report. Existing Strategy: While impact fees do increase the costs of affordable housing; it is also true that affordable housing creates the same demand for public infrastructure as other types of development. Therefore, the City of Clearwater charges specific fees to conduct development reviews and issue permits for affordable housing projects. The current City of Clearwater fee structure is adopted as Appendix A (Schedule of Fees, Rates and Charges) of the Community Development Code. City of Clearwater impact fees are assessed per unit and, depending on market conditions, could potentially deter the development of affordable housing. City of Clearwater Local Housing Incentive Strategies | 11 Economic Development & Housing Department The City of Clearwater does not have any ordinances or specific regulations in place to reduce, refund or redefine impacts fees and other development review and permitting fees for affordable housing projects. Although the original 2008 LHIS report recommended a study to examine the feasibility of reducing, refunding or redefining fees for affordable housing projects, that study was not funded in subsequent years and the recommendation was not continued by the 2014 AHAC. In Florida, if impact fees are waived for affordable housing projects, the impact fee can only be deferred, or a local government may pay the impact fee through its general fund or other sources consistent with the Florida Impact Fee Act, F.S. 163.31801. For example, in Lee County, waived impact fees are paid by an interest-bearing impact fee collection account. In 2014, Pinellas County was in the process of restructuring its transportation impact fees to fund not only standard road widening but also multi-modal improvements such as mass transit, bicycle or pedestrian features. Such alternative modes of transportation are beneficial to persons without reliable access to an automobile and complement the provision of affordable housing. Consequently, the 2014 AHAC recommended coordination with Pinellas County in the implementation of a multi-modal impact fee. Pinellas County currently collects multi-modal impact fees at $2,066 for single-family and $1,420 for multi-family units. These multi-modal impact fees are reduced for development within designated downtown areas (e.g. Downtown Clearwater) to $1,529 for single-family and $972 for multi-family. Alternatively, applicants can submit independent analysis to support further reduction of impact fees based on trip generation or economic studies. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with minor changes as shown in strikethrough/underline: 2.1 Coordinate with Pinellas County, as feasible, to determine how the new multi-modal impact fee may regarding data-based rate flexibility within the multi-modal impact fee to support the provision of affordable housing. Implementation: Recommendation 2.1 will require ongoing coordination with Pinellas County and will be implemented by City staff of the Planning & Development Department. 2.1.3 Flexible Densities Strategic Incentive No. 3 (Florida Statute) The allowance of flexibility in densities for affordable housing. City of Clearwater Local Housing Incentive Strategies | 12 Economic Development & Housing Department Meeting Synopsis: No specific issues with the City’s current practices regarding flexible densities were identified during meetings with the AHAC and City staff. The current practices remain acceptable. Existing Strategy: The City of Clearwater supports flexibility in densities for affordable housing through its Comprehensive Plan policies and through its Community Development Code. Comprehensive Plan policies in support of flexible densities are located in the Future Land Use Element (FLUE) and Housing Element as follows: Policy A.2.2.12 – The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code. (FLUE) Policy C.1.9.1 – The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be establish ed by ordinance in the Community Development Code. (Housing Element) Consistent with the Comprehensive Plan and 2014 AHAC recommendations, the Community Development Code contains affordable housing incentives under Section 3-920 that include a density bonus. Within Section 3-920, there is a requirement for a pre-application meeting to determine a project’s eligibility for the density bonus. Subsection “A. Affordable Housing Density Dwelling Units” contains specific criteria and simplified formulas for calculating the additional density available to affordable housing projects. The Community Development Code outlines the procedures for review and approval, percentages of affordable units, standards such as compatibility and green design, and required covenants to maintain affordability. In addition to the Density Bonus, the Community Development Code establishes flexibility criteria for specific uses requiring additional development review. Such uses fall into two categories: Flexible Standard Development and Flexible Development. Flexible Standard Development – Requires Level One approval, which involves review by City staff only, including the Development Review Coordinator and Development Review Committee. Flexible Development – Requires Level Two approval, which involves review by the Community Development Board. Some applications may warrant additional review, in which case Level Three approval is required. Level Three approval involves greater complexity and requires action by the City Council. In some cases, affordable housing projects also fall under the flexible development criteria for the specific zoning district in which the project is located, which require Level Two approval. For City of Clearwater Local Housing Incentive Strategies | 13 Economic Development & Housing Department example, Section 2-704 defines flexibility criteria for the Commercial zoning district, which includes Flexibility Criteria F.5.d, “…the proposed use provides for the provision of affordable housing.” Additionally, the City of Clearwater maintains a “Public Amenities Incentive Pool” and application process whereby applicants can request additional density for projects located in Character Districts designated by the Downtown Redevelopment Plan that also provide for public amenities. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with no change: 3.1 Continue to provide allowance of density flexibility for affordable housing developments. 3.2 Maintain specific parameters to grant density flexibility for affordable housing projects as allowed in the Community Development Code within the different zoning districts. 3.3 Continue to define the density allowance for an affordable housing project as part of a pre-application meeting prior to formal submission of the civil/site engineering requirements. Implementation: Recommendations 3.1, 3.2, and 3.3 are already implemented by the Comprehensive Plan or Community Development Code and will be continued. 2.1.4 Infrastructure Capacity Strategic Incentive No. 4 (Florida Statute) The reservation of infrastructure capacity for housing for very-low-income persons, low- income persons, and moderate-income persons. Meeting Synopsis: The City’s infrastructure capacity was not identified as an affordable housing barrier during meetings with the AHAC and City staff. Existing Strategy: The City of Clearwater does not require reservation of infrastructure capacity specific to housing for very-low-income, low-income, and moderate-income persons. The City is built-out and has adequate capacity for its public facilities. Consistent with the City’s Comprehensive Plan, the Planning & Development Department closely monitors all concurrency requirements so that adequate infrastructure is in place prior to development: City of Clearwater Local Housing Incentive Strategies | 14 Economic Development & Housing Department Policy I.1.3.2 – The City shall determine, prior to the issuance of development orders, whether sufficient capacity of essential public facilities to meet the minimum standards for levels of service for the existing population and a proposed development will be available concurrent with the impacts of the proposed development. The applicable water supplier shall be consulted prior to the issuance of a building permit to ensure potable water will be available prior to the issuance of a certificate of occupancy. (Capital Improvements Element) Since 2014, no changes in City policy or practice regarding the reservation of infrastructure capacity have occurred (neither for affordable housing nor other types of development). AHAC Recommendations: Upon review of current City practices, the AHAC makes no change to the following as previously approved: We do not recommend that the City of Clearwater include the reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons as an incentive for the provision of affordable housing. Implementation: Not applicable (no recommendation) 2.1.5 Accessory Dwelling Units Strategic Incentive No. 5 (Florida Statute) The allowance of affordable accessory residential units in residential zoning districts. Meeting Synopsis: Staff comments on existing Recommendation 5.2 of the 2014 LHIS report were presented to the committee. The City’s current Comprehensive Plan policies serve as barriers to affordable housing because the allowance for accessory dwelling units is dependent on adequate lot area, which effectively limits accessory dwelling units to lots that already support two units. These comments are to consider focusing the policies on specific criteria rather than lot area. The committee raised no concerns with the modified language as proposed and supported its inclusion in the 2017 LHIS report. City of Clearwater Local Housing Incentive Strategies | 15 Economic Development & Housing Department Existing Strategy: The City allows for the provision of accessory dwelling units in nonresidential zoning districts, including the City’s Commercial (“C”), Tourist (“T”), Downtown (“D”), Office (“O”), Institutional (“I”), and Industrial Research and Technology (“IRT”) districts, as described in the Community Development Code. Regarding the allowance of accessory residential units in residential zoning districts, the Housing Element of the City’s Comprehensive Plan states: Policy C.1.1.2 – Residential Infill Projects, as defined in the Community Development Code, shall be utilized in order to accommodate innovative project designs, which provide for a mix of dwelling types at varying costs. Opportunities and conditions for the provision of accessory dwelling units (ADUs) may be considered for inclusion within infill development and redevelopment projects, provided that strict compliance standards be established within the Community Development Code. (Housing Element) Policy C.1.1.8 – The City may permit one accessory dwelling unit per lot wherever such units can be accommodated by adequate lot area, and provided that they meet stri ct compliance standards such as building restrictions, visual buffering, parking and other requirements to be developed for inclusion in the Community Development Code. (Housing Element) Although adopted by policy, these actions have not been implemented in the Community Development Code, and thus there are no standards for accessory dwelling units in residential zoning districts. Aside from the 2014 AHAC Recommendation 5.2, there has been little momentum to allow accessory dwelling units in residential zoning districts, in part due to citizen concerns about neighborhood compatibility. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2014 LHIS report with no change: 5.1 Continue to allow for accessory dwelling units in nonresidential zoning districts as described within the City’s Community Development Code. Upon review of current City practices, the AHAC continues the following recommendation from the 2014 LHIS report with minor changes as shown in strikethrough/underline: 5.2 Establish strict compliance standards in the Community Development Code to allow for accessory dwelling units in residential zoning districts consistent with Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8. Such standards could include: Revisit with City Council Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8 to consider allowing one accessory dwelling unit on a residential lot of any size provided that certain criteria are met. Such criteria may include: City of Clearwater Local Housing Incentive Strategies | 16 Economic Development & Housing Department • Minimum lot size, mMaximum unit size, parking standards, setback and height requirements to ensure neighborhood compatibility. • Occupancy/tenure requirements so that the principal dwelling unit remains owner-occupied, the accessory dwelling unit is not used for short-term rental, and the number of occupants is limited to that which is reasonable for the unit size. Implementation: Recommendation 5.1 is already implemented by the Community Development Code and will be continued. Recommendation 5.2 will be implemented by meetings of City staff and City Council, which may result in Comprehensive Plan amendments. 2.1.6 Parking Reductions Strategic Incentive No. 6 (Florida Statute) The reduction of parking and setback requirements for affordable housing. Meeting Synopsis: No specific issues with the City’s current practices regarding parking and setbacks were identified during meetings with the AHAC and City staff. The current practices remain acceptable. Existing Strategy: The Housing Element of the City’s Comprehensive Plan supports the reduction of parking and setback requirements for affordable housing through the following policies: Policy C.1.9.2 – Allow flexibility with regard to setbacks and off-street parking to accommodate density bonuses associated with affordable housing developments provided the project design does not detract from the established or emerging character of the immediate vicinity. (Housing Element) Policy C.1.9.3 – Allow flexibility with regard to off-street parking for projects containing affordable housing units located within 1000 feet of a transit stop. (Housing Element) In general, the City’s Community Development Code establishes parking flexibility criteria for specific uses requiring additional development review. For example, attached dwellings, residential infill projects, comprehensive infill redevelopment projects, or other uses that could provide affordable housing, may qualify as Level Two uses and allow for flexible development standards, including reduced parking and setbacks. City of Clearwater Local Housing Incentive Strategies | 17 Economic Development & Housing Department More specifically, the Community Development Code allows for the reduction of parking requirements for affordable housing if the project is located near a transit stop: Article 3, Division 9, Section 3-920.B. Affordable housing parking incentive – Off-street parking may be reduced to one and one-half (1.5) parking spaces, or less per unit, provided the site with affordable housing units is located within 1,000 feet of a transit stop as measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel and subject to the following: 1. The parking requirement may be reduced to between one and one -half (1.5) and one (1) space per unit if the affordable housing units are designated for seni or citizens or disabled persons. 2. In the case of attached dwellings, if parking is proposed next to the building, a buffer that includes a four-foot sidewalk and a five-foot landscaped area shall be provided between the building and parking as illustrated below. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with no change: 6.1 Continue to allow flexible setback requirements for affordable housing developments. 6.2 Continue to tie reductions of off-street parking requirements to proximity and access to alternative modes of transportation, including transit, sidewalks, trails, or other options. Implementation: Recommendations 6.1 and 6.2 are already implemented by the Comprehensive Plan or Community Development Code and will be continued. City of Clearwater Local Housing Incentive Strategies | 18 Economic Development & Housing Department 2.1.7 Flexible Lot Configurations Strategic Incentive No. 7 (Florida Statute) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. Meeting Synopsis: No specific issues with the City’s current practices regarding site plan flexibility were identified during meetings with the AHAC and City staff. The current practices remain acceptable. Existing Strategy: A legal lot of record, by definition, has fixed boundaries by a plat recorded in the Official Records of Pinellas County. It is therefore assumed that this incentive is intended to address flexible site plan configurations, rather than single flexible lot configurations. The City currently allows for site plan flexibility through the development review process, as supported by the City’s Community Development Code and Article 2. Zoning Districts therein, which establishes flexibility criteria for specific uses. Such criteria may allow for more flexible site plan configurations, but may also require an improved site plan to document how the flexibility will result in better design and/or appearance. The allowance of flexible site plan configurations, including zero-lot line configurations for affordable housing, must be sensitive to the character and context of existing neighborhoods. To this end, the City’s incentives for affordable housing include compatibility criteria in conjunction with the density bonus as follows: Article 3, Division 9, Section 3-920.A.3.c.i. Compatibility Criteria – b. Proportionality and scale of the proposed development shall be consistent with the community character of the immediate vicinity of the parcel proposed for development. c. The overall aesthetics of the proposed development shall be compatible with or an improvement to the community character as determined by the community development coordinator. d. The scale and coverage of the proposed development shall b e compatible with adjacent properties… AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2014 LHIS report with no change: 7.1 Continue to allow flexible lot configurations for affordable housing developments while remaining sensitive to the character and context of existing neighborhoods. City of Clearwater Local Housing Incentive Strategies | 19 Economic Development & Housing Department Implementation: Recommendation 7.1 is already implemented by the Community Development Code and will be continued. 2.1.8 Modification of Street Requirements Strategic Incentive No. 8 (Florida Statute) The modification of street requirements for affordable housing. Meeting Synopsis: The City’s street requirements were not identified as an affordable housing barrier during meetings with the AHAC and City staff. Existing Strategy: The City’s general standards for streets are defined in Article 3, Division 19, Section 3-1904 of the Community Development Code: Article 3, Division 19, Section 3-1904. Streets – Generally – A. The functional classification, arrangement, character, extent, width and location of all streets shall conform to the thoroughfare element of the comprehensive plan and shall be considered in their relation to existing and planned streets, topographical and environmental c onditions, public convenience and safety, and their appropriate relationship to the proposed use of the land to be served by such streets. Section 3-1904 also specifies minimum right-of-way and lane designations for each classification of roadway, including neighborhood roads. A minimum pavement width of 24 feet plus curb is required for all neighborhood roads, 26 feet plus curb for all local roads, and 37 feet for all collector roads. These requirements are in place to maintain public health and safety. Moreover, the City’s Community Development Code requires that all streets be improved by a developer with paving, curbs or gutters, and sidewalks or on-street parking where necessary. These standards apply to all development, including affordable housing projects. Since the City of Clearwater is nearly built-out, the City’s infrastructure system is already in place and it is not likely that affordable housing projects will need to provide local or collector roads. At most, such projects may require the provision of neighborhood roads internal to the site. AHAC Recommendation: Upon review of current City practices, the AHAC makes no change to the following as previously approved: City of Clearwater Local Housing Incentive Strategies | 20 Economic Development & Housing Department Because such standards are in place to benefit public health and safety, we do not recommend that the City utilize the modification of street requirements as an incentive for affordable housing. Implementation: Not applicable (no recommendation) 2.1.9 Pre-Adoption Policy Consideration Strategic Incentive No.9 (Florida Statute) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Meeting Synopsis: No specific issues with the City’s current pre-adoption policy consideration process were identified during meetings with the AHAC and City staff. The current process is working. Existing Strategy: The Economic Development & Housing Department reviews City policies, procedures, and regulations that may affect the cost of housing as part of its annual reporting for the State Housing Initiatives Partnership (SHIP) program and the Federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs. Moreover, the Economic Development & Housing Department receives new City plan provisions and ordinances for comment and participates in the City’s review process prior to adoption. This review process is maintained as a regular agenda item during Senior Executive Team bi-monthly meetings. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with no change: 9.1 As part of its annual reporting, the Economic Development & Housing Department should continue to review all regulations and ordinances that may affect the cost of housing. 9.2 Continue the review process maintained by the Senior Executive Team through which any new regulatory instrument created in the City (Ordinances, regulations, etc.) can be evaluated for its effect on housing affordability. Implementation: City of Clearwater Local Housing Incentive Strategies | 21 Economic Development & Housing Department Recommendations 9.1 and 9.2 are already implemented through either State and Federal reporting requirements or regular City staff meetings, which will be continued. 2.1.10 Inventory of Public Lands Strategic Incentive No. 10 (Florida Statute) The preparation of a printed inventory of locally-owned public lands suitable for affordable housing. Meeting Synopsis: Because the City is mostly built-out, affordable housing development opportunities are limited due to the lack of available land. On October 10, 2017, the AHAC discussed the limited supply of infill properties for the construction of affordable housing – particularly single-family housing. Many aging or neglected properties could be converted to affordable housing through incentives. The committee discussed the need to identify blighted or code enforcement properties for potential rehabilitation, acquisition, or demolition to increase this supply. During the AHAC meeting held on November 3, 2017, the Consultant presented a new recommendation to address this barrier. The committee raised no concerns with the new recommendation as proposed and supported its inclusion in the 2017 LHIS report. Existing Strategy: The City of Clearwater is nearly built-out. Most of the vacant parcels remaining are less than one acre in size. Due to the lack of land to develop affordable housing, the City offers flexibility through the Community Development Code to help developers utilize existing sites for infill and redevelopment projects. To facilitate affordable housing projects, the City keeps an inventory of publicly-owned land suitable for affordable housing titled, “Affordable Housing Inventory List”, which is published on the City’s website: http://www.myclearwater.com/government/city- departments/affordable-housing/documents. The Affordable Housing Inventory List is maintained by Comprehensive Plan policy: Policy C.1.2.6 - The City shall identify vacant and underutilized city -owned property that may be deemed surplus property and make it available for the development of affor dable housing. (Housing Element) The Affordable Housing Inventory List is State-mandated by Section 166.0451, F.S. and is triennially updated, which occurred in 2009 by City Resolution #09-41 (November 5, 2009), in 2013 by City Resolution #13-10 (June 6, 2013), and in 2016 by City Resolution #16-14 (June 16, 2016). As of 2016, there were seven (7) parcels suitable for the development of affordable housing: (1) 918 Palmetto City of Clearwater Local Housing Incentive Strategies | 22 Economic Development & Housing Department St.; (2) 1454 S. Martin Luther King, Jr. Ave.; (3) 1011 La Salle St.; (4) 1317 N. Martin Luther King, Jr. Ave.; (5) 1002 La Salle St.; (6) 1408 Monroe Ave.; and (7) 1112 Palm Bluff St. Additionally, the City’s Economic Development & Housing Department has a procedure in place to make publicly-owned land available to prospective developers and non-profit agencies to construct affordable housing. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with no change: 10.1 The Economic Development & Housing Department should continue to maintain the inventory of publicly-owned land suitable for the development of affordable housing. 10.2 Continue to publish the public land inventory owned by the City for affordable housing on the City’s webpage for prospective developers and non-profit agencies for developing affordable housing. 10.3 Continue to make publicly-owned land available to prospective developers and non- profit agencies for developing affordable housing. Upon review of current City practices, the AHAC makes the following new recommendation as underlined: 10.4 The Economic Development & Housing Department should coordinate with the Planning & Development Department to identify properties having repeat code violations that may be suitable for rehabilitation, acquisition or demolition for affordable housing. Implementation: Recommendations 10.1, 10.2, and 10.3 are already implemented by City staff of the Economic Development & Housing Department and will be continued. Recommendation 10.4 will be implemented by City staff through ongoing coordination between the referenced departments. City of Clearwater Local Housing Incentive Strategies | 23 Economic Development & Housing Department 2.1.11 Proximity to Transportation, Employment & Mixed-Use Development Strategic Incentive No.11 (Florida Statute) The support of development near transportation hubs, and major employment centers and mixed-use developments. Meeting Synopsis: Staff comments on existing Recommendation 11.1 of the 2014 LHIS report were presented to the committee on November 3, 2017. These comments are to update an obsolete Comprehensive Plan policy number reference (A.2.2.2) with the current policy number reference (A.2.2.7) resulting from a recent Comprehensive Plan amendment. No change was made to the policy language since 2014. The committee raised no concerns with the modified language as proposed and supported its inclusion in the 2017 LHIS report. Existing Strategy: Generally, the City promotes areas suitable for affordable housing through the Future Land Use Element (FLUE) of the Comprehensive Plan. The FLUE contains a number of policies related to activity centers and transit hubs as part of the City’s overall design structure. Such policies include: Policy A.2.2.7 – Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. (FLUE) Policy A.5.4.4 – Missouri Avenue from Drew Street to Belleair Road. The creation of affordable housing and mixed-use development should be supported, and lot consolidation and streetscape improvements should be encouraged. [Activity Center] (FLUE) Policy A.5.4.7 – South Fort Harrison Avenue from A Street to E Street. Amendments to the Future Land Use Plan and Zoning Atlas may be considered to promote affordable housing, mixed -use development, and to support the emerging character of the area and Morton Plant Hospital. [Activity Center] (FLUE) Policy A.6.8.7 – Create mixed-use, higher density, livable communities through design, layout and use of walkability techniques within existing and proposed transit corridors, including planned PSTA, Pinellas County MPO and TBARTA lines and potential station locations. (FLUE) Additionally, the FLUE includes the Objective A.6.10 policy series, which establishes transit-oriented land use designations and design standards: Policy A.6.10.8.b(4) – Provide a mixture of housing types affordable to households with a range of incomes within [transit] station areas. (FLUE) The Housing Element of the Comprehensive Plan also supports the location of assisted housing near major activity centers: City of Clearwater Local Housing Incentive Strategies | 24 Economic Development & Housing Department Policy C.1.4.2 – Assisted housing should be located in close proximity to employment centers, mass transit services, parks, and commercial centers. (Housing Element) Additionally, both the City’s Comprehensive Plan and Community Development Code allow flexibility in parking for affordable housing projects if located near a transit stop (see Housing Element Policy C.1.9.3 as well as Community Development Code Article 3, Division 9, Section 3-920.B. for the City’s “affordable housing parking incentive”). AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with minor changes as shown in strikethrough/underline: 11.1 The City should maintain and enforce policies A.2.2.2 A.2.2.7; A.6.8.7; and C.1.4.2 of the City’s Comprehensive Plan. Implementation: Recommendation 11.1 is already implemented by the Comprehensive Plan and will be continued. 2.2 Additional Incentives The following provides synopses of the City’s current practices regarding affordable housing and outlines the AHAC’s evaluation of recommendations related to incentives for the provision of affordable housing not cited in Florida Statute Section 420.9076. These recommendations were previously approved in 2014 but were evaluated and, if necessary, revised to address current affordable housing barriers. 2.2.1 Adaptive Reuse Meeting Synopsis: Staff comments on existing Recommendation 12.1 of the 2014 LHIS report were presented to the committee on November 3, 2017. These comments are to add clarification and specificity to the recommendation, since conversion to mixed-uses is allowed by the City, but only where permitted by zoning district. The committee raised no concerns with the additional language as proposed and supported its inclusion in the 2017 LHIS report. Existing Strategy: The City continues to allow for adaptive reuse if allowed within the zoning district where the affordable housing project is located. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with additional language as underlined: City of Clearwater Local Housing Incentive Strategies | 25 Economic Development & Housing Department 12.1 Continue to allow “adaptive reuse” involving the conversion of surplus and/or outmoded buildings including old school buildings, hospitals, train stations, warehouses, factories, etc. to mixed uses where permitted by zoning district. Implementation: Recommendation 12.1 is already implemented by the Community Development Code and will be continued. 2.2.2 Land Development Code Meeting Synopsis: Staff comments on existing Recommendation 13.1 of the 2014 LHIS report were presented to the committee on November 3, 2017. These comments are to add clarification and specificity to the recommendation. Regarding Crime Prevention Through Environmental Design (CPTED), City staff conveyed that it is onerous for the City to maintain CPTED certification and staffing. Regarding handicap accessibility standards, City staff conveyed that Federal and State requirements (e.g. ADA, Florida Building Code, etc.) provide more specific criteria to be met. The committee discussed the modified language as proposed and suggested retaining the CPTED sub-bullet and adding the phrase “when practical and financially feasible,” indicating that CPTED should be encouraged but not required. With this change, the committee supported the inclusion of the modified language for Recommendation 13.1 in the 2017 LHIS report. Existing Strategy: Design standards for affordable housing projects are generally addressed by Community Development Code Article 3, Division 9, Section 3-920.A.3.c.i-iii. [Compatibility Criteria, Design Criteria, Green Building Criteria]; however, the “other” criteria referenced in the 2014 AHAC Recommendation 13.1 are not addressed by Section 3-920.A.3.c.i-iii. Additionally, the 2014 AHAC identified the Community Development Code’s treatment of nonconforming development as a barrier, citing the cost of bringing older properties “up-to-code” as prohibitive to affordable housing. Many older properties could support affordable housing with relatively minor improvements. While affordable housing developers are often willing to rehab residential properties, many cannot do so without crossing the 50% valuation threshold for improvements and having to bring the entire property into conformance. For example, 50% of a $1 million property affords more improvement opportunity than 50% of a $50,000 property. As a result of the 2014 AHAC Recommendation 13.2 to allow certain exceptions to the 50 percent limitation on nonconforming structures, Article 6 of the Community Development Code was modified and adopted as Section 6-102.F.1-6. in June 2015. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with minor changes as shown in strikethrough/underline: City of Clearwater Local Housing Incentive Strategies | 26 Economic Development & Housing Department 13.1 Continue to encourage developers to address recommended design standards for affordable housing developments consistent with Sec. 3-920.A.3.c.i-iii. of the City of Clearwater Community Development Code. Other criteria could include but are not limited to: • Provide direct and visual access to open space for residents • Consider play areas when developing family housing • Provide nighttime outdoor illumination for safety from a variety of sources • Use landscape standards and buffers when required needed to screen avoid nuisances and to separate public and private areas • Centrally-located common facilities • Use Crime Prevention Through Thru Environmental Design (CPTED) when practical and financially feasible • Comply with Federal and State requirements for accessibility improvements Use handicap accessibility standards (i.e., universal design) Because the City has already modified Article 6 of the Community Development Code to allow certain exceptions to the 50 percent limitation on nonconforming structures, the AHAC removes the following recommendation as shown in strikethrough from the 2014 LHIS report: 13.2 Modify the City's Community Development Code (CDC) so that nonconforming structures that support affordable housing may be eligible to receive an exception from the 50 percent limitations set forth in CDC Article 6, if approved by the Community Development Coordinator through Level 1 approval (DRC) and the following conditions are satisfied: • The exception will only apply to a bone fide affordable housing project as verified by the City's Economic Development & Housing Department; • The exception will not apply to a structure in any area of special flood hazard which is not elevated or floodproofed to National Flood Insurance Program standards, as set forth in 44 CFR 59 and 60; • The exception will not be contrary to the public interest; • The exception will not be contrary to the Florida Building Code or related requirements to protect public safety; • The exception would have the effect of reducing the number of nonconforming features of the structure or site or of reducing the degree of nonconformity of one or more nonconforming feature(s) of the structure or site; and • The repair, alteration, or enlargement of the nonconforming structure would provide for affordable housing consistent with the required covenants to maintain affordability described in Sec. 3-920.A.4. of the City of Clearwater Community Development Code. City of Clearwater Local Housing Incentive Strategies | 27 Economic Development & Housing Department Implementation: Recommendation 13.1 is partially implemented by the Community Development Code and City staff will continue to consider other criteria for potential amendments to Sec. 3-920.A.3.c.i-iii. of the Community Development Code in support of affordable housing. Recommendation 13.2 has been implemented by the Community Development Code in full and is therefore removed. 2.2.3 Communication and Marketing of Affordable Housing Meeting Synopsis: On October 10, 2017, the AHAC identified public perception as a barrier to affordable housing and the need for better public education about the benefits of, and opportunities for, affordable housing in the community. Additionally, although many affordable housing incentives are available in the City of Clearwater, few residents and developers are aware of these incentives. The AHAC discussed the need for improved marketing and communications regarding affordable housing, its benefits, and the incentives already provided by the City of Clearwater or through its housing partners. Moreover, the AHAC discussed the distribution of materials and noted that not everyone has access to a computer to view the City’s Affordable Housing webpage. Hard copy materials and other formats should be available at a variety of locations throughout the City. Existing Strategy: The Economic Development & Housing Department continues to develop materials to better market its services to prospective developers of affordable housing. While many of the materials recommended by the 2014 AHAC exist, there is no “Affordable Housing Central” webpage that consolidates everything that is produced. Some materials, however, are available on the new “Affordable Housing” webpage: http://www.myclearwater.com/government/city- departments/affordable-housing AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with no change: 14.1 Continue to improve current communication channels and marketing materials to reach different stakeholders interested in affordable housing. Some of the suggested actions include but are not limited to: • Prepare marketing materials for the general public in order to promote the different housing programs that the City offers. • Prepare marketing materials that help developers and the general public to understand the application criteria, permitting process, and the number of incentives available for rehabilitation and new construction of affordable housing units in the City. City of Clearwater Local Housing Incentive Strategies | 28 Economic Development & Housing Department • Make accessible to the public an inventory and a map of suitable residential vacant land available for development. • Include a section on the City’s webpage called, “Affordable Housing Central,” specifically dedicated to the promotion of affordable housing. Implementation: Recommendation 14.1 is partially implemented by City staff; however, not all materials are available. City staff of the Economic Development & Housing Department and Planning & Development Department will coordinate to improve communication and marketing of affordable housing incentives. 2.2.4 Financing Meeting Synopsis: No specific issues regarding the financing of affordable housing projects were identified during meetings with the AHAC and City staff. Existing Strategy: The Economic Development & Housing Department continues to leverage funds with consortiums such as Habitat for Humanity and the Community Service Foundation to finance the development of affordable housing. The Department regularly seeks new public-private partnership to help offset public investment and reduce private developer costs. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2014 LHIS report with no change: 15.1 Diversify financial strategies to contribute to the new construction and maintenance of affordable housing. Implementation: Recommendation 15.1 is already implemented by City staff of the Economic Development & Housing Department and will be continued. 2.2.5 Partnerships Meeting Synopsis: The supply of housing affordable to low-income persons is extremely limited, as many low-income residents are not able to qualify for a mortgage and must seek rental housing. On October 10, 2017, the AHAC discussed the need for coordination with independent landlords to facilitate the provision City of Clearwater Local Housing Incentive Strategies | 29 Economic Development & Housing Department of housing for low-income persons. It was noted by the AHAC that corporate-operated apartment complexes and similar large-scale housing providers often have more stringent application processes and prohibitive fees that are barriers to low-income persons qualifying for a rental agreement. Independent landlords tend to be more flexible regarding rental application requirements and fees. Rental housing applicants may also be transportation-disadvantaged and the process to obtain rental housing may be time-consuming if multiple transit trips are required. Strategies to facilitate the housing supply offered by independent landlords, referrals to rental housing providers with reasonable application processes and fees, and transportation assistance are needed. The inability of homebuyers to qualify for large-enough mortgages is a barrier in the City of Clearwater. On October 10, 2017, the AHAC discussed how layered financing and other strategies to match prospective homebuyers with affordable housing is becoming more common practice due to the high cost of housing. This barrier is currently addressed by subsidies such as down-payment assistance; however, as housing costs continue to rise, qualifying for a mortgage becomes less achievable. Consequently, options within the affordable housing market (large units vs. small units, amenities, etc.) become more limited and more competitive. During the AHAC meeting held on October 10, 2017, the committee identified ongoing maintenance risks for homeowners as a barrier to affordable housing and discussed homebuyer education and home warranties as two strategies to reduce unexpected maintenance costs. The committee also identified third party barriers to affordable housing, such as homeowner’s insurance and construction costs, and discussed the need to educate, incentivize, and partner with the private sector. During the AHAC meeting held on November 3, 2017, the Consultant presented additional language under existing Recommendation 16.1 of the 2014 LHIS report to address these barriers. The committee raised no concerns with the additional language as proposed and supported its inclusion in the 2017 LHIS report. Existing Strategy: The Economic Development & Housing Department strives to keep an updated list of affordable housing units and maintains a list of housing partners on the City’s website at http://www.myclearwater.com/government/city-departments/affordable-housing/where-to-get- help. The Department also partners with other affordable housing providers to offer mentoring and technical training, and to address topics such as foreclosure, Fair Housing, and other relevant issues. The Department continues to improve its partnerships with local lenders, continues to work closely with Pinellas County to seek mutual opportunities for the development of affordable housing, and monitors statewide initiatives through the City’s lobbyist. City of Clearwater Local Housing Incentive Strategies | 30 Economic Development & Housing Department AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2014 LHIS report with additional language as underlined: 16.1 Develop public and private partnerships for the provision of affordable housing: • Prepare, advertise, and maintain an inventory of affordable housing providers and any other related organization. • Provide mentoring and technical training to current and new affordable housing providers. • Encourage and support joint development opportunities between the private sector and non–profits to develop affordable housing. • Engage lenders in an ongoing discussion with the City relative to underwriting and credit standards, technology solutions, as well as the development of financial products in an effort to maximize the financing options available to potential first-time homebuyers through conventional and other lenders. • Coordinate with Pinellas County joint programs for the provision of affordable housing. • Monitor the development of statewide legislative initiatives to gauge the local impact of their provisions. ▪ Coordinate with the private sector and non-profits to provide homebuyer education, home warranties and other strategies that reduce the ongoing maintenance risk of homeownership. ▪ Partner with the private sector and non-profits to address third-party barriers to affordable housing and to identify appropriate incentives to reduce labor and material costs for developers and maintenance and insurance costs for homeowners. Implementation: Recommendation 16.1 is already implemented by City staff of the Economic Development & Housing Department through ongoing public and private partnerships, which will be continued. Efforts to reduce the maintenance risk of homeownership and to address third-party barriers to affordable housing will require further coordination with these partners. Appendix Economic Development & Housing Department APPENDIX A: City of Clearwater Resolutions A.1 Resolution #08-15, AHAC Members A.2 Resolution #14-26, AHAC Members A.3 Resolution #17-34, AHAC Members A.4 Resolution #09-41, Affordable Housing Inventory List A.5 Resolution #13-10, Affordable Housing Inventory List A.6 Resolution #16-14, Affordable Housing Inventory List RESOLUTION NO. 08-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA REGARDING THE AFFORDABLE HOUSING ADVISORY COMMITTEE REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ("SHIP") PROGRAM; PROVIDING THAT THE CITY'S NEIGHBORHOOD AND AFFORDABLE HOUSING BOARD NAHAB] SHALL SERVE AS SAID COMMITTEE; APPOINTING EXISTING NAHAB MEMBERS TO THE COMMITTEE; APPOINTING NEW MEMBERS TO THE NEIGHBORHOOD AND AFFORDABLE HOUSING BOARD AND THE COMMITTEE; PROVIDING FOR NEW MEMBER TERMS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership Act ("Act") also known as the William E. Sadowski Affordable Housing Act, which allocates a portion of new and existing documentary stamp taxes on deeds to local governments for development of affordable housing through the SHIP Program; and WHEREAS, the Act requires that in order to receive SHIP funds, the local government appoint an Affordable Housing Advisory Committee to recommend monetary and non-monetary incentives for the Affordable Housing Incentive Plan and that its members be appointed by resolution, and it is desirable that the City Neighborhood and Affordable Housing Advisory Board [NAHAB] serve as the Affordable Housing Advisory Committee; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following existing members of the Neighborhood and Affordable Housing Board are hereby appointed as members of the Affordable Housing Advisory Committee for the State Housing Initiatives Partnership Program: Donald Brackett (retired builder) representing the residential home building industry Lisa Hughes (Coordinated Child Care) as an advocate for low- income persons in connection with affordable housing Kip Corriveau (Salvation Army) representing not-for-profit provider of affordable housing Peggy Cutkomp (Prudential Tropical Realty) representing those who are actively engaged as a real estate professional in connection with affordable housing Resolution No. 08-15 Laurel Braswell (Homemaker) as citizen who resides within the City of Clearwater Josephine Carbone (retired Realtor) as citizen who resides within the City of Clearwater Section 2. That the following persons are hereby appointed to the Neighborhood and Affordable Housing Board and as members of the Affordable Housing Advisory Committee for the State Housing Initiatives Partnership Program: Samuel Davis (Wells Fargo Mortgage) representing the banking or mortgage industry in connection with affordable housing Nick Pavonetti (PDC Affordable Housing) representing those areas of labor engaged in home building in connection with affordable housing Peter Leach (Southport Financial Services) representing the for- profit provider of affordable housing Jordan Behar (Behar Design and Associates, Inc.), who serves on the local planning agency Kevin Gartland (Clearwater Regional Chamber of Commerce) representing employers within the City of Clearwater Tony Longhorn (Pinellas County School Board) representing essential services personnel The term of office of said six members will be four years per Code of Ordinances Section 2.226(3). Section 3. This resolution shall take effect immediately upon adoption, and is subject to the adoption of Ordinance No. 7981-08. PASSED AND ADOPTED this 19th day of June 2008. y~ In-ank V. Hibbard Mayor Approved as to form:Attest: Leslie K. Doug City Attorney 2 RESOLUTION NO. 14 -26 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPOINTING THE AFFORDABLE HOUSING ADVISORY COMMITTEE ( "COMMITTEE ") IN ACCORDANCE WITH FLORIDA STATUTE SECTION 420.9076, AND REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP ( "SHIP ") PROGRAM; PROVIDING THAT THE CITY'S NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD ( "NAHAB ") SHALL SERVE AS SAID COMMITTEE; APPOINTING EXISTING NAHAB MEMBERS TO THE COMMITTEE; APPOINTING ADDITIONAL MEMBERS TO THE COMMITTEE IN ACCORDANCE WITH SECTION 2.228, CODE OF ORDINANCES OF THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership Act ( "Act ") also known as the William E. Sadowski Affordable Housing Act, which allocates a portion a new and existing documentary stamp taxes on deeds to local governments for development of affordable housing through the SHIP Program; and WHEREAS, the Act requires that in order to receive SHIP funds, the local government appoint an Affordable Housing Advisory Committee to recommend monetary and non - monetary incentives for the Affordable Housing Incentive Plan and that its members be appointed by resolution; and it is desirable that the City Neighborhood and Affordable Housing Advisory Board ( "NAHAB ") serve as the Affordable Housing Advisory Committee; now therefore BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: That the following existing members of the Neighborhood and Affordable Housing Advisory Board are hereby appointed as members of the Affordable Housing Advisory Committee: Michael Potts representing the residential home building industry Linda Kemp representing the banking or mortgage industry in connection with affordable housing Lisa Hughes as an advocate for low- income persons in connection with affordable housing Peggy Cutkomp representing those who are actively engaged as a real estate professional in connection with affordable housing Vicki Adelson as citizen who resides within the City of Clearwater Kristin Dailey representing employers within the City of Clearwater Resolution No. 14 -26 SECTION 2: That the following persons are hereby appointed to the Affordable Housing Advisory Committee: Ronald Spoor representing those areas of labor engaged in home building in connection with affordable housing Michael Boutzoukas who serves on the local planning agency Peter Leach representing the for - profit provider of affordable housing Bob Clifford representing essential services personnel Jacqueline Rivera representing a not - for - profit provider of affordable housing SECTION 3: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9 n Hi day of August , 2014. Approved as to form: C._// Laura Mahony Assistant City Attorney Ceorie- cy'Ckk( George N. Cretekos Mayor Attest: Rosemarie CaII City Clerk Resolution No. 14 -26 RESOLUTION 09-41 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO 2 PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that every three years each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, Resolution 08-01 established the first Affordable Housing Inventory in 2008 with twenty-nine (29) parcels of city-owned land; and, WHEREAS, after further review and physical inspection of each parcel, certain parcels adopted therein have now been determined to be inappropriate for said list because of lot size or location in a community redevelopment area; and, WHEREAS, the list is hereby revised to include only those properties deemed appropriate for use as affordable housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following two parcels of vacant land as identified in EXHIBIT "A" appended hereto are hereby determined to be appropriate for use Resolution No. 09-41 OZ::s!~ n ~C/)zzml -lm u 'l:I: r- lXImN~C:C"l0C/)::U8~~C"l~ coo' u"'0CIC:C"l oco..."",u'll...""~ o Ci)::O:r-o z"Si""Ci)"'o-C"l coooo co>c: N ,Ill ::u I oocoo .. o N 3: KEN BURKE, CLERK OF COURTANDCOMPTROLLERPINELLAS COUNTY, FLINST# 2013201914 06120/2013 at 01:31 PM OFF ype GOV RECORDING 6 pocType $ 27.00 RESOLUTION 13 -10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO TWO PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that by July 1, 2007, and every three years thereafter, each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, the City Council now desires to formally establish the 2013 Affordable Housing Inventory list of real property deemed appropriate for use as affordable housing as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following two (2) parcels of vacant land as more particularly described in EXHIBIT "A ", attached hereto and incorporated herein, are hereby determined to be appropriate for use as affordable housing as defined in Section 166.0451 and 420.0004, Florida Statutes. Section 2. That the City holds fee simple title in and to both of said parcels. Section 3. That the inventory listing of the herein described parcels of land shall be titled the "2013 Affordable Housing Inventory List ". Resolution No. 13 -10 Section 4. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6th day of June , 2013. Approved as to form: Laura Lipowski Mahony Assistant City Attorney c eo(1 t , Cit'kcIos George N. Cretekos, Mayor Attest: MU06- 1313 - 002/46844/1] Resolution No. 13 -10 EXHIBIT "A" 2013 AFFORDABLE HOUSING INVENTORY LIST 918 PALMETTO ST. PENNSYLVANIA SUB., LOT 5 VACANT 1454 S. MLK, JR. AVE. COMMENCE AT THE NW CORNER OF VACANT S. MLK, JR. AVE. AND WOODLAWN ST. THEN RUN N 320 FT TO THE POINT OF BEGINNING; THEN W 260.4 FEET; THEN N 225.00 FEET; THEN E 260.4 FEET; THEN S 225.00 FEET TO THE POINT OF BEGINNING. MU06- 1313 - 002/46844/1] Resolution No. 13 -10 Appendix Economic Development & Housing Department APPENDIX B: Affordable Housing in Clearwater B.1 Housing Affordability Affordability refers to the capacity that all income levels have to access a “decent and adequate” housing unit within the housing market, either for rental or ownership. One measurement of affordable housing is the percentage of annual income that a household pays toward housing-related costs. The U.S. Department of Housing and Urban Development (HUD) defines “Cost Burdened” as when a household spends more than 30% of their income on housing costs. However, for some State programs the burden could be up to 35% depending on a specific household’s capacity. A household that pays more than 50% of its annual income toward housing costs is considered by HUD to be “Severely Cost Burdened.” According to the Shimberg Center for Affordable Housing and Florida Housing Data Clearinghouse, in 2016, 46% of the City’s households pay more than 30% of their income for housing. By comparison, 42% of households statewide are cost-burdened. Approximately 24% of the City’s households pay more than 50% of income for housing. The City of Clearwater’s Comprehensive Plan defines affordable housing in Policy C.1.2.5 of the Housing Element: “C.1.2.5 – Define Affordable Housing as any residential dwelling unit leased or owned by a household with a household income of one hundred twenty percent (120%) or less of the adjusted area median family income for Pinellas County, Florida, as determined by the U.S. Department of Housing and Urban Development (HUD). The rental rates for leased Workforce Affordable Housing Units shall not exceed the rates published by the Florida Housing Finance Corporation for annual “Maximum Rents by Number of Bedroom Unit” for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA). For non- rental units, the sales price may not exceed ninety percent (90%) of the average area price for the Tampa- St. Petersburg-Clearwater MSA, as established by the annual revenue procedure which provides issuers of qualified mortgage bonds, as defined in Section 143(a) of the internal Revenue Code, and issuers of mortgage credit certificates, as defined in Section 25(c) of the Internal Revenue Code, with the nationwide average purchase price for the residences located in the United States.” B.2 Barriers and Incentives According to HUD, a regulatory barrier is "a public regulatory requirement, payment, or process that significantly impedes the development or availability of affordable housing without providing a commensurate health and/or safety benefit."2 Understanding barriers is the first step to transform them 2 Stowell, C; Shelburne, M. (2004). Responding to HUD's Affordable Communities Initiative: Will It Make a Difference? The Practitioner Planner, American Planning Association, Winter 2004. Appendix Economic Development & Housing Department into incentives for the supply of affordable housing. The AHAC conducted a comprehensive overview of affordable housing barriers to understand potential relationships of what, from the City’s perspective, could be done to incentivize the supply of affordable housing. This comprehensive approach helped the AHAC to look beyond the analysis required of Florida Statute 420.9076 and to prioritize recommendations. In that sense, the recommendations of the AHAC targeted areas and barriers within the domain of the City of Clearwater’s basic responsibilities: provide policy direction through the City’s comprehensive plan; provide incentives through the Community Development Code and facilitate information and the permitting process. Chart 1 summarizes potential barriers to affordable housing. Chart 1: Affordable Housing Barriers Appendix Economic Development & Housing Department B.3 Issues in Supplying Affordable Housing Built-out communities, such as Clearwater, have pressures for the provision of affordable housing due to increased land values; the availability of vacant developable land; skyrocketing construction costs due to demand for building material supplies; and labor outpacing supply. In addition, other costs of home acquisition (i.e. property taxes and insurance) create a financial burden for citizens. In 2008 and 2014, the AHAC identified the most significant issues for the provision of affordable housing in the City. The following summarizes the significant issues that are still relevant in 2017: • Lack of land available to develop affordable housing projects. Because the City is mostly built-out, affordable housing development opportunities are limited due to the lack of available land. There is a limited supply of infill properties for the construction of affordable housing – particularly single-family housing. Many aging or neglected properties could be converted to affordable housing through incentives for conversion to affordable housing. Blighted properties with repeat code enforcement actions could be converted to quality affordable housing through housing rehabilitation, foreclosure acquisition, demolition/ replacement, or other actions. • Lack of housing for low-income persons. The supply of housing affordable to low-income persons is extremely limited, as many low-income residents are not able to qualify for a mortgage and must seek rental housing. There is a need for coordination with independent landlords to facilitate the provision of housing for low-income persons. Corporate-operated apartment complexes and similar large-scale housing providers often have more stringent application processes and prohibitive fees that are barriers to low-income persons qualifying for a rental agreement. Independent landlords tend to be more flexible regarding rental application requirements and fees. Rental housing applicants may also be transportation- disadvantaged and the process to obtain rental housing may be time-consuming if multiple transit trips are required. Strategies to facilitate the housing supply offered by independent landlords, referrals to rental housing providers with reasonable application processes and fees, and transportation assistance are needed. • Complex Homebuyer Financing. The inability of homebuyers to qualify for large-enough mortgages is a barrier in the City of Clearwater. Layered financing and other strategies to match prospective homebuyers with affordable housing is becoming more common practice due to the high cost of housing. This barrier is currently addressed by subsidies such as down-payment assistance; however, as housing costs continue to rise, qualifying for a mortgage becomes less achievable. Consequently, options within the affordable housing market (large units vs. small units, amenities, etc.) become more limited and more competitive. • Lack of information about the permitting process for affordable housing projects. The City of Clearwater has an expedited permitting form titled, “Request for Expedited Permit Processing for Affordable Housing Activity” and corresponding process; however, few applicants are aware of the form. This form and process should be better advertised. Appendix Economic Development & Housing Department • Public perception of affordable housing developments. There is a public perception that affordable housing, whether a full-scale development or a single accessory dwelling unit, will have a negative impact on neighborhoods. As such, better public education about the benefits of, and opportunities for, affordable housing in the community is needed. • Limited information on City’s affordable housing incentives and programs. Although many affordable housing incentives are available in the City of Clearwater, few residents and developers are aware of these incentives. There is a need for improved marketing and communications regarding affordable housing, its benefits, and the incentives already provided by the City of Clearwater or through its housing partners. Hard copy materials and other formats should be available at a variety of locations throughout the City considering that that not everyone has access to a computer to view the City’s Affordable Housing webpage. • Maintaining the condition of the City’s aging housing stock. While some homebuyers may be able to afford housing within the City, the maintenance risk associated with that housing may offset their ability to afford the housing over the long-term. There is a need for mechanisms to reduce the ongoing maintenance risk associated with homeownership. Potential solutions are home warranties and homebuyer education classes that help applicants understand the long-term maintenance costs and expectations of homeownership. • Third-Party Barriers. The cost of homeowner’s insurance in Florida is very high and funding assistance to reduce insurance costs for affordable housing is lacking. Along with better education and public/private partnerships to address this barrier, there is a need to incentivize insurance companies to reduce costs for affordable housing. Construction costs also continue to rise throughout Florida. Consequently, there is a need to incentivize contractors and material suppliers to reduce the construction costs for affordable housing projects. Appendix Economic Development & Housing Department APPENDIX C: Values, Principles and Vision C.1 The Value of Affordable Housing The AHAC discussed and confirmed the value that affordable housing brings to the City’s development. Affordable housing in the City of Clearwater: A) Supports a dynamic and competitive economy. There is an intrinsic relationship between a dynamic economy and affordable housing. The existence of affordable housing units is a variable that supports business location thus job creation. The City, which is nearly built-out, has the opportunity to capitalize on its existing urban fabric through urban renewal and infill development. Such investment in the City would have positive impacts on the local economy and increase Clearwater’s ability to compete with other cities. B) Improves social well-being and build sense of community. Housing is a fundamental human need. Consideration of social well-being, including long-term housing stability, is imperative for the future of the City. There is a need for improved job opportunities, as well as for a simple, understandable process for achieving housing, especially for those in low to moderate-income households. Education and motivation for home ownership are also important aspects of the City’s future. C) Ensures that the City’s workforce can live within the City. There is a growing need for affordable “workforce” housing within the community, specifically for police, fire, and other service employees. There is also a need to draw the workforce back into the City to reduce commute distances, to reduce crime, and to restore a sense of pride in the community. C.2 Principles for Clearwater’s Affordable Housing The AHAC discussed and confirmed the principles that the provision of affordable housing in the City of Clearwater should embrace. Affordable housing in the City of Clearwater should be: 1) Affordable over the long-term. Affordable housing is readily available, and reasonably-priced; mortgage rates for affordable housing are structured to allow people to keep their homes over the long-term. Rental rates for affordable housing are fair and reasonable; and the cost of maintaining a home (e.g. fees, maintenance, etc.) is practical. 2) Diverse and provide for a mix of income levels. Affordable housing is comprised of diverse housing types and supports a mix of income levels, incorporating rental and ownership opportunities. 3) Sustainable, well-designed and minimizes physical barriers to accessibility. Appendix Economic Development & Housing Department Affordable housing uses innovative and sustainable materials and technologies. Its design is aesthetically pleasing and blends into the architectural fabric of the community. Structures are safe, functional and aesthetic. Floor plans are designed for “living” and construction materials, including fixtures, are energy efficient. 4) In character with the surrounding neighborhood. Affordable housing is sited in a manner that enhances the existing character of neighborhoods and provides safe open spaces. Public spaces are visible but well-landscaped so as to blend into the context of the neighborhood. Fences or other barriers are architectural and transparent. 5) Strategically-located and pedestrian-oriented with access to mass transit and open spaces. Affordable housing is located near employment centers and civic facilities. Residents enjoy pedestrian-oriented facilities with access to mass transit and open spaces. C.3 Vision In order to develop a vision for affordable housing as part of the Local Housing Incentive Strategies, the AHAC summarized the value of providing affordable housing for the City as well as the principles. The following statement summarizes the Vision of Affordable Housing for the City: The City of Clearwater will encourage the development of a diverse supply of housing that is safe, affordable, sustainable, and well-designed that blends into the character of the City’s neighborhoods, which supports a diverse, inclusive community. Appendix Economic Development & Housing Department APPENDIX D: Advisory Committee Meeting Summaries D.1 AHAC Meeting #1, October 10, 2017 D.2 AHAC Meeting #2, November 3, 2017 CLW2072.01M 1 of 3 Update of Local Housing Incentive Strategies AHAC Meeting #1 | October 10, 2017 | 9:00 a.m. City Hall, Room 222 (2nd Floor) MEETING SUMMARY The City of Clearwater requested that Wade Trim facilitate an update of the City’s Local Housing Incentives Strategy (LHIS) report, which was last updated in 2014. An 11-member Affordable Housing Advisory Committee (AHAC) representing various affordable housing interests was appointed by the City to evaluate and update the 2014 LHIS report. The first meeting with the AHAC was held on October 10, 2017 at City Hall, in Room 222 on the second floor of City Hall. Eight (8) AHAC members, City staff and the City’s consultant attended the meeting: • Michael Potts AHAC Committee, NAHAB, Construction (rep: Home Building) • Linda Kemp AHAC Committee, NAHAB, Raymond James Bank (rep: Mortgage) • Gaby Camacho AHAC Committee, Habitat for Humanity (rep: Labor) • Kevin Chinault AHAC Committee, NAHAB, Salvation Army (rep: Non-Profit Provider) • Peggy Cutkomp AHAC Committee, NAHAB, Real Estate Professional (rep: Real Estate) • Michael Boutzoukas AHAC Committee, Community Development Board (rep: Planning) • Carmen Santiago AHAC Committee, NAHAB, Citizen (rep: Resident of Clearwater) • Haley Crum AHAC Committee, NAHAB, FrankCrum (rep: Employers) • Denise Sanderson City of Clearwater, Economic Develop. & Housing Director • Chuck Lane City of Clearwater, Economic Develop. & Housing Assistant Director • Joe Riddle City of Clearwater, Housing Manager • Terry Malcolm-Smith City of Clearwater, Housing Coordinator • Amanda Warner Wade Trim, Planner (City’s Consultant) • Brad Cornelius Wade Trim, Planner (City’s Consultant) Three (3) AHAC members were not in attendance: Jacqueline Rivera (rep: Essential Services), Lisa Hughes (rep: Advocate for Low-Income Persons), and Peter Leach (rep: For-Profit Provider). The purpose of this first AHAC meeting was to educate the new committee on the City’s existing LHIS report, review its values, principles and vision, as well as identify current barriers and potential incentives related to the facilitation of affordable housing in the City of Clearwater. Welcome and Introductions City staff (Denise Sanderson and Chuck Lane) welcomed the committee members. Introductions of City staff and committee members in attendance followed, along with a summary of the agenda for the first AHAC meeting. The Consultant explained that the AHAC meeting was advertised as a public meeting and was being recorded, and then asked if any members of the public were in attendance and would like to speak. No members of the public were in attendance. Approval of December 9, 2014, AHAC Meeting Minutes The AHAC reviewed the minutes of the last AHAC meeting, which was held on December 9, 2014, and approved the minutes by motion. Summary of Presentation to AHAC The Consultant presented an overview of the LHIS update process, including the history and duties of the AHAC, meeting requirements, schedule of events toward approval/submittal, definitions of affordable CLW2072.01M 2 of 3 housing, and components of the LHIS report. This overview was presented in Microsoft PowerPoint format. The schedule of events included: • October 2017 – AHAC meets to update LHIS report; schedule and advertise public hearing • November 2017 – AHAC holds public hearing to approve updated LHIS report; submit LHIS report to City Council • December 2017 – City Council holds public hearing to accept updated LHIS report • March 2018 – City Council to adopt amendments to LHAP to incorporate LHIS recommendations • May 2018 – Submit amended LHAP with proof of City Council approval to FHFC The AHAC asked about how the updated LHIS would be distributed. City staff responded that the updated LHIS report would be distributed by email to the AHAC committee members, or by hard copy upon request, at least two weeks prior to the November public hearing. The Consultant presented the values, principles and vision statements of the 2014 LHIS report and invited feedback from the AHAC members on whether these statements still resonate with current affordable housing issues in the City of Clearwater. The AHAC deemed all values, principles and vision statements in the 2014 LHIS report still relevant to affordable housing in the City of Clearwater. Committee Discussion During the meeting, AHAC members were asked to discuss any perceived barriers to affordable housing that presently exist, as well as potential incentives to reduce these barriers. Members were asked to consider barriers and incentives with regard to City programs/procedures, the City’s Comprehensive Plan, and the City’s Community Development Code. The following provides a summary of the Committee’s discussion of current issues affecting the provision of affordable housing in the City of Clearwater: Land Availability Because the City is mostly built-out, affordable housing development opportunities are limited due to the lack of available land. The AHAC discussed the limited supply of infill properties for the construction of affordable housing – particularly single-family housing. Many aging or neglected properties could be converted to affordable housing through incentives for conversion to affordable housing. Additionally, the AHAC discussed the possibility of maintaining a citywide inventory of blighted properties with repeat code enforcement actions that could be converted to quality affordable housing through housing rehabilitation, foreclosure acquisition, demolition/replacement, or other actions. Maintenance of Affordable Units The AHAC discussed the need for mechanisms to reduce the ongoing maintenance risk associated with homeownership. While some homebuyers may be able to afford housing within the City, the maintenance risk associated with that housing may offset their ability to afford the housing over the long-term. As a potential solution, the AHAC discussed the possibility of offering home warranties. Additionally, City staff noted that as part of the City’s HUD-funded down-payment assistance program, applicants must attend a HUD-required homebuyer education class that helps applicants understand the long-term maintenance costs and expectations of homeownership. Also, the City utilizes a third-party contractor to complete HUD-required inspections. Housing for Low-Income Persons The supply of housing affordable to low-income persons is extremely limited, as many low-income residents are not able to qualify for a mortgage and must seek rental housing. The AHAC discussed the need for coordination with independent landlords to facilitate the provision of housing for low-income persons. It was noted by the AHAC that corporate-operated apartment complexes and similar large-scale housing providers often have more stringent application processes and prohibitive fees that are barriers to low-income persons qualifying for a rental agreement. Independent landlords tend to be more flexible regarding rental application requirements and fees. Rental housing applicants may also be transportation- CLW2072.01M 3 of 3 disadvantaged and the process to obtain rental housing may be time-consuming if multiple transit trips are required. Strategies to facilitate the housing supply offered by independent landlords, referrals to rental housing providers with reasonable application processes and fees, and transportation assistance are needed. Homebuyer Financing The inability of homebuyers to qualify for large-enough mortgages is a barrier in the City of Clearwater. The AHAC discussed how layered financing and other strategies to match prospective homebuyers with affordable housing is becoming more common practice due to the high cost of housing. This barrier is currently addressed by subsidies such as down-payment assistance; however, as housing costs continue to rise, qualifying for a mortgage becomes less achievable. Consequently, options within the affordable housing market (large units vs. small units, amenities, etc.) become more limited and more competitive. Third-Party Barriers The AHAC discussed the high cost of homeowner’s insurance in Florida and how funding assistance to reduce insurance costs for affordable housing was lacking. The AHAC discussed the need to incentivize insurance companies to reduce costs for affordable housing. Better education and public/private partnerships to address this barrier are needed. Additionally, construction costs also continue to rise throughout Florida. The AHAC discussed the need to incentivize contractors and material suppliers to reduce the construction costs for affordable housing projects. Marketing/Communication The AHAC identified public perception as a barrier to affordable housing and the need for better public education about the benefits of, and opportunities for, affordable housing in the community. Additionally, although many affordable housing incentives are available in the City of Clearwater, few residents and developers are aware of these incentives. The AHAC discussed the need for improved marketing and communications regarding affordable housing, its benefits, and the incentives already provided by the City of Clearwater or through its housing partners. Moreover, the AHAC discussed the distribution of materials and noted that not everyone has access to a computer to view the City’s Affordable Housing webpage. Hard copy materials and other formats should be available at a variety of locations throughout the City. Development Approvals and Permitting Overall, committee members were satisfied with the City’s permitting process. The AHAC identified no specific issues with permitting, but inquired about whether there was an expedited permitting process for affordable housing. City staff and the City’s Consultant explained the City’s existing expedited permitting form titled, “Request for Expedited Permit Processing for Affordable Housing Activity”. Few AHAC members were aware of the form and therefore suggested that the City better advertise this form to potential affordable housing developers. Next Steps After the committee discussion, the Consultant handed out an inventory and evaluation of the City’s current practices and requested that AHAC members review the 2014 LHIS report with regard to whether or not the past recommendations should be continued, modified or removed as part of the LHIS update. The second AHAC meeting will be held on October 26, 2017 in City Hall Room 222 at 9:30 a.m. During this second AHAC meeting, City staff and the Consultant will respond to questions generated during the first AHAC meeting or through review of the City’s current practices, and then facilitate AHAC discussion of critical recommendations for inclusion in the 2017 LHIS report. The Consultant concluded the meeting with a reminder that the AHAC is a public advisory board and is subject to Florida’s “Sunshine Law” therefore committee members may not discuss AHAC matters with other committee members outside of a properly noticed and recorded public meeting. CLW2072.01M 1 of 6 Update of Local Housing Incentive Strategies AHAC Meeting #2 | November 3, 2017 | 9:30 a.m. City Hall, Room 222 (2nd Floor) MEETING SUMMARY The City of Clearwater requested that Wade Trim facilitate an update of the City’s Local Housing Incentives Strategy (LHIS) report, which was last updated in 2014. An 11-member Affordable Housing Advisory Committee (AHAC) representing various affordable housing interests was appointed by the City to evaluate and update the 2014 LHIS report. The second meeting with the AHAC was held on November 3, 2017 at City Hall, in Room 222 on the second floor of City Hall. Six (6) AHAC members, City staff and the City’s consultant attended the meeting: • Linda Kemp AHAC Committee, NAHAB, Raymond James Bank (rep: Mortgage) • Gaby Camacho AHAC Committee, Habitat for Humanity (rep: Labor) • Michael Boutzoukas AHAC Committee, Community Development Board (rep: Planning) • Haley Crum AHAC Committee, NAHAB, FrankCrum (rep: Employers) • Jacqueline Rivera AHAC Committee, Clearwater Housing Auth. (rep: Essential Services) • Peter Leach AHAC Committee, Southport Financial (rep: For-Profit Provider) • Joe Riddle City of Clearwater, Housing Manager • Terry Malcolm-Smith City of Clearwater, Housing Coordinator • Amanda Warner Wade Trim, Planner (City’s Consultant) • Brad Cornelius Wade Trim, Planner (City’s Consultant) Five (5) AHAC members were not in attendance: Michael Potts (rep: Home Building), Kevin Chinault (rep: Non-Profit Provider), Peggy Cutkomp (rep: Real Estate), Lisa Hughes (rep: Advocate for Low-Income Persons), and Carmen Santiago (rep: Resident of Clearwater). The purpose of this second AHAC meeting was to review the LHIS process and schedule, discuss the barriers to affordable housing previously identified by the committee at the first AHAC meeting on October 10, 2017, develop recommendations for incentives to address those barriers, and identify any other changes to the 2014 LHIS report resulting from the committee’s review of the City’s current practices regarding affordable housing. Welcome and Introductions The City’s Consultant (Amanda Warner) welcomed the committee members and gave a brief summary of the agenda for the second AHAC meeting. The City Clerk asked if any members of the public were in attendance and would like to speak. No members of the public were in attendance. Approval of October 10, 2017, AHAC Meeting Minutes The AHAC reviewed the minutes of the last AHAC meeting, which was held on October 10, 2017, and approved the minutes by motion. Summary of Presentation to AHAC The Consultant reviewed the LHIS update process and schedule of events toward approval/submittal. This review was presented in Microsoft PowerPoint format. The schedule of events included: • October 2017 – AHAC meets to update LHIS report; schedule and advertise public hearing • November 2017 – AHAC holds public hearing to approve updated LHIS report; submit LHIS report to City Council CLW2072.01M 2 of 6 • December 2017 – City Council holds public hearing to accept updated LHIS report • March 2018 – City Council to adopt amendments to LHAP to incorporate LHIS recommendations • May 2018 – Submit amended LHAP with proof of City Council approval to FHFC The Consultant then presented specific strategies and recommendations developed in response to the barriers to affordable housing identified at the first AHAC meeting on October 10, 2017, and in response to comments received from City staff regarding the City’s current practices. Proposed changes to the existing recommendations within the 2014 LHIS report, as well as new recommendations, were presented for committee discussion. If a committee-identified barrier to affordable housing and corresponding incentive was already addressed by an existing recommendation with the 2014 LHIS report, then no change was presented. Committee Discussion During the meeting, the Consultant facilitated AHAC discussion of specific recommendations for inclusion in the 2017 LHIS report. The discussion focused on strategies to address the affordable housing barriers identified by the AHAC during the first AHAC meeting on October 10, 2017, but also touched on City staff- initiated changes based on review of the City’s policies and procedures. If a committee-identified barrier to affordable housing and corresponding incentive was already addressed by an existing recommendation with the 2014 LHIS report, then no change was discussed. The following provides a summary of the committee’s discussion of recommendations to incentivize the provision of affordable housing in the City of Clearwater: Land Availability – New Recommendation During the first AHAC meeting on October 10, 2017, the committee identified the limited supply of infill properties in the City of Clearwater as a barrier to affordable housing and discussed the need to identify blighted or code enforcement properties for potential rehabilitation, acquisition, or demolition to increase this supply. In response, the Consultant presented the following proposed new recommendation (shown in underline): 10.4 The Economic Development and Housing Department should coordinate with the Planning and Development Department to identify properties having repeat code violations that may be suitable for rehabilitation, acquisition or demolition for affordable housing. The committee raised no concerns with the new recommendation as proposed and supported its inclusion in the 2017 LHIS report. Maintenance of Affordable Units – Modified Recommendation During the first AHAC meeting on October 10, 2017, the committee identified ongoing maintenance risks for homeowners as a barrier to affordable housing and discussed homebuyer education and home warranties as two strategies to reduce unexpected maintenance costs. In response, the Consultant presented the following proposed additional language (shown in underline) under existing Recommendation 16.1 of the 2014 LHIS report: 16.1 Develop public and private partnerships for the provision of affordable housing: . . . Coordinate with the private sector and non-profits to provide homebuyer education, home warranties and other strategies that reduce the ongoing maintenance risk of homeownership. The committee raised no concerns with the additional language as proposed and supported its inclusion in the 2017 LHIS report. CLW2072.01M 3 of 6 Third-Party Barriers – Modified Recommendation During the first AHAC meeting on October 10, 2017, the committee identified third party barriers to affordable housing, such as homeowner’s insurance and construction costs, and discussed the need to educate, incentivize, and partner with the private sector. In response, the Consultant presented the following proposed additional language (shown in underline) under existing Recommendation 16.1 of the 2014 LHIS report: 16.1 Develop public and private partnerships for the provision of affordable housing: . . . Partner with the private sector and non-profits to address third-party barriers to affordable housing and to identify appropriate incentives to reduce labor and material costs for developers and maintenance and insurance costs for homeowners. The committee raised no concerns with the additional language as proposed and supported its inclusion in the 2017 LHIS report. Other – Modified Recommendations Proposed changes to several other existing recommendations from the 2014 LHIS report were presented to the AHAC based on comments received from City staff regarding the City’s current practices. These changes serve to provide clarification, specificity, or to update obsolete references. Staff Comments – Recommendation 1.2 The following staff comments (shown in strikethrough/underline) on existing Recommendation 1.2 of the 2014 LHIS report were presented to the committee. These comments are to better align the recommendation with the City’s current practices, including use of the City’s new online ePermit system. These comments also eliminate redundant sub-bullets. 1.2 The Housing Manager and Development Service Center Manager should continue to be the primary and secondary points of contact when submitting affordable housing projects. Through close coordination, these two staff positions should: • Create and oversee an affordable housing “One Stop Streamline Permitting Process.” • Act as a liaison between the developer and all departments involved in the review and permitting process. • Organize and participate in the pre-application meetings. • Provide necessary information and forms to the developer to avoid delays during the application and review process. • Create a process and project requirement checklist for each type of affordable housing projects for each level of review and stage of permitting (i.e., site and building review). • Create a definitive but feasible review timeline for affordable housing projects considering variables such as the type, size and impact in the community depending on the level of review and stage of permitting. • Release to the applicant and all City departments involved at once, written statements for additional requirements and project determinations. • Determine a definitive time period for completion of reviews. • Track the review process through specific forms and communications the City’s online ePermit system. • Report to the developer the status of the application. The committee discussed the modified language as proposed and suggested adding the word “definitive” prior to the phrase “project requirement checklist” in the fifth sub-bullet. The modified sub-bullet language reads as follows: CLW2072.01M 4 of 6 • Create a process and definitive project requirement checklist for each type of affordable housing projects for each level of review and stage of permitting (i.e., site and building review). With this change, the committee supported the inclusion of the modified language for Recommendation 1.2 in the 2017 LHIS report. Staff Comments – Recommendation 2.1 The following staff comments (shown in strikethrough/underline) on existing Recommendation 2.1 of the 2014 LHIS report were presented to the committee. These comments are to update existing Recommendation 2.1 to better reflect the current Pinellas County multi-modal impact fee process, which provides an opportunity for reduced rates if supporting data or studies demonstrate reduced trips for the project. 2.1 Coordinate with Pinellas County, as feasible, to determine how the new multi-modal impact fee may regarding data-based rate flexibility within the multi-modal impact fee to support the provision of affordable housing. The committee raised no concerns with the modified language as proposed and supported its inclusion in the 2017 LHIS report. Staff Comments – Recommendation 5.2 The following staff comments (shown in strikethrough/underline) on existing Recommendation 5.2 of the 2014 LHIS report were presented to the committee. The City’s current Comprehensive Plan policies serve as barriers to affordable housing because the allowance for accessory dwelling units is dependent on adequate lot area, which effectively limits accessory dwelling units to lots that already support two units. These comments are to consider focusing the policies on specific criteria rather than lot area. 5.2 Establish strict compliance standards in the Community Development Code to allow for accessory dwelling units in residential zoning districts consistent with Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8. Such standards could include: Revisit with City Council Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8 to consider allowing one accessory dwelling unit on a residential lot of any size provided that certain criteria are met. Such criteria may include: • Minimum lot size, mMaximum unit size, parking standards, setback and height requirements to ensure neighborhood compatibility. • Occupancy/tenure requirements so that the principal dwelling unit remains owner- occupied, the accessory dwelling unit is not used for short-term rental, and the number of occupants is limited to that which is reasonable for the unit size. The committee raised no concerns with the modified language as proposed and supported its inclusion in the 2017 LHIS report. Staff Comments – Recommendation 11.1 The following staff comments (shown in strikethrough/underline) on existing Recommendation 11.1 of the 2014 LHIS report were presented to the committee. These comments are to update an obsolete Comprehensive Plan policy number reference (A.2.2.2) with the current policy number reference (A.2.2.7) resulting from a recent Comprehensive Plan amendment. No change was made to the policy language since 2014. 11.1 The City should maintain and enforce policies A.2.2.2 A.2.2.7; A.6.8.7; and C.1.4.2 of the City’s Comprehensive Plan. CLW2072.01M 5 of 6 The committee raised no concerns with the modified language as proposed and supported its inclusion in the 2017 LHIS report. Staff Comments – Recommendation 12.1 The following staff comments (shown in strikethrough/underline) on existing Recommendation 12.1 of the 2014 LHIS report were presented to the committee. These comments are to add clarification and specificity to the recommendation, since conversion to mixed-uses is allowed by the City, but only where permitted by zoning district. 12.1 Continue to allow “adaptive reuse” involving the conversion of surplus and/or outmoded buildings including old school buildings, hospitals, train stations, warehouses, factories, etc. to mixed uses where permitted by zoning district. The committee raised no concerns with the modified language as proposed and supported its inclusion in the 2017 LHIS report. Staff Comments – Recommendation 13.1 The following staff comments (shown in strikethrough/underline) on existing Recommendation 13.1 of the 2014 LHIS report were presented to the committee. These comments are to add clarification and specificity to the recommendation. Regarding CPTED, City staff conveyed that it is onerous for the City to maintain CPTED certification and staffing. Regarding handicap accessibility standards, City staff conveyed that Federal and State requirements (e.g. ADA, Florida Building Code, etc.) provide more specific criteria to be met. 13.1 Continue to encourage developers to address recommended design standards for affordable housing developments consistent with Sec. 3-920.A.3.c.i-iii. of the City of Clearwater Community Development Code. Other criteria could include but are not limited to: • Provide direct and visual access to open space for residents • Consider play areas when developing family housing • Provide nighttime outdoor illumination for safety from a variety of sources • Use landscape standards and buffers when required needed to screen avoid nuisances and to separate public and private areas • Centrally-located common facilities • Use Crime Prevention Thru Environmental Design (CPTED) • Comply with Federal and State requirements for accessibility improvements Use handicap accessibility standards (i.e., universal design) The committee discussed the modified language as proposed and suggested retaining the CPTED sub- bullet and adding the phrase “when practical and financially feasible,” indicating that CPTED should be encouraged but not required. The modified sub-bullet language reads as follows: • Use Crime Prevention Thru Environmental Design (CPTED) when practical and financially feasible With this change, the committee supported the inclusion of the modified language for Recommendation 13.1 in the 2017 LHIS report. Other Comments At the conclusion of the November 3, 2017, AHAC meeting, committee member Gaby Camacho provided written comments to City staff regarding the incentive areas by statute. These comments were as follows: • Waive impact fees/lower permit fees CLW2072.01M 6 of 6 •Expedite homeowner qualification approval for down-payment assistance •$10K to affordable housing when housing unit is completed •Monies that private developers pay (fees/fines) should go strictly to affordable housing instead of general operations •Waive infrastructure capacities (sidewalks, sewers, power) •Waive/modify tree replacement fees These comments were accepted by City staff and noted herein. Next Steps City staff and the Consultant will refine the recommendations made at the November 3, 2017, AHAC meeting and present these recommendations and the updated 2017 LHIS report at the joint AHAC/NAHAB public hearing on November 28, 2017, which will be publicly noticed. The AHAC will receive a draft of the updated 2017 LHIS report prior to the public hearing for committee member review and comment. Once approved by the AHAC, the updated 2017 LHIS report will be submitted to City Council. Appendix Economic Development & Housing Department APPENDIX E: Summary of AHAC Recommendations The following summarizes the AHAC’s updated recommendations as outlined in Section II of the LHIS report. The AHAC has reviewed the City’s current practices and will meet on November 28, 2017, to hear the following recommendations to incentivize the provision of affordable housing. Once approved by the AHAC, the recommendations will be presented to City Council on December 7, 2017. E.1 Expedited Review Process Recommendation 1.1 Continue to use the “Request for Expedited Permit Processing for Affordable Housing Activity” form to fast-track affordable housing projects. Recommendation 1.2 The Housing Manager and Development Service Center Manager should continue to be the primary and secondary points of contact when submitting affordable housing projects. Through close coordination, these two staff positions should: • Create and oversee an affordable housing “One Stop Streamline Permitting Process.” • Act as a liaison between the developer and all departments involved in the review and permitting process. • Organize and participate in the pre-application meetings. • Provide necessary information and forms to the developer to avoid delays during the application and review process. • Create a process and definitive project requirement checklist for affordable housing projects for each level of review and stage of permitting. • Create a definitive but feasible review timeline for affordable housing projects considering variables such as the type, size and impact in the community depending on the level of review and stage of permitting. • Release to the applicant and all City departments involved at once, written statements for additional requirements and project determinations. • Track the review process through the City’s online ePermit system. • Report to the developer the status of the application. Recommendation 1.3 Continue to improve customer service toward potential project applicants by: • Maintaining a positive attitude • Offering a quick response time via email or phone calls • Making available project requirements and forms • Utilizing new technology to enhance administrative efficiencies Appendix Economic Development & Housing Department Recommendation 1.4 Publish a brochure or other informational handout for developers that explains the City's development approval and permitting process, including but not limited to: • Relationship between City and County policies and the regulation of land use, density and intensity • City-sponsored incentives for affordable housing such as the "Request for Expedited Permit Processing for Affordable Housing Activity" form and Affordable Housing Density Bonus E.2 Modification of Fees Recommendation 2.1 Coordinate with Pinellas County, as feasible, regarding data-based rate flexibility within the multi-modal impact fee to support the provision of affordable housing. E.3 Flexible Densities Recommendation 3.1 Continue to provide allowance of density flexibility for affordable housing developments. Recommendation 3.2 Maintain specific parameters to grant density flexibility for affordable housing projects as allowed in the Community Development Code within the different zoning districts. Recommendation 3.3 Continue to define the density allowance for an affordable housing project as part of a pre-application meeting prior to formal submission of the civil/site engineering requirements. E.4 Infrastructure Capacity We do not recommend that the City of Clearwater include the reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons as an incentive for the provision of affordable housing. E.5 Accessory Dwelling Units Recommendation 5.1 Continue to allow for accessory dwelling units in nonresidential zoning districts as described within the City’s Community Development Code. Appendix Economic Development & Housing Department Recommendation 5.2 Revisit with City Council Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8 to consider allowing one accessory dwelling unit on a residential lot of any size provided that certain criteria are met. Such criteria may include: • Maximum unit size, parking standards, setback and height requirements to ensure neighborhood compatibility. • Occupancy/tenure requirements so that the principal dwelling unit remains owner-occupied, the accessory dwelling unit is not used for short-term rental, and the number of occupants is limited to that which is reasonable for the unit size. E.6 Parking Reductions Recommendation 6.1 Continue to allow flexible setback requirements for affordable housing developments. Recommendation 6.2 Continue to tie reductions of off-street parking requirements to proximity and access to alternative modes of transportation, including transit, sidewalks, trails, or other options. E.7 Flexible Lot Configurations Recommendation 7.1 Continue to allow flexible lot configurations for affordable housing developments while remaining sensitive to the character and context of existing neighborhoods. E.8 Modification of Street Requirements Because such standards are in place to benefit public health and safety, we do not recommend that the City utilize the modification of street requirements as an incentive for affordable housing. E.9 Pre-Adoption Policy Consideration Recommendation 9.1 As part of its annual reporting, the Economic Development & Housing Department should continue to review all regulations and ordinances that may affect the cost of housing. Appendix Economic Development & Housing Department Recommendation 9.2 Continue the review process maintained by the Senior Executive Team through which any new regulatory instrument created in the City (Ordinances, regulations, etc.) can be evaluated for its effect on housing affordability. E.10 Inventory of Public Lands Recommendation 10.1 The Economic Development & Housing Department should continue to maintain the inventory of publicly-owned land suitable for the development of affordable housing. Recommendation 10.2 Continue to publish the public land inventory owned by the City for affordable housing on the City’s webpage for prospective developers and non-profit agencies for developing affordable housing. Recommendation 10.3 Continue to make publicly-owned land available to prospective developers and non-profit agencies for developing affordable housing. Recommendation 10.4 The Economic Development & Housing Department should coordinate with the Planning & Development Department to identify properties having repeat code violations that may be suitable for rehabilitation, acquisition or demolition for affordable housing. E.11 Proximity to Transportation, Employment & Mixed-Use Development Recommendation 11.1 The City should maintain and enforce policies A.2.2.7; A.6.8.7; and C.1.4.2 of the City’s Comprehensive Plan. E.12 Adaptive Reuse Recommendation 12.1 Continue to allow “adaptive reuse” involving the conversion of surplus and/or outmoded buildings including old school buildings, hospitals, train stations, warehouses, factories, etc. to mixed uses where permitted by zoning district. Appendix Economic Development & Housing Department E.13 Land Development Code Recommendation 13.1 Continue to encourage developers to address recommended design standards for affordable housing developments consistent with Sec. 3-920.A.3.c.i-iii. of the City of Clearwater Community Development Code. Other criteria could include but are not limited to: • Provide direct and visual access to open space for residents • Consider play areas when developing family housing • Provide nighttime outdoor illumination for safety • Use landscape standards and buffers when required to screen nuisances and to separate public and private areas • Centrally-located common facilities • Use Crime Prevention Through Environmental Design (CPTED) when practical and financially feasible • Comply with Federal and State requirements for accessibility improvements E.14 Communication and Marketing of Affordable Housing Recommendation 14.1 Continue to improve current communication channels and marketing materials to reach different stakeholders interested in affordable housing. Some of the suggested actions include but are not limited to: • Prepare marketing materials for the general public in order to promote the different housing programs that the City offers. • Prepare marketing materials that help developers and the general public to understand the application criteria, permitting process, and the number of incentives available for rehabilitation and new construction of affordable housing units in the City. • Make accessible to the public an inventory and a map of suitable residential vacant land available for development. • Include a section on the City’s webpage called, “Affordable Housing Central,” specifically dedicated to the promotion of affordable housing. E.15 Financing Recommendation 15.1 Diversify financial strategies to contribute to the new construction and maintenance of affordable housing. Appendix Economic Development & Housing Department E.16 Partnerships Recommendation 16.1 Develop public and private partnerships for the provision of affordable housing: • Prepare, advertise, and maintain an inventory of affordable housing providers and any other related organization. • Provide mentoring and technical training to current and new affordable housing providers. • Encourage and support joint development opportunities between the private sector and non–profits to develop affordable housing. • Engage lenders in an ongoing discussion with the City relative to underwriting and credit standards, technology solutions, as well as the development of financial products in an effort to maximize the financing options available to potential first-time homebuyers through conventional and other lenders. • Coordinate with Pinellas County joint programs for the provision of affordable housing. • Monitor the development of statewide legislative initiatives to gauge the local impact of their provisions. • Coordinate with the private sector and non-profits to provide homebuyer education, home warranties and other strategies that reduce the ongoing maintenance risk of homeownership. • Partner with the private sector and non-profits to address third-party barriers to affordable housing and to identify appropriate incentives to reduce labor and material costs for developers and maintenance and insurance costs for homeowners. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4082 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Award a Blanket Purchase Order to Encore Broadcast Systems, Inc. of Tampa, FL, in the amount of $563,000 for the purchase of advanced audio-video equipment for Main Library, Fire Station 45, Police sites, Public Utilities sites, and General Services; increase the budget in capital improvement project 315-94890, Advanced Enterprise Audio Visual R and R by $563,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: Vendor selection is in accordance with Sec. 2.564(1) (d), Code of Ordinances - Other government bid. The City will piggyback on Hillsborough Co. School Contract ITB 1411s-EST TV Studio Equipment, Purchase, Installation, Repair and Related Parts. This contract was awarded to Encore Broadcast Systems of Tampa as the qualified vendor to provide procurement and technical design of audio, video, networking, IP Cameras, hearing loop, software licensing, and installation services. The scope of services to be performed includes procurement, design and installation of electronic equipment to upgrade AV equipment in various City facilities (listed above). APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase capital improvement project 315-94890, Advanced Enterprise Audio Visual R&R by $563,000 in reimbursement revenue. User departments will transfer in funding at purchase to provide actual revenues to fund this contract. Page 1 City of Clearwater Printed on 12/1/2017 School Board Susan L. Valdes, Chair Doretha W Edgecomb, Vice Chair April Griffin Sally A. Harris Carol W Kurdell N4elissa Snrvely Cindy Stuart Hillsborou Ob h Coun I]UBLIC SCHOOLS 6ie/buz,a E/.ar,ztaz Superlntendent of Schools MaryEllen Elia Deputy Sup6rlntendent Jeff Eakins Calhy L. Valdes Chlef Buslness Offlcer Gretchen Saunders ^4,E BUSINESS DIVISION January 26,2015 Mr. Douglas Taylor Encore Broadcast Solutions 2104 W. Kennedy Blvd. Tampa, FL 33606 RE: ITB #1411s-EST TV Studio Equipment Purchase, lnstallation, Repair and Related Parts Award start date January 21 , 2015 Dear Mr. Taylor The School Board of Hillsborough County, Florida has awarded your company the above referenced contract. This award is limited to the full item description, specifications, quantities, conditions, and instructions to bidders as contained in the bid document. This is not an authorization to ship the referenced items or to perform referenced servtces. Purchase order(s) will be issued for these items or services, as needed, for the bid period beginning above. lf you have any questions, please contact me at (813) 272-4272. General Manager of Procurement Jean R. Bowman Sincerely, Dbtri lv lsned b/ Tq, solo on I e ri 5o I o m o n ii:rlir;Tr",l.;*ird;iilli,"""'"' Raymond O. Shelton School Admlnlstrative Center. 901 East Kennedy Btvd. . Tampa, FL 33602-3507 Procurement Deparlmentr 813-272,4327; Suncom 547-4327, Fax (813) 272:€90; Main Office (8j3) 272-4OOO P.O. Box 3408 . Tampa, FL 33601^3408 . Email: teri.sotomon @sdhc.kf 2.fl.us . Websilet www.sdhc.k j 2.fl.us HILLSBOROUGH COUNTY PUBLIC SCHOOLS- PROCUREIVIENT DEPARTMENT901 EAST KENNEDY BOULEVARD, TAIVIPA, FLORIDA 33602ITB #141 1s-EST TV Studio Equipment-Purchase, lnstallation, Repair, and Related partsFailure to file a protesi within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law withinthe time allowed for flling a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.74 bids were sent to vendors.4 vendors responded to the bid. Their bids are tabulated and the recommended award is shaded70 vendors did not respond at all,FAXNUMBER(770) 720-0777(813\ 2s4-5907(727) 530-9543(813) 653-2949TELEPHONENUMBER(7701720-0222(813) 253-277 4(727) 536-2232(813) 653-2690CONTACTPERSONDaniel MendoncaDouglas TaylorJim Towers, JrEric BlomquistHCPS OSDREGISTEREDNYNNJanuary 21,2015 through January 20, 2016December 3, 2014Jan ua20, 2015Technology Customer Service and SupportAWARDEDVENDORNYNYAWARDED FROMDATE OPENEDDATE AWARDEDDEPARTMENTDESCRIPTION OF ITB: Hillsborough County Public Schools issued an lnvitation to Bid from qualified firms to provide for the purchase, installation, andrepair of TV studio equipment and related parts, as needed throughout the districtRESPONDING VENDOR(S)EDCO-Education Consultants, lnc.1201 Roberts Blvd., Suite 100, Kennesaw, GA 30'144Encore Broadcast Solutions2104 W Kennedy Blvd.,Tampa, FL 33606Jersey Jim Towers17722 US Highway 19 N., Clearwater, FL337UTroxell Communications, lnc.1971 W. Lumsden Rd., PMB 148, Brandon, FL 3351'1 HILLSBOROUGH COUNTY PUBLIC SCHOOLS- PROCUREMENT DEPARTMENT901 EAST KENNEDY BOULEVARD, TAMPA, FLORIDA336022TroxellCommunications,lnc.Jersey Jim Towers328.002,290.O02,380.001 ,280.00990.00265.00190.001 19.0023,990.00890.00740 0039.8028.10710.40690.00Encore BroadcastSolutionsiti:,f*{*i#9.dffi-ttt.i#l*,iiirf{,*-s,itra16tfi!.$,ffiffi.%ffi8ii1x,i1.-#${i#ffilffifiEDCO-EducationConsultants, lnc.UOMEAEAEAEAEAEAEAEAEAEAEAEAEAEADescriptionCamcorder, Canon Vixia HFR40Camcorder, Panasonic AG-HMC80PJ 3MOS AVCCAM4 lnput Switcher System, Data Video SE-500K|T4 lnput Switcher, SE-500Monitor, TLM702Monitor Holder, RKM572Microphone, Lavalier, Shure l\4X1 83Microphone, Lavalier, Shure SM586LC 20Production System. NewTek Tricaster, 455Microphone, Wreless, Sennheiser EW 135PG3Lamp, Studio, Lowel FLE 400CMLamp, Studio, Lowel FLE 200CMLamp, Studio, Lowel FLS 55TU 3200KFoam, Widescreen, Audio-Technica AT81 54Microphone, Wreless, Sennheiser EW 112PG3ITB #141 '1s-EST TV Studio Equipment-Purchase, lnstallation, Repair,and Related PartsItem1245o78o10111'131415 HILLSBOROUGH COUNTY PUBLIC SCHOOLS- PROCUREMENT DEPARTMENT901 EAST KENNEDY BOULEVARD, TAMPA, FLORIDA336023TroxellCommunications,lnc.Jersey Jim Towers2,294.002,294.006,990.008,210.0016,490.00Encore BroadcastSolutionsffi1ffi*trs-%'6EDCO-EducationConsultanls, lnc.2,015.005,015.007,015.008,025.0015,025.00UOMEAEAEAEAEAEAEAEAEAHREAEAEADescriptionControl Surface, Newtek, TC4OCSControl Surface, Newtek, TC40EControl Surface, Nelvtek, Tricaster 460CSControl Surface, Newtek, Tricaster 860CSControl Surface, NeMek, Tricaster 8000CSSound SVStem Packaqe, System lllSound Svstem Packaqe, Svstem llSound Svstem Packaqe, Svstem IService Call CharqeLabor Rate, durinq normal school hourslnstallation, Lightinq Fixture, Mounted in Ceiling Gridslnstallation. Lighting Fixture. Mounted in Pipe Gridslnstallation, Lighting Fixture, Mounted on Light StandsBalance of Line-All Proposed Manufacturers and OtherRelated Parts, Supplies, and AccessoriesITB #141 15-EST TV Studio Equipment-Purchase, lnstallation, Repair,and Related PartsItem1b17'1819202122a')242516272829 Hillsboro-Cq_qsryPUBLIC 5CHOOL5fu&t<zrzfuddn13.4 PRICING"Bid only, "only" , "or Equal","Approved Brands", "No substitutes" - When an item appearing in this bid document is listed by a registered trade name and thewording "no substitute, bid only or only" is indicated, only that trade-named item will be considered. specifications in this document may reference specificmanufacturers' products and list their model or part numbers, followed by the words "or equal", or "approved brands,,. Unless the words ,.only,, or ,,Nosubstitutes" is used in place of "or equal", these references are intended to establish a quality and performance standard only. Anything listed, herein, of aproprietary nature is done so without express knowledge or intent to exclude other manufacturers'products from consideration. All changes are indicated inRED text.3tdUnit Price"[zt,eoo151I,1{1fiIL:O#iil s,zT-tY: .-It""l,9qt.f,qqEstimatedquantity3410t455s201Bid Only/ Or Equal8€+d€€fy€O++q{€ltr Bid Only/ nOr Equaltr Bid Only/ nOr Equaltr Bid Only/ nor Equaltr Bid Only/ nOr EqualI Bid Only/ nOr EqualI Bid Only/ nOr EqualI Bid Only/ DOr EqualI Bid Only/ lOr Equaltr Bid Only/ lor EqualDescription (Brand Model)€am€erder' 3e€D, nVeHD Pa nar€.+i€+€H+4€8op!D ELETE ITEMCamcorder, Canon Vixia HF R50 KITCamcorder, Panasonic AG-HMC8OPJ 3MOS AVCCAM HD Shoulder-Mount Camcorderwith HD & SD Recordinger System, Data Video SE-500K1T, to include SE-5OO 4 lnput switcher,4 lnput SwitchT1N,4702 Monitor, RKM572 Holder4 lnput Switcher, SE-500Monitor, TLM702Monitor Holder, Data Video RKMS72M icrophone, Lavalier, Shure MX183M icrophone. Handheld, Shure SM58LCProduction System, NewTek Tricaster, 455Tltctsret-,lt€6Item #+2345678910 Unit Price8,lg?7,Szg5Dn581?E4t -Lng?eocotf S,l#u,4ql€'aL\4tL'I\EstimatedQuantity34307225L7L7Bid Only/ Or EqualI Bid Only/ DOr EqualE 8id Only/ DOr Equaltr Bid Only/ nOr Equaltr Bid Only/ flOr Equat2I Bid Only/ nOr EqualI Bid Only/ DOr Equaltr Bid Only/ lOr Equaltr Bid Only/ lor EqualI Bid Only/ lOr EqualI Bid Only/ lor EqualPackage Price: 5 A-l A *,L L,551Package Price: $"9Description (Brand Model)Lighting Fixture, Studio, Lowel FLE 4OOCMtr Bid Only/ trOr EqualLighting Fixture, Studio, Lowel FLE 2O0CMLighting Fixture, Studio, Lowel FLS 55TU 3200KFoam, Widescreen, Audio-Techn ica AT8154Microphone, Wireless, Sennheiser EW 112pG3Microphone, Wireless, Sennheiser EW 135pG3Control Surface, Newtek, TC4OCSControl Surface, Newtek, TC4OEControl Surface, Newtek, Tricaster 460CSControl Surface, Newtek, Tricaster 860CSControl Surface, Newtek, Tricaster SOOOCSSystem Package, System lll, to include the following componentsPeavey Escort 600, PVi microphone with cable, digital multi-effects, USB/Mp3 player,blue tooth, FLS feedback location, folding speaker stands, all cables and wheels. 600watt/g channel stereo.Soundage, System ll, complete turnkey plug and play system to include thefollowing components:(1) PVi8500 mixer/amp with btue tooth, (1) Monster power AC strip (pRo600), (1) MRC-80 open rack, {1) UCD 100 CD/USB ptayer 9-rack, (2) PSS98O speaker stands, (2) pVX12speakers, (2) 25 ft. Speakon speaker cabtes, (1) PVMSpl microphone/boom stand/cable400 watt dua I amplifier.Sound System PackItem f1,1,72131,4151,677181,9202T2265L4/14't Package Price: $f=3,,l4s/EAI s-- lt*spt1-tas/HR57s/HR7{- rn^sDescription (Brand Model)age, System I, complete turnkey plug and play system to include thefollowing com ponents:(1) ProLok 16 rolling rack case with mixer rack, (1) pVl4USB Mixer, (1) UCD 1OO CD/Mp3player (rack), (1) PV tPR3OOO power amp with processor, {1) Blue Deck blue tooth rack,(2) PVX15 speakers, (1) Audio Technica System 10 wireless microphone (digital), (2)PSS980 speaker stands, (1.) Monster power AC Strip (pRO600), (2) 25 ft. speakonspeaker cables. All components wired to mixer, (2) speakon 4-pole mounts on side ofrack for speaker connections, and cable for iphone/computer input. 3OOO watt.Sound System PackService Ca ll ChargeLabor Rate, during normal school hourslnstallation, Lighting Fixture, lvlounted in Ceiling Gridslnstallation, Lighting Fixture, Mounted in pipe Gridslnstallation, LightinB Fixture, Mounted on Light StandsItem #?.42526272A29E Cnrqroe/RcurED aARTSlf box is checked the following applies to this bid. please complete as applicableExceptionsDiscount % off ListPricingt5%t 5'Llt /"tiy.io\{quantity Breaks (ifapplicable)Description (Catalog Name & year)(lf applicable)Discount pricing will be used forunspecified miscellaneous related items,also referred to as "Balance of Line,, orcatalog items. Any discounts offered willremain firm for the contract term.Balance of Line-AcerBa lance of Line-APCBalance of Line-Audio TechnicaBalance of Line-BoganBa lance of Line-Canon72tt Exceptions*trn* o+ rrja^l$ee czt{o.kA..oDiscount % off ListPricing0D.-g,/oi5at542t5"lcquantity Breaks (ifapplicable)Description (Catalog Name & Year)(lf applicable)Discount pricint will be used forunspecif ied miscellaneous related items,also referred to as "Balance of Line,, orcatalog items. Any discounts offered willremain firm for the contract term.Balance of Line-Data VideoBalance of Line-EatonBalance of Line-LGBa lance of Line-LowelBalance of Line-NewtekEalance of Line-sennheiserBalance of Line-PeaveyBalance of Line-ShureBalance of Line-TECBalance of Line-TrlcasterBalance of Line-All Other Related parts,Supplies, and AccessoriesA"i€Nr4trrothOth erOtherII81?1n ENCORE BROADCAST SOLUTIONS 2104 West Kennedy Blvd. Tampa, Florida 33606-1535 Ph (813) 253-2774 Fax (813) 254-5907 Websitc: wwrv.encorebroadcast.com Email: dtavlor@cncorcbroadcast.com RE: ITB# 1411S-EST - TV Studio Equipment List of Manufacturers and Discount Off MSRP ENCORE is an authorized dealer for each of the manufacturers listed. ENCORE offers a 15% discount off of MSRP for the following manufacturers Page 1 of 3 Acme Micro Systems Adobe AJA Altinex AMX Analog Way Anchor Audio Angenieux Anton Bauer APC Applied Magic ARRI Atlas Sound Atlona Audio-Technica Audix AVID Avitech AXIS Communications Barco BEC Group Behringer Belden BenQ Beyerdynamic BiAmp Systems Bittree Blackmagic Design Blonder Tongue Boland Bosch Communications Brightline Broadcast Pix Burst Electronics Lectrosonics Leightronix LG Libec LifeSize Light Source Link Electronics Listen Technologies LiveStream Logitech Lowel Lighting Mackie Designs Manfrotto Tripods Marshall Electronics Master Clock Matrox Matthews Studio Equipment Microboards Technology Middle Atlantic Products Miller Tripod Systems Mirror lmage Mohawk Cables Moog Music 2 Hues Nady Systems Navitar Network Technologies Neutrik Newtek Olympic Cases Optima Panasonic Professional Paso Sound Peerless-AV ENCORE BROADCAST SOLUTIONS 2104 West Kennedy BIvd. Tampa, Florida 33606-1535 Ph (8I3) 2s3-2774 Fax (813) 254-5907 Website: www.cncorcbroatlcast.com EmaiI: d tavlor@cncorebroadcast.com Manufacturers Continued Page 2 of 3 Calzone Cases Canon USA Century Precision Optics Chief Manufacturing Chimera Lighting ChyTV ChyronHego Cisco Systems Clark Wire & Cable Clear-Com Cobalt Digital Communications Specialties Compix CG Comprehensive Cable Countryman Crestron Electronics Crown Audio Dalite Screens DataVideo DBX Professional DeSisti Digital Projection Dorrough Draper DSan Eartec eDIROL Eiki Elation Electro-Voice Elmo Ensemble Designs Epson ESE Extron Electronics FEC Rackmounts Fibertronics FM Systems FOR-A Forecast Consoles FrameRate Pelican Cases PESA Planar Porta-Brace PreSonus Prime Time Lighting Prompter People Radio Design Labs Rapco / Horizon Raxxess Racks Rip-Tie Rode Microphones Roland Rolls Ross Video Sabine Sachtler Samson Samsung Schneider Optics Sennheiser Sharp Shinning Technologies Shure Sierra Video Smith Victor Sony Professional Soundsphere Stedicam SVSI Switchcraft Switronix Tascam / TEAC TBC Consoles Telemetrics Telex Thales Tiffen Tightrope Media Systems TOA ToteVision ENCOHE BROADCAST SOLUTIONS 2104 Wcst Konnedy Blvd. Tampa, Florida 33606-1535 Ph (813) 2s3-2774 Fax (8r3) 2s4-s907 Website: www,cncorcbloadcast,corn Email: dtavlor@encorcbrondcast.com Manufacturers Coniinued:Page 3 of 3 F rezzi FSR Fujinon Lenses Furman Gefen Gentner Gepco Grass Valley HaiVision Hile's Curtains Hitachi HME Hosa Hotronic Hewlett-Packard lkan JBL JonyJib Juice Goose JVC Professional Kata Bags Knox Video Kramer Electronics KWorld LaCie Leader lnstruments TurboSound TV One / Magenta VAC Vaddio VariZoom Videotek Videssence Viking Cases Vinten Visionary Solutions Vutec We Present Wescott West Penn Winsted Wolfuision -Freight Charges will be added to Forecast, TBC, & Winsted Furniture ENCORE will also offer a 15o/o discount off MSRP on additional items/manufacturers required to complete a TV Studio and Sound Reinforcement Facilities. All other manufacturers will be shipped FOB Destination. Sign Date 12-0'7 ?,Bl Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4066 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the purchase of HVAC replacement and repair parts in the amount of $300,000 for Fiscal Year 2017/18, to vendors as listed, in accordance with City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, to include other sourced vendors as required, and authorize the appropriate officials to execute same. (consent) SUMMARY: A majority of B&M HVAC purchases for equipment replacement and repair parts have been made as sole source buys direct from the manufacturer or manufacturer ’s distributor, or by piggybacking other entities’ contracts. The authorizations for sole source and /or piggyback contracts have been brought to Council each time the source -specific expenditures are expected to exceed $100,000 within a single year, as required by city code. This request consolidates the authorization to utilize properly sourced piggyback contracts and /or sole source manufacturers and distributors, not limited to the following: ·Tampa Bay Trane - US Communities (Contract # 15-JLP-023 expires 9/30/2022) ·Florida Cooling & Supply - Distributor (Heil, Copeland, Honeywell, Larkin, Tempstar, Grandaire, Arcoaire, Manitowoc and associated parts, controls, motors and tools) ·Johnstone Supply - Distributor (Westinghouse, Daiken, Coleman, CDI, and Goodman and associated parts, controls, motors, and tools) ·United Refrigeration - Distributor (Mitsubishi, Fijitsu, Bohn, Airtemp, Nordyne and associated parts, controls, motors, and tools) ·RE Michel Company - Distributor (Heil, Arocaire, Tempstar, Tecumseh, Copeland and associated parts, controls, motors, and tools) The estimated 20% of annual parts spend that is not sole source or piggyback is with vendors who are contacted for quotes. Additional vendors will be engaged as needed. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: 565-06531-546200-519 Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4066 315-94510-546200-590 Page 2 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4084 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a proposal from Construction Manager at Risk, Khors Construction, Inc. of Thonotosassa, FL, in the amount of $375,267.19 for improvements to Pier 60 - Project KC-1801 and authorize the appropriate officials to execute same. (consent) SUMMARY: August 4, 2016, City Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts Biltmore Construction Co., Inc. of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and Wharton-Smith, Inc. of Sanford, FL. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications 24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. The proposal from Khors Construction provides for the replacement of the roof, fascia, soffit, siding and windows on the Bait House and roof replacement on the 6 pavilions to include new fascia, and the cleaning and coating of all tie downs. This project is a result of the exposure that this building and pavilions has had being exposed to the harsh elements located out over the water since it was built in 1992. Work shall commence upon award and execution of the proposal and will be completed 90 calendar days from the notice to proceed date. APPROPRIATION CODE AND AMOUNT: 0315-94514-530300-519-000-0000 $375,267.19 Page 1 City of Clearwater Printed on 12/1/2017 10/16/17, 12)57 PMProject Report Page 1 of 4http://www.thebluebook.com/wsnsa.dll/WService=wsbrk1/wopcont…ame%5E10/16/2017%5E46500%5E1%5E%5E00%2C06%2C07%5Eany%5E1%7C8 BB-Bid Report Project: Pier 60 Re-Roof & Replace Siding Today's Date: 10/16/2017 Report Type: Contact Sheet by Name Indicates vendors that responded from "BidScope" _________________________________________________________________________________________________________________________________ 00- Procurement & Contracting Requirements Rank Bid Status Last Msg Contact Phone Fax Method 000090- Miscellaneous Vendors LCY Construction - Viewed N/A Lenny Yee 800-716-9391 914-406-0800 Email moyersmw@gmail.com Summit Building Services, LLC - Not Bidding N/A Rodney Maurer 269-441-3518 269-441-1825 Email itbmessenger@thebluebook.com rodneym@summitgroupcompanies.com shannong@summitgroupcompanies.com Sunrise Air & Heating - Not Bidding N/A Rick Muldoon 386-847-8966 Email sunriseaircond01@yahoo.com 06- Wood, Plastics & Composites Rank Bid Status Last Msg Contact Phone Fax Method 060110- Carpentry Contractors Coyle Construction, Inc. - Viewed Lynda Coyle 813-839-1407 813-831-9107 Email lynda.coyle71@gmail.com Crosman Commercial Contracting - Invited David Crosman 407-353-2826 888-367-6689 Email nlee@mail.thebluebook.com Harbor Point Construction LLC - Invited Michael Wideman 941-587-4428 941-429-8530 Email mikewideman@verizon.net Home Safe LLC - Invited Ward Farley 813-890-8809 813-890-8819 Email HOME.SAFE@VERIZON.NET J.M. Framing, Inc. - Invited Jay Morecraft 727-944-4476 727-943-7573 Email jmframing1@verizon.net Kent Co. Construction of S.W. Florida 1 Invited Clay Kent 941-779-6887 941-322-1862 Email KENTDATA@YAHOO.COM Leveltech, Inc. - Invited Mark Pernell 904-237-6312 386-423-1285 Email mpernell@yahoo.com Lewis, Bryan David 1 Invited Bryan David Lewis 352-341-4865 Email topherlewis@gmail.com McKibbin Enterprises, Inc. - Invited John McKibbin 352-209-0565 Email mckibbindavid87@gmail.com Pelican Building Contracting, Inc. - Invited Danny Coleman 813-265-9765 813-265-4608 Email d.coleman@pelicanbuilding.com RG Coastal Contractors - Invited Annika Martin 321-412-2737 321-285-3498 Email annikargcoastal@gmail.com Seacoast Constr. Svcs. - Invited Terry Crawley 352-684-5182 352-684-5184 Fax Snow Construction Group, Inc. - Invited Jennifer Snow 904-534-3291 904-221-7524 Email JSnow@snowcg.com Turnkey Lumber Corporation - Invited Juliano Fernandes 978-798-1370 781-305-3581 Email juliano@turnkeylumber.biz Woodshop of Tampa, The - Invited Charlie Salerno 813-231-4134 813-231-4134 Email allinallinc@ymail.com 07- Thermal & Moisture Protection Rank Bid Status Last Msg Contact Phone Fax Method 070151- Roofing Contractors Aderhold Roofing - Invited Brian Aderhold 813-681-3735 813-567-2380 Email robbie@aderholdroofing.com Armored Metal Roofs, Inc. - Invited Ken Durden 904-725-4197 904-725-4139 Email itbmessenger@thebluebook.com ken@metalroofpro.com matt@amwcontracting.com Barber & Associates, Inc. - Viewed Tim Walker 321-507-5301 Email tim@barberlakeland.com Binns, Robert, Roofing, Inc. - Invited Robert Binns 863-984-9685 863-984-9688 Email Binnsroofing@aol.com Dynasty Building Solutions - Invited Ed Huertas 813-440-3740 844-573-0857 Email edhuertas55@gmail.com Elite Roofing Services, Inc. - Bidding Camille Austin 813-630-0800 813-630-0081 Email camille@eliteroofingservices.com Florida State Roofing & Constr., Inc. - Invited Chuck Floyd 941-379-2501 941-755-4680 Email fl.st.plans@hotmail.com Gulf to Bay Builders LLC - Invited Ken Mourtos 813-253-3555 813-253-3552 Email 10/16/17, 12)57 PMProject Report Page 2 of 4http://www.thebluebook.com/wsnsa.dll/WService=wsbrk1/wopcont…me%5E10/16/2017%5E46500%5E1%5E%5E00%2C06%2C07%5Eany%5E1%7C8 kmourtos@gtbbuilders.com HanCo Roofing Services Inc. 1 Invited Owen Hansford 727-585-7400 727-585-7405 Email o.hansford@hotmail.com Hendrick Roofing Inc. - Invited Danielle Hendrick 727-531-1025 727-535-5098 Email danielle@hendrickroofing.com New South Systems, Inc. - Invited Terrill Parham 850-671-3333 850-671-2678 Email rickynss@embarqmail.com Sheppard Roofing Service Inc. - Invited Gregg Harrison 863-965-2727 Email gregg.sheppardroofing@gmail.com Southern Style Roofing, Inc. - Invited Gerald Drosky 407-359-8147 407-359-8136 Email ssciofflorida@gmail.com Statewide Roofing & Sheetmetal, Inc. - Invited Gordon Glandt 863-686-1451 863-688-5889 Email statewide851@hotmail.com Westfall Roofing - Invited Ryan Westfall 813-264-5690 813-889-3818 Email ryan@westfallroofing.com 070155- Roofing Contractors (DBE,WBE) Elite Roofing Services, Inc. - Bidding Camille Austin 813-630-0800 813-630-0081 Email camille@eliteroofingservices.com 070500- Roofing Materials 1st Coast Metal Roofing Supply - Invited Mark Donlan 386-325-0242 386-326-4260 Email lmullenax@1stcoastmrs.com Alberson's Tile Roof Glaze, Inc. - Invited Michelle Alberson 417-247-1861 813-247-1863 Email M.ALBERSON@HYDRO-SHEEN.COM All Foam Roofing - Invited Steve Rice 877-836-2648 813-246-5217 Email JOSH@SPRAYFOAMUSA.COM AMSI Supply - Invited Paula Horsley 800-943-9771 770-920-6838 Email phorsley@amsisupply.com ABC Supply Co., Inc. - Invited Frank Lewis 727-522-7523 727-522-8102 Email LEWIS.FRANKA@GMAIL.COM Carlisle Coatings & Waterproofing - Invited Michael Dodd 888-229-0199 972-517-3129 Email sales@carlisleccw.com Discount Metal Mart Metal Systems Inc. - Invited Steve Waller 813-752-7088 813-759-0647 Email pcmetalshop@gmail.com Eco-Roofs, LLC - Invited Homer Trecartin 269-471-7408 269-471-2495 Email questions@eco-roofs.com JGA Beacon - Invited Jim Coston 813-386-4444 813-986-5874 Email sales@jgabeacon.com Miami Metal Deck - Invited Peter Muskovac 305-760-2575 305-974-4431 Email pmuskovac@mmdeck.com Roofing Supply Group LLC - Invited Steve Rajavich 813-740-8790 813-740-8796 Email Srajavich@rsgroof.com Sheffield Metals - Invited Dave Stubbs 877-375-1477 303-576-8615 Email sheffieldmetalsbid@gmail.com Suncoast Roofers Supply - Invited Rick de la Rosa 813-664-8686 813-653-1340 Email rdelarosa@srsicorp.com Sunniland Corp. - Invited Brent Binns 863-967-8888 863-967-8819 Email winterhaven@sunnilandcorp.com Tyers, Clyde, Roofing Co. - Invited Clyde Tyers 863-858-1273 863-859-3181 Email MKT6247@AOL.COM 074000- Siding Contractors Aderhold Roofing - Invited Brian Aderhold 813-681-3735 813-567-2380 Email robbie@aderholdroofing.com Barber & Associates, Inc. - Viewed Tim Walker 321-507-5301 Email tim@barberlakeland.com Binns, Robert, Roofing, Inc. - Invited Robert Binns 863-984-9685 863-984-9688 Email Binnsroofing@aol.com DX Trim Enterprise LLC - Invited Cimar Duarte 407-683-3932 407-483-3923 Email duarteintercorp@aol.com Dynasty Building Solutions - Invited Ed Huertas 813-440-3740 844-573-0857 Email edhuertas55@gmail.com Elite Roofing Services, Inc. - Bidding Camille Austin 813-630-0800 813-630-0081 Email camille@eliteroofingservices.com Florida State Roofing & Constr., Inc. - Invited Chuck Floyd 941-379-2501 941-755-4680 Email fl.st.plans@hotmail.com Gulf to Bay Builders LLC - Invited Ken Mourtos 813-253-3555 813-253-3552 Email 10/16/17, 12)57 PMProject Report Page 3 of 4http://www.thebluebook.com/wsnsa.dll/WService=wsbrk1/wopcont…me%5E10/16/2017%5E46500%5E1%5E%5E00%2C06%2C07%5Eany%5E1%7C8 kmourtos@gtbbuilders.com HanCo Roofing Services Inc. - Invited Owen Hansford 727-585-7400 727-585-7405 Email o.hansford@hotmail.com Hendrick Roofing Inc. - Invited Danielle Hendrick 727-531-1025 727-535-5098 Email danielle@hendrickroofing.com A & E Remodeling LLC - Invited Al Donald 727-502-0240 727-502-9610 Email jdonald@aeremodelingllc.com Proside Exterior of Jax - Invited Michal Brantley 904-619-1219 904-619-9560 Email mbrantley@proside.comcastbiz.net Sheppard Roofing Service Inc. - Invited Gregg Harrison 863-965-2727 Email gregg.sheppardroofing@gmail.com Statewide Roofing & Sheetmetal, Inc. - Invited Gordon Glandt 863-686-1451 863-688-5889 Email statewide851@hotmail.com Westfall Roofing - Invited Ryan Westfall 813-264-5690 813-889-3818 Email ryan@westfallroofing.com 074600- Siding 84 Lumber Co. - Invited 904-278-8460 904-278-8470 Email mgr@1309.84lumber.com ABC Supply Co., Inc. - Invited Chris Muncy 727-571-1728 727-571-1438 Email chris.muncy@abcsupply.com ABC Supply Co., Inc. - Invited Joe Culler 863-607-4488 863-607-4499 Email JCULLER@BRADCOSUPPLY.COM All Pro Building Products, Inc. - Invited John Ingoldsby 904-669-8034 Email IngoldsbyJohn@gmail.com Clearwater Aluminum Products, Inc. - Not Bidding Jim Clements 813-855-7738 813-855-0907 Email clrwtraluminum@aol.com Lansing Building Products - Invited Tim Robinson 904-519-1227 904-519-1301 Email t.robinson@lansingbp.com Lansing Building Products - Invited Jeff Wietholter 813-963-7033 813-963-7915 Email j.wietholter@lansingbp.com Peninsular Lumber Co., Inc. - Invited Greg Denome 813-875-8805 813-875-8813 Email greg@penlumber.com Roofing Supply Group - Invited Mark Toth 813-565-4630 727-565-4628 Email mtoth@rsgroof.com Westlake Manufacturing, Inc. - Invited Larry Westlake 863-603-0422 863-413-1458 Email lkw7711@verizon.net 076000- Flashing and Sheet Metal Access Welding & Fabrication, Inc. - Invited Greg Seufzer 813-982-1408 866-476-9353 Email brooksseufzer@gmail.com Aderhold Roofing - Invited Brian Aderhold 813-681-3735 813-567-2380 Email robbie@aderholdroofing.com All Weather Heating & Cooling, Inc. - Invited Wes Humphries 352-867-0019 352-867-0916 Email all-weather@embarqmail.com Barber & Associates, Inc. - Viewed Tim Walker 321-507-5301 Email tim@barberlakeland.com Binns, Robert, Roofing, Inc. - Invited Robert Binns 863-984-9685 863-984-9688 Email Binnsroofing@aol.com Dynasty Building Solutions - Invited Ed Huertas 813-440-3740 844-573-0857 Email edhuertas55@gmail.com Elite Roofing Services, Inc. - Bidding Camille Austin 813-630-0800 813-630-0081 Email camille@eliteroofingservices.com Florida State Roofing & Constr., Inc. - Invited Chuck Floyd 941-379-2501 941-755-4680 Email fl.st.plans@hotmail.com Gulf to Bay Builders LLC - Invited Ken Mourtos 813-253-3555 813-253-3552 Email kmourtos@gtbbuilders.com HanCo Roofing Services Inc. - Invited Owen Hansford 727-585-7400 727-585-7405 Email o.hansford@hotmail.com Hendrick Roofing Inc. - Invited Danielle Hendrick 727-531-1025 727-535-5098 Email danielle@hendrickroofing.com Sheppard Roofing Service Inc. - Invited Gregg Harrison 863-965-2727 Email gregg.sheppardroofing@gmail.com Statewide Roofing & Sheetmetal, Inc. - Invited Gordon Glandt 863-686-1451 863-688-5889 Email statewide851@hotmail.com Westfall Roofing - Invited Ryan Westfall 813-264-5690 813-889-3818 Email ryan@westfallroofing.com The Williams Solutions Group, Inc. - Invited TJ Williams 352-727-8044 352-727-8044 Email t.williams@williams-solutions.com 10/16/17, 12)57 PMProject Report Page 4 of 4http://www.thebluebook.com/wsnsa.dll/WService=wsbrk1/wopcont…me%5E10/16/2017%5E46500%5E1%5E%5E00%2C06%2C07%5Eany%5E1%7C8 076200- Sheet Metal Flashing and Trim Access Welding & Fabrication, Inc. - Invited Greg Seufzer 813-982-1408 866-476-9353 Email brooksseufzer@gmail.com Binns, Robert, Roofing, Inc. - Invited Robert Binns 863-984-9685 863-984-9688 Email Binnsroofing@aol.com Century Metal Products, Inc. - Invited Tim Dewald 407-293-8871 407-521-2041 Email Inccentury@gmail.com Clearwater Aluminum Products, Inc. - Not Bidding Jim Clements 813-855-7738 813-855-0907 Email clrwtraluminum@aol.com Commercial Sheet Metal Systems, Inc. - Invited Kenneth Hess 904-388-1398 904-206-4436 Email khess@csms1.com Florida Metal Products, Inc. - Invited Clark Jones 904-783-8400 904-783-8403 Email flamco@flamco.com Hendrick Roofing Inc. - Invited Danielle Hendrick 727-531-1025 727-535-5098 Email danielle@hendrickroofing.com Kens Custom Gutters, Inc. - Invited Francis Bledsoe 321-631-9019 321-631-4450 Email info@kenscustomgutters.com Protech Products, Inc. - Invited Timothy Eason 407-328-5300 407-328-5250 Email teason@protechemail.com Statewide Roofing & Sheetmetal, Inc. - Invited Gordon Glandt 863-686-1451 863-688-5889 Email statewide851@hotmail.com 077200- Roof Accessories Acudor Products, Inc. - Invited Alan Karp 800-722-0501 973-575-5160 Email info@acudor.com Coastal Roofing Supply - Invited Scott Andrews 727-540-0300 727-540-0339 Email byarmesch@coastalroofingsupply.com Englert, Inc. - Invited Louis Santagata 772-332-5198 813-612-5781 Email c.barnes@englertinc.com LadderPort - Invited Michele Oras 800-770-8851 248-486-2600 Email itbmessenger@thebluebook.com gherczeg@mail.thebluebook.com sales@ladderport.com Lane-Aire Manufacturing Corporation - Invited Brian Harms 951-808-3658 310-604-3395 Email dharms@lane-aire.com M.D. Pest Control & Seamless Gutters - Invited Michael Draves 813-996-7151 813-996-7110 Email md_seamless@yahoo.com O'Keeffe's Inc. - Invited Diana San Diego 888-653-3333 888-653-4444 Email info@okeeffes.com Roof Hugger, Inc. - Invited Dale Nelson 800-771-1711 877-202-2254 Email sales@roofhugger.com Suncoast Roofer's Supply, Inc. - Invited Brian Morris 727-535-9596 727-535-9528 Email nthompson@srsicorp.com Sunniland Corp. - Invited Tollie Frank 800-432-1130 407-324-5784 Email cfrank@sunnilandcorp.com ________________________________________________________________________________________________ Report Criteria: Contact Sheet by Name Project: Pier 60 Re-Roof & Replace Siding Group: All Category: All Vendor Rank: 1 To: - Bid Status: Awarded(0),Bidding(4),Interested(0),Viewed(),Bid Received(0),Invited(96),Not Messaged(0),Not Bidd Indicates vendors that responded from "BidScope" Construction Manager at Risk Contract This CONTRACT made and entered into this 22Y41 da.1cj.So+L2D to by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City" or "Owner", and ko' Y-ka-aa a7aw. , Pr stiko : of the Kha, s(onOrvai: a.. InL, County Pinellas and State of Florida, hereinafter designated as the "Construction Manager". The contracting entities shall collectively be known as the "Parties." WITNESSETH: WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach on appropriate projects as determined by the City's Engineering Department; and WHEREAS, the City desires that the Construction Manager perform the management of the necessary construction, design, and preconstruction services (collectively referred to as the Services) on an as- needed basis subject to the terms and conditions set forth in this agreement and any agreement incorporated into this agreement by reference. NOW, THEREFORE, IT IS AGREED BY THE PARTIES: ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS 1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration of the sums of money, as herein after set forth to be paid by the City to the Construction Manager, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this contract. 1.2 For each individual project assigned, in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. 1.3 Unless otherwise specified in this contract, all work shall be completed in accordance with Section III and Section IV of the City of Clearwater Contract Specifications (the Specifications). For the purposes of this contract, the term Contractor in Section III shall include the Construction Manager. The Specifications, as may be supplemented and changed, along with this Contract constitute the Contract Documents." In the event there is any conflict between this Contract and the Specifications, this Contract shall take precedence except that the GMP PROPOSAL dated Tf5 D in the amount of $ T B D is expressly incorporated and made part of this Agreement. Further, the GMP Proposal shall be determinative and control in the event of any conflict, discrepancy, absence of information and / or term or condition to the contrary. Page 1 of 12 ARTICLE 2: CONSTRUCTION MANAGER'S DUTIES AND STATUS 2.1 The Construction Manager recognizes the relationship of trust and confidence established between it and the City by this Agreement, and agrees with the City to furnish its best skill and judgment and the overall supervision of its executives; to furnish efficient business administration and superintendence; and to use every effort to keep upon the project site at all times an adequate supply of workforce and materials to secure its execution and completion in the most expeditious and economical manner. 2.2 The Construction Manager represents that it has made a thorough examination of the premises and is thoroughly familiar with the conditions under which it is to work. 2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws, rules, and regulations of all governmental authorities and departments thereof. 2.4 The Construction Manager agrees to cooperate with the City, Architect - Engineer, or any other Design Professional in all respects, including, but not limited to, providing necessary preconstruction services, such as evaluation of methods, availability and costs of the various components of the Services while under design consideration; supervising the Services and the progress thereof; the coordination of the Services and suggesting changes in the Services; and supplying information as to costs and availability of materials and methods of construction in order, amongst other things, to reduce costs wherever the same may be practicably consistent with the quality of the Services presented in the Contract Documents. 2.5 The Construction Manager agrees to the following: a) In connection with the performance of work under this Contract, the Construction Manager agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following employment: upgrading demotion or transfer recruitment or recruitment advertising lay -off or termination rates of pay or other forms of compensation; and selection for training, including apprenticeship b) The Construction Manager agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non - discrimination clause. C) The Construction Manager further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and /or worker's representatives, except sub - contractors for standard commercial supplies or raw materials. ARTICLE 3: SCOPE OF THE SERVICES 3.1 The services that the Construction Manager shall provide include, but are not limited to those described in the following sections. 3.2 Reporting - Written reports shall be provided with the monthly pay requests as follows: Page 2 of 12 a) Monthly Executive Summary which provides an overview of current decisions, future developments and expected achievements, and any including code violations found by any permitting agency. b) A Monthly Construction Progress Report that includes a cost narrative, a and that summarizes the work of the various subcontractors. This information from the weekly job site meetings as applicable such as: general conditions long lead supplies current deliveries safety and labor relations programs permits construction problems and recommendations; and plans for the succeeding month issues and pending problems or delays, scheduling narrative report shall include 3.3 Scheduling a) Upon award of this Contract, the Construction Manager shall submit a master project schedule covering the planning and design approvals, construction and Owner occupancy of the Project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. b) Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Owner two copies of a Critical Path Method (CPM) construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each activity. c) Following development and submittal of the construction schedule the Construction Manager shall, at the end of each calendar month during the project, or at such earlier intervals as circumstances may require, update and /or revise the construction schedule to show the actual progress of the work performed and the occurrences of all events which have affected the progress of performance of work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and /or revisions thereto as reflected in the updated and /or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and /or revision to the construction schedule shall be submitted to the Owner in duplicate. d) The Construction Manager shall provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager's work to the work of his subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. The Construction Manager shall advise the Owner, its representatives and the Architect - Engineer of their required participation in any meeting or inspection giving each at least one week notice unless such notice is made impossible by conditions beyond his control. The Page 3 of 12 Construction Manager shall hold job -site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Architect - Engineer's Field Representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. e) Twice per month corresponding as closely as possible with progress review meetings, a "two week" look ahead report shall be prepared and submitted to Owner and Architect / Engineer. 3.4 Design Review and Recommendations a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through Contract Documents. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the Architect- Engineer and Owner in evaluating alternative comparisons versus long term cost effect. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and Architect - Engineer such comments as may be appropriate concerning construction, feasibility, and practicality. The Construction Manager shall bring to the Owner and the Architect - Engineer's attention any apparent defects in the design, drawing and specifications, or other documents. The Construction Manager shall prepare an estimate of the construction cost at appropriate milestones during the design and shall evaluate such estimate with the project budget. The Construction Manager shall recommend cost saving alternatives, as appropriate, at each design milestone. At each design milestone the Owner, Architect Engineer and Construction Manager shall conduct a value engineering review. b) After receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof. Promptly after completion of the review, the Construction Manager shall submit to the Owner, with a duplicate to the Architect - Engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as the Construction Manager may deem appropriate, and all actions taken by the Architect - Engineer with respect to same, any comments he may deem to be appropriate with respect to separating the work into separate contracts and /or alternative materials. c) At completion of the Construction Manager's review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the Construction Manager shall warrant, without assuming any architectural or engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The Construction Manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time. d) The Construction Manager shall review the design for the purpose of identifying long lead procurement items (i.e. machinery, equipment, materials and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner, and the Architect - Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub - contracts. As soon as the Architect- Engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall Page 4 of 12 prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director, Owner and Architect - Engineer of any problems or prospective delay in delivery. 3.5 Staffing - Key personnel assigned to City projects by the Construction Manager shall not be removed from the project until alternate personnel acceptable to the City are approved in writing by the City. 3.6 Soliciting Bids a) Without assuming responsibilities of the Architect- Engineer, and unless waived in writing by the Owner, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the Construction Manager with the firm which is qualified and submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Architect - Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on written drawings and /or specifications. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner, Architect- Engineer and to each firm. iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the Construction Manager with the firm who is pre - qualified and submits the lowest responsive proposal. The Construction Manager shall advertise these projects at least once with the last advertisement appearing at least 21 calendar days prior to the established bid opening date. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii above except that the advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre -bid conference. v) Individual purchases of materials or rentals or leases of equipment of up to $999.99 each may be made without bids or quotes when reasonably necessary to expedite work on the project; however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above. vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area. Page 5 of 12 b) For each separate construction contract exceeding $35,000, the Construction Manager shall, unless waived by Owner, conduct a pre -bid conference with prospective bidders, the Architect - Engineer and the Owner. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Architect - Engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. 3.7 Quality Control - The Construction Manager shall develop and maintain a program, acceptable to the Owner and Architect - Engineer that assures quality control of the construction. The Construction Manager shall supervise the work of all subcontractors providing instruction to each when their work does not conform to the requirements of the plans and specifications and shall continue to assert influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager, the Owner or the Architect - Engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 3.8 Subcontractor Interfacing - The Construction Manager shall be the single point of interface with all subcontractors for any work done under this Contract. The Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Architect - engineer of their validity and reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. When health and safety are threatened, however, the Construction Manager shall act immediately to remove such threat to health and safety. The Construction Manager shall also carefully review all shop drawings and then forward the same to the Architect - Engineer for review and actions. The Architect- Engineer will transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a record to promote expeditious handling. The Construction Manager shall request the Architect - Engineer to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a record to promote timely response. The Construction Manager shall advise the Owner and Architect - Engineer when timely response is not occurring on any of the above. The Construction Manager shall collect, review and submit to the Owner, all project closeout documentation including operation, maintenance and training manuals. ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES 4.1 Guaranteed Maximum Price for Construction a) When the Construction Documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in article 4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs, plus the Construction Manager's fees or the GMP, whichever is Tess when the work is complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final completion and acceptance of all work covered in the contract documents in accordance to the City's General Conditions. Page 6 of 12 b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work which were adopted and used to determine the Construction Manager's cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Construction Manager will be required to furnish documentation evidencing expenditures charged to the contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. d) If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect Engineer and owner; ii. By unit prices stated in the Agreement or subsequently agreed upon; If none of the methods is agreed upon, the Construction Manager, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a Change Order is issued under these conditions, however, the Architect - Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Project. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease; iv. The Architect - Engineer will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected by written order. Documentation of changes shall be determined by the Architect- Engineer.. Changes shall be approved by the Architect - Engineer 4.2 Construction Manager's Fee - In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for his services, fees as set forth below : Page 7 of 12 Preconstruction Phase Fee - shall be based on design costs if applicable, constructability review, value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the amount of $ TBD shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price. a) Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager's compensation for work or service performed during the Construction Phase shall be a fee of TBD . The Construction Phase Fee shall be invoiced and paid in TBD months. Payments will be remitted monthly at the cost of TBD each and one final monthly payment of TBD The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization and the final monthly payment shall be paid only when construction of the project is completed and occupancy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE 5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of this Agreement as determined by the certificate of the Architect, the Owner may, without prejudice and reserving any other right or remedy the Owner may have, after giving the Construction Manager seven (7) days' written notice, terminate the employment of the Construction Manager and take possession of the premises and all materials, tools, and appliances thereon and finish the Project in whatever manner the Owner may deem expedient. 5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract, and in the event that the Substantial Completion Date is not achieved within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Construction Manager, the sum of $1,000.00 per day for each day that the work to be performed by the Construction Manager remains incomplete beyond the time limit specified herein, which sum of 1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Construction Manager to complete the work within the time stipulated, it being further agreed that the sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Construction Manager to complete and perform all work within the time period as specified in this contract. ARTICLE 6: INDEMNIFICATION 6.1The Construction Manager and his or its successors and assigns does hereby agree to assume the defense of any legal action which may be brought against the City as a result of the Construction Manager's activities arising out of this contract and furthermore, in consideration of the terms, stipulations and conditions as contained herein, agrees to hold the city free and harmless from any and all claims for damages, costs of suits, judgments or decrees resulting from any claims made under this contract against the city or the contractor or the contractor's sub - contractors, agents, servants or employees resulting from activities by the aforementioned contractor, sub - contractor, agent servants or employees. Page 8 of 12 6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. ARTICLE 7: TITLE TO THE PROJECT 7.1 The title of all work, completed portions of the Project and in the course of construction, and of all materials on account of which payment has been made shall be in the Owner. ARTICLE 8: ASSIGNMENT 8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that this Agreement may not be assigned by either party without the prior written consent of the other party. Any assignment made without such prior written consent shall not vest rights in the assignee. ARTICLE 9: ADDITIONAL PROVISIONS 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the venue for any dispute under this Agreement shall be an appropriate court of competent jurisdiction in Pinellas County, Florida. 9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law or governmental regulation, either by the Owner or Construction Manager, shall be in writing unless otherwise required by such law or regulation and shall be deemed to have been served and given when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed to the party hereto to whom directed, at the address specified in the Specifications,. 9.3 The language in this Agreement shall be construed according to its customary meaning within the Florida building industry. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party, the remainder of the Contract Documents and the applicability of such provision to other persons or parties shall not be affected thereby. 9.5 Nothing contained in this Agreement shall be construed to mean that the Construction Manager and Owner are joint venturers or partners. 9.6 In addition to all other contract requirements as provided by law, the contractor executing this agree- ment agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUTODIAN OF PUBLIC RECORDS AT 727 - 562 -4092, Rosemarie .Call @myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 Page 9 of 12 The contractor's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater hereinafter "public agency ") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. Page 10 of 12 g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. Page 11 of 12 IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: Liu,' u,+A-4 William B. Horne II Countersigned: City Manager By: — ,, e0ritr\Crt\t -t05 George Cretekos, Mayor - Councilmember Contractor must indicate whether Corporation, Partnership, company or Individual) The person signing shall, in his own handwriting sign the Principal's name, his own name and his title; where the person is signing for a Corporation he must, by Affidavit, show his authority to bind the Corporation). Page 12 of 12 Attest: Rosemarie CaII, o form: sistant City Attorney ltiors L° oas4ro,c:4- o r , Contractor) I nn By: bfi JO r5c,hC11c61 (.(40- (Seal) TRUTH -IN- NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, and The Truth in Negotiations Act (TINA), Khvrs Ctjns$tut -kbr> 3 4nC Contractor hereby certifies that wage rates, fringe rates and other factual unit costs supporting the compensation for the CD or\ services of pc% (° Pi54ru 1 On,\ht. to be provided under this Agreement, concerning CM 014 WIsk Servrr-c 4MA. 2') -I1. are accurate, complete and current as of the time of contracting. The hereby undersigned representative submits this certification that they are an authorized representative of the proposer who may legally bind the proposer attest to the accuracy of the information: STATE OF F=-lccrcJq II Authorized SignaturejCoc lorsare P p C'eS G -Psn Printed Name 6 — \(\f f' S rDns4FUd-i on ' k rk c Title Name of Entity /Corporation COUNTY OF 4 111S borou.slr The foregoing instrument was acknowledged before me on this 22-4 day of AULne— , 20 ILs , by ' -Or; IC-ANN-Sec najCI name of person whose si nature is being notarized) as the V gceert4 (title) of .1.1 p rs rOn.&4rML t Dn + j r'1 [ . (name of corporation /entity), personally known to me as described herein did / did not take oath. or produced a type of identification) as identification, and who Public to A ( 1 tt Printed Name My Commission Expires: NOTARY SEAL ABOVE ANN LOCKE Notary Pi,Oifc - State of Ftor!1 My Comm, Expires Feb 27, 201 Commission # EF 0969915 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH PROPOSAL FOR PROJECTS THAT MAY EXCEED $1,000,000. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Comp s with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Pe '" or bus' ss operations in Cuba and Syria. uthorized Signature Kor-i h-ors cl,r1c 0.n Printed Name Title 11V 001)4'`:-1) s )) Name of Entity /Corporation STATE OF T-716 r COUNTY OF W,11Sboroo1 In The fore oing instrument was acknowledged before me on this Z2 day of Jt.tn t , 2014. , by 6 r Z 11 o rs ccr r1 l Ct ,n (name of person whose signature is being notarized) as the J res t Gt €r1.4 (title) of 1`-AA Dr 5 ConS1-SVC4- 1 a n , -l 1 c - (name of corporation/entity), personally kno to me as described herein '( , or produced a (type of identification) tificatio .1 d who did/did not take an oath. Notary Public Printed Name My Commission Expires: 2 Z.cx . '' __ Notary P ai';c - state of Ftar!.aa My Comm. Expires Feb 27, 201yJ"t i35 NOTARY SEAL ABOVE 4 " .9; ?" Commission # FF 096915 Airs LOCK€ AMENDMENT NO. 1 TO CONSTRUCTION MANAGER AT RISK SERVICES CONTINUING CONTRACT, DATED JUNE 15, 2016, BETWEEN KHORS CONSTRUCTION. ("Contractor") AND THE CITY OF CLEARWATER ("City") The City of Clearwater's RFQ #24-16 Construction Management at Risk Services for Continuing Contracts will be for a four (4) year period. This contract will be from Aug 4, 2016 Aug. 4, 2020 and will be for projects up to $2,000,000. Khors Construction By: Name: r akit,h Title: Date: 2/ 3/I Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4051 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Purchase Order with Pasco Investment Land, LLC, in the amount of $600,000 for payment of Energy Conservation Allowances and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Gas System (CGS) executed a Developer Agreement with Pasco Investment Land, LLC (i.e., Developer) in June 2017. This is a residential subdivision, named Connerton, and is located east of US Hwy 41 and north of State Road 54 in Pasco County. As part of the agreement CGS will provide Energy Conservation Allowances (ECA) to the Developer when they construct new homes with the required natural gas appliances. Below is a list of appliances that are eligible for the ECA money: Energy Efficient Gas Central Home Heating System $500.00 Energy Efficient Gas Water Heater $450.00 Piping to Energy Efficient Pilotless Gas Range $150.00 Piping to Energy Efficient Gas Dryer $100.00 The total maximum energy conservation amount payable: $1,200.00 (per home) CGS projects the Developer will construct 300 homes per year over the next 10 years, with a total build out of 6,000 homes during the term of the Agreement. This purchase order will cover 500 homes, assuming the maximum allowance is issued per home. The original Developer Agreement was signed by Connerton, LLC back in December 2004. Pasco Investment Land has now assumed the terms and conditions of the original agreement. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in 0423-02077-543200-532-000-0000, Energy Conservation Allowance. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/1/2017 25 0 A 250B250C SR 52 renCEh -tuOffRoad(CR583)Future Collier ParkwayConner Preserve Habitat Preservation Habitat Preservation ConnertonCommerce Park The Meadows Regional Park US 41 (Land O Lakes B lvd .)US 4 1 ( L a n d O L a k e s B l v d . ) SR 52 SR 52 to I-75 EhrenCut-OffRoad(CR583)To Suncoast Parkway Connerton Elementary Town Center 0' 1000' 2000'4000' SCALE: 1" = 2000' N The Gardens The Hammocks The Arbors Arbors Village Center Connerton Cove Playground Future Development 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3132 2 3 4 5 6 7 8 9 10 11 12 13141516 17 18 19 20 21 22 23 24 25 26 27 28 29303132333435 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 5 1 1 2 3 4 5 6 7 12 3 4 2345 6 7 8 9 10 11 12 13 14 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1718 19 20 21 22232425 26 27 28 29 30 31 32 33 34 35 36 37 38 1 3 456 2 2 3456 78910 11 12 13 14 15 16 17 18 19 20 21 22 1 1234567891011121314 15 16 17 18 1 2 3 4 5 678910 11 12 13 14 15 16 17 18 19 20 21 22 2345678910111213141516171819202122 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8 9 10 11BL O C K 1 2 BLOCK1 4 B L O C K 1 1 B L O C K 10 BLOCK 7 BLOCK 1 BLOC K 9 BL O CK 5 BLOCK 6 BLOCK 8 BLOCK 4 BLO C K 2BLOCK3B L O C K 1 3US 41 (Land O Lake s Bou leva rd )ToFutureConnertonCommercePark Pleasan tP la in s P a r k w a y L A G E R F E L D D R IV E CRES S ID ACOURTWI NS OMEWAYLACE C A S C A D E ROAD B U TTERSCOTCH T E R R AC EBONICAPLACE LACECASCADEROADTRADESCANTLOOP WESTERLA ND D R IV EWESTERLANDDRIVEROSECOTTAGEWAYGARDENPARTYDRIVE HANDELLOOPW ILD-PL U M C T .HEIRLOOMDRIVEC o n n e r t o n B o u le v a r d This is an illustrative Master Plan of Connerton proposed development and existing sections as of March 2016. No warranties or representations, expressed, or implied, concerning the final intended use, design, or proposed improvements is made herein. All plans for land use or facilities are subject to change without notice and nothing presented on this Master Plan shall obligate the owner or any other entity, public or private, to construct or develop facilities as shown. This plan is subject to change with government approval. Connerton Town Center Government Complex Gardens Village Center Meadows Village Center PARK BENCHCOURTSAVORY WALK DRIVEPASSIVE PORC H D RIVEFOUNTAIN GARDE N WAY FORGET M E NOT COURT SHADY PAV ILL ION COURT PICKET FENCE CT. SCROLLED GATE CT. SOCIA L S Q U A R E D R I V E Pleasant Plains Parkway SWISS C H A R D CIRCLECHRYSA L IS CAY LOOP BELLA VITA CIRCLE CASINA PLACE BELLA VITA CIRCLE SENTIERO DRIVESENTIERO DRIVEConnerton Boulevard Blue Mist ParkwayBLOCK 42BLOCK 45BLOCK 44BLOCK 40BLOCK 46 BLOCK 41 BLOCK 39 BLOCK 43 BLOCK 37 BLOCK 37 BLOCK 38 BLOCK 15 WONDERMENT WAY SOUTHERN C H A R M D R I V E BILLOWAY J A U N T D R I V E SUNLIT HORIZON LANEFAIRE FROST LANEBLOCK 1 6 BLOCK 23 BLOCK 2 4 BLOCK 22BLOCK 21 STARRY E Y E S W A YSOUTHERN CHARM DRIVEBLOCK 20 WISTFUL YEARN DRIVE WISTFUL YEARN DRIVE BLOCK 19 BLOCK 17 BLOCK 18WISTFUL YEARN DRIVESEAGARDEN LANEBLOCK 17BLOCK 17SEQUESTER LOOPBLOCK 29ABRISKE MORNING AVENUESEQUESTER LOOPSEQUESTER LOOPBLOCK 30BLOCK 31 BLOCK 32 INDIAN SUMMER DRIVE BLOCK 34 BLOCK 33 BUTTERFLY KISS DRIVE BLOCK 28BLOCK 35BLOCK 36BLOCK 2 7 MALLOW MIRROR LANEBLUEVI NE SKY DRIVEBLOCK 2 8 BLOCK 2 5 B L O C K 2 8 SOUT H E R N C H A R M D R I V E BILLOW A Y J A U N T D RI V E Connerton Bo u l e va r d Parcel 4B Parcel 2B SOLD SOLD SOLD Pasco County Pasco County Pasco County BLOCK 29B BLOCK 29B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 2021222324 25 26 27 28 29 30 31 32 33 34 3536 37 38 39 40 41 42 43 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 1 2 3 4 5 6 7 8 9 12345679101112131415161718192021222324 1 2 3456789101112 19 20 21 22 23 24 25 26 27 28 29 123456789101112 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 5 6 7 8 9 11 12 13 14 1512345678 91011121314151617 1 2 3 3 1 1 2 3 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 2 3 4 5 6 7 8 9101112131415 17 1 2 3 4 567 8 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 252627 28 29 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 1234 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1617181920212223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 25262728 1213141516 18A 1 2 1 2 3 4 5 6 7 8 9 10 13 11 12 24 23 22 21 20 19 18 17 16 15 14 17 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2021 22 23 24 25 26 27 28 29 30 31 39 4041 42 43 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 23457 8 9 10 11 13 14 15 16 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 18B 16 12 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 11 22 1234 5 6 7 8 9 10 11 12 13 14 4 5 6 7 8 9 10 14151617181920 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3940 41 30 31 32 33 11 21 3 4 1 2 3 1 2 3 4 1 2 3 1 2 3 4 5 1 2 3 1 2 3 4 5 12345 1 2 3 4 1 2 3 4 1 2 3 4 5 6 7 8 1 2 3 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 1 2 3 5 1 2 4 1 2 3 4 5 6 7 8 9 10 1 2 3 8 1 2 3 4 4 5 6 7 6 3 4 8 16 30Arbors T railStorybrook ParkRose Cottage Magnolia Park Habitat Preservation 251CTennisPavillion Amphitheater FutureCourts 251D 251B Club Connerton Playground 13 12 34 42 43 44 41 POCKET PARK POCKET PARK 15 16 17 20 19 18Garden Party ParkConnerton Corner Future Middle School SOLD Village Center Parks and Open Green Space Arbors Trail Conservation Area Water / Retention Ponds Model Homes Homes by Westbay M/I Homes Ryland Homes Taylor Morrison Lennar Developer Lots Under Construction Future Development CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME:PHONE(A/C, No, Ext):FAX(A/C, No): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE ADDLINSD SUBRWVD POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC OTHER: EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO OWNEDAUTOS ONLY HIREDAUTOS ONLY SCHEDULEDAUTOS NON-OWNEDAUTOS ONLY COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) $ $ $ $ $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE AGGREGATE $ $ $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD LOCKTON COMPANIES 2100 ROSS AVENUE, SUITE 1400 DALLAS TX 75201 214-969-6700 Connerton Holdings, LLC, Pasco Residential Lots 1601 Elm Street, Suite 3110 Dallas TX 75201 10/2/2017 1409688 X X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X 50,000,000 50,000,000 XXXXXXX X X 1,000,000 1,000,000 XXXXXXX 1,000,000 2,000,000 2,000,000 N X 1,000,000 1,000,000 1,000,000 ACE Property & Casualty Insurance Co 20699 Farmington Casualty Company 41483 Federal Insurance Company 20281 Great Northern Insurance Company 20303 C 73590585 7/9/2017 7/9/2018 A 3603-3447 7/9/2017 7/9/2018 B G28954086 7/9/2017 7/9/2018 D IFUB3G40223316 9/2/2016 10/2/2017 See Attachment City of Clearwater and Clearwater Gas System P.O. Box 4748 Clearwater FL 33758-4748 14821509 14821509 9/19/2017 THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. Y N N N N N N 2.Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agreement; or (2)Assumed in a contract or agreement that is an 'insured contract", provided by the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a)Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"' and (b)Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Page 2 of 16 CG 00 01 12 07 Attachment Code : D537148 Certificate ID : 14821509 COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Insuring Agreement1. a.We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2)Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgements or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. b.This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. Exclusions2. This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods - Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectuals property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds in Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1)Advertising, broadcasting, publishing or telecasting; (2)Designing or determining content of websites for others; or Page 6 of 16 CG 00 01 12 07 Attachment Code : D537148 Certificate ID : 14821509 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4100 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve Walbridge Aldinger of Tampa, FL as the Construction Manager (CM) at Risk firm for the Clearwater Gas System Facility Redevelopment Project (15-0043-GA); authorize the guaranteed maximum price (GMP) of $23,359,100 to Walbridge Aldinger, and authorize the appropriate officials to execute same. (consent) SUMMARY: In March 2017, Walbridge was selected under Request for Qualifications 10-17 (Construction Management at Risk Services) to provide Pre-Construction services, in the amount of $94,923, to include design review and construction cost estimating. Final construction documents are complete and Walbridge has now provided a GMP to construct new facilities at the Clearwater Gas System (CGS) complex located at 400 N Myrtle Ave, Clearwater. Engineering will manage the CM at Risk construction contract for this project. The current CGS buildings are over 35 years old and no longer meet the needs of the department and have surpassed their lifespan. The proposed redevelopment will include a two-phase construction schedule. The first phase will include a Propane office/storage facility on the south end of the property, Welding shop and a three-story Main building housing Administration, Operations, Sales, Warehouse and records storage. The main building will be hardened to withstand a category 5 hurricane (i.e., withstand 3-second wind gusts of up to 223 mph along with enhanced impact resistance for windborne debris). The second phase will include storage/support facilities and parking lots. Overall, the CGS redevelopment project will consists of seven new buildings: #1 - Propane facility (small office and tank storage/refurbishment) #2 - Propane truck parking structure #3 - Gas pipe (coil type) storage garage #4 - Gas pipe (40ft stick type) storage garage #5 - Welding Shop #6 - Energy Plant (Natural Gas Air conditioners/Chillers and standby generator) #7 - Main building (Administration, Operations, Sales and Warehouse) The Energy Plant will consist of three natural gas powered chillers, one standby generator and a 65kW electric generator that will provide continuous baseload power for the CGS complex, in lieu of using Duke Energy electric. The differential costs association with using natural gas technologies will be funded by our Energy Conservation Allowance budget. Construction is scheduled to begin in January 2018 and completed in April 2020. Current administrative and operation facilities will remain in place during Phase I construction. Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4100 APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in capital improvement project 315-96384 ($22,517,200), Gas System - Pinellas Building and 423-02077-543200-532-000-0000 ($841,900), Energy Conservation Allowance. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/1/2017 Construction Manager @ Risk Services for Clearwater Gas Systems Redevelopment This CONTRACT made and entered into this ________ day of December _, 2017 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the “City” or “Owner”, and Walbridge Aldinger ____, of Tampa, County of Hillsborough and State of Florida, hereinafter designated as the “Construction Manager”. The contracting entities shall collectively be known as the “Parties.” WITNESSETH: WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach on appropriate projects as determined by the City’s Engineering Department; and WHEREAS, the City desires that the Construction Manager perform the management of the necessary construction, design, and preconstruction services (collectively referred to as the Services) on an as-needed basis subject to the terms and conditions set forth in this agreement and any agreement incorporated into this agreement by reference. NOW, THEREFORE, IT IS AGREED BY THE PARTIES: ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS 1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration of the sums of money, as herein after set forth to be paid by the City to the Construction Manager, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this contract. 1.2 For each individual project assigned, in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. 1.3 Unless otherwise specified in this contract, all work shall be completed in accordance with Section III and Section IV of the City of Clearwater Contract Specifications (the Specifications). For the purposes of this contract, the term Contractor in Section III shall include the Construction Manager. The Specifications, as may be supplemented and changed, along with this Contract constitute the “Contract Documents.” In the event there is any conflict between this Contract and the Specifications, this Contract shall take precedence except that the GMP PROPOSAL dated _11/20/17_ is expressly incorporated and made part of this Agreement. Further, the GMP Proposal shall be determinative and control in the event of any conflict, discrepancy, absence of information and / or term or condition to the contrary. 1 ARTICLE 2: CONSTRUCTION MANAGER’S DUTIES AND STATUS 2.1 The Construction Manager recognizes the relationship of trust and confidence established between it and the City by this Agreement, and agrees with the City to furnish its best skill and judgment and the overall supervision of its executives; to furnish efficient business administration and superintendence; and to use every effort to keep upon the project site at all times an adequate supply of workforce and materials to secure its execution and completion in the most expeditious and economical manner. 2.2 The Construction Manager represents that it has made a thorough examination of the premises and is thoroughly familiar with the conditions under which it is to work. 2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws, rules, and regulations of all governmental authorities and departments thereof. 2.4 The Construction Manager agrees to cooperate with the City, Architect-Engineer, or any other Design Professional in all respects, including, but not limited to, providing necessary preconstruction services, such as evaluation of methods, availability and costs of the various components of the Services while under design consideration; supervising the Services and the progress thereof; the coordination of the Services and suggesting changes in the Services; and supplying information as to costs and availability of materials and methods of construction in order, amongst other things, to reduce costs wherever the same may be practicably consistent with the quality of the Services presented in the Contract Documents. 2.5 The Construction Manager agrees to the following: a) In connection with the performance of work under this Contract, the Construction Manager agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following employment: - upgrading - demotion or transfer - recruitment or recruitment advertising - lay-off or termination - rates of pay or other forms of compensation; and - selection for training, including apprenticeship b) The Construction Manager agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. c) The Construction Manager further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker’s representatives, except sub-contractors for standard commercial supplies or raw materials. 2 ARTICLE 3: SCOPE OF THE SERVICES 3.1 The services that the Construction Manager shall provide include, but are not limited to those described in the following sections. 3.2 Reporting - Written reports shall be provided with the monthly pay requests as follows: a) Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by any permitting agency. b) A Monthly Construction Progress Report that includes a cost narrative, a scheduling narrative and that summarizes the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as: - general conditions - long lead supplies - current deliveries - safety and labor relations programs permits - construction problems and recommendations; and - plans for the succeeding month 3.3 Scheduling a) Upon award of this Contract, the Construction Manager shall submit a master project schedule covering the planning and design approvals, construction and Owner occupancy of the Project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. b) Within thirty (30) days after the date of the Owner’s issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Owner two copies of a Critical Path Method (CPM) construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each activity. c) Following development and submittal of the construction schedule the Construction Manager shall, at the end of each calendar month during the project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the work performed and the occurrences of all events which have affected the progress of performance of work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the construction schedule shall be submitted to the Owner in duplicate. 3 d) The Construction Manager shall provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager’s work to the work of his subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. The Construction Manager shall advise the Owner, its representatives and the Architect-Engineer of their required participation in any meeting or inspection giving each at least one week notice unless such notice is made impossible by conditions beyond his control. The Construction Manager shall hold job-site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Architect-Engineer’s Field Representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. e) Twice per month corresponding as closely as possible with progress review meetings, a “two week” look ahead report shall be prepared and submitted to Owner and Architect / Engineer. 3.4 Design Review and Recommendations a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through Contract Documents. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the Architect-Engineer and Owner in evaluating alternative comparisons versus long term cost effect. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and Architect-Engineer such comments as may be appropriate concerning construction, feasibility, and practicality. The Construction Manager shall bring to the Owner and the Architect-Engineer’s attention any apparent defects in the design, drawing and specifications, or other documents. The Construction Manager shall prepare an estimate of the construction cost at appropriate milestones during the design and shall evaluate such estimate with the project budget. The Construction Manager shall recommend cost saving alternatives, as appropriate, at each design milestone. At each design milestone the Owner, Architect Engineer and Construction Manager shall conduct a value engineering review. b) After receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof. Promptly after completion of the review, the Construction Manager shall submit to the Owner, with a duplicate to the Architect-Engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as the Construction Manager may deem appropriate, and all actions taken by the Architect- Engineer with respect to same, any comments he may deem to be appropriate with respect to separating the work into separate contracts and/or alternative materials. 4 c) At completion of the Construction Manager’s review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the Construction Manager shall warrant, without assuming any architectural or engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The Construction Manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time. d) The Construction Manager shall review the design for the purpose of identifying long lead procurement items (i.e. machinery, equipment, materials and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner, and the Architect-Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub-contracts. As soon as the Architect-Engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director, Owner and Architect-Engineer of any problems or prospective delay in delivery. 3.5 Staffing - Key personnel assigned to City projects by the Construction Manager shall not be removed from the project until alternate personnel acceptable to the City are approved in writing by the City. 3.6 Soliciting Bids a) Without assuming responsibilities of the Architect-Engineer, and unless waived in writing by the Owner, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the Construction Manager with the firm which is qualified and submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Architect-Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on written drawings and/or specifications. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner, Architect-Engineer and to each firm. 5 iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the Construction Manager with the firm who is pre-qualified and submits the lowest responsive proposal. The Construction Manager shall advertise these projects at least once with the last advertisement appearing at least 21 calendar days prior to the established bid opening date. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii above except that the advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid conference. v) Individual purchases of materials or rentals or leases of equipment of up to $999.99 each may be made without bids or quotes when reasonably necessary to expedite work on the project; however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above. vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area. b) For each separate construction contract exceeding $35,000, the Construction Manager shall, unless waived by Owner, conduct a pre-bid conference with prospective bidders, the Architect-Engineer and the Owner. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Architect- Engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. 3.7 Quality Control - The Construction Manager shall develop and maintain a program, acceptable to the Owner and Architect-Engineer that assures quality control of the construction. The Construction Manager shall supervise the work of all subcontractors providing instruction to each when their work does not conform to the requirements of the plans and specifications and shall continue to assert influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager, the Owner or the Architect-Engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 3.7 Subcontractor Interfacing - The Construction Manager shall be the single point of interface with all subcontractors for any work done under this Contract. The Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Architect-engineer of their validity and reasonableness, acting in the Owner’s best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. When health and safety are threatened, however, the Construction Manager shall act immediately to remove such threat to health and safety. The Construction Manager shall also carefully review all shop drawings and then forward the same to the Architect-Engineer for review and actions. The Architect-Engineer will transmit them back to the Construction Manager who 6 will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a record to promote expeditious handling. The Construction Manager shall request the Architect-Engineer to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a record to promote timely response. The Construction Manager shall advise the Owner and Architect-Engineer when timely response is not occurring on any of the above. The Construction Manager shall collect, review and submit to the Owner, all project closeout documentation including operation, maintenance and training manuals. ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES 4.1 Guaranteed Maximum Price for Construction a) When the Construction Documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in article 4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs, plus the Construction Manager’s fees or the GMP, whichever is less when the work is complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final completion and acceptance of all work covered in the contract documents in accordance to the City’s General Conditions. b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work which were adopted and used to determine the Construction Manager’s cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Construction Manager will be required to furnish documentation evidencing expenditures charged to the contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. d) If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: 7 i. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect Engineer and owner; ii. By unit prices stated in the Agreement or subsequently agreed upon; iii. If none of the methods is agreed upon, the Construction Manager, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a Change Order is issued under these conditions, however, the Architect-Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Project. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease; iv. The Architect-Engineer will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected by written order. Documentation of changes shall be determined by the Architect-Engineer. Changes shall be approved by the Architect-Engineer. 4.2 Construction Manager’s Fee - In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for his services, fees as set forth below: a) Preconstruction Phase Fee - shall be based on design costs if applicable, constructability review, value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the amount of $94,923 shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price. b) Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager’s compensation for work or service performed during the Construction Phase shall be a fee of $841,700. The Construction Phase Fee shall be invoiced and paid in 30 months. Payments will be remitted monthly at the cost of $ 28,057 each and one final monthly payment of $28,047.The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization and the final monthly payment shall be paid only when construction of the project is completed and occupancy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner 8 ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE 5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of this Agreement as determined by the certificate of the Architect, the Owner may, without prejudice and reserving any other right or remedy the Owner may have, after giving the Construction Manager seven (7) days’ written notice, terminate the employment of the Construction Manager and take possession of the premises and all materials, tools, and appliances thereon and finish the Project in whatever manner the Owner may deem expedient. 5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract, and in the event that the Substantial Completion Date is not achieved within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Construction Manager, the sum of $1,000.00 per day for each day that the work to be performed by the Construction Manager remains incomplete beyond the time limit specified herein, which sum of $ 1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Construction Manager to complete the work within the time stipulated, it being further agreed that the sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Construction Manager to complete and perform all work within the time period as specified in this contract. ARTICLE 6: INDEMNIFICATION 6.1The Construction Manager and his or its successors and assigns does hereby agree to assume the defense of any legal action which may be brought against the City as a result of the Construction Manager’s activities arising out of this contract and furthermore, in consideration of the terms, stipulations and conditions as contained herein, agrees to hold the city free and harmless from any and all claims for damages, costs of suits, judgments or decrees resulting from any claims made under this contract against the city or the contractor or the contractor’s sub-contractors, agents, servants or employees resulting from activities by the aforementioned contractor, sub-contractor, agent servants or employees. 6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. ARTICLE 7: TITLE TO THE PROJECT 7.1 The title of all work, completed portions of the Project and in the course of construction, and of all materials on account of which payment has been made shall be in the Owner. 9 ARTICLE 8: ASSIGNMENT 8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that this Agreement may not be assigned by either party without the prior written consent of the other party. Any assignment made without such prior written consent shall not vest rights in the assignee. ARTICLE 9: ADDITIONAL PROVISIONS 9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the venue for any dispute under this Agreement shall be an appropriate court of competent jurisdiction in Pinellas County, Florida. 9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law or governmental regulation, either by the Owner or Construction Manager, shall be in writing unless otherwise required by such law or regulation and shall be deemed to have been served and given when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed to the party hereto to whom directed, at the address specified in the Specifications. 9.3 The language in this Agreement shall be construed according to its customary meaning within the Florida building industry. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party, the remainder of the Contract Documents and the applicability of such provision to other persons or parties shall not be affected thereby. 9.5 Nothing contained in this Agreement shall be construed to mean that the Construction Manager and Owner are joint ventures or partners. Public Records Requirements: The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statues (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater 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; and 10 (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor 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 the public agency in a format that is compatible with the information technology systems of the City of Clearwater. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA Attest: By: _______________________________ (Seal) William B. Horne II City Manager Countersigned: ___________________________________ __________________________________ Rosemarie Call, City Clerk By:__________________________________ Approved as to form: George N. Cretekos, Mayor _________________________________ Camilo Soto, Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, company or Individual) _________________________________ Walbridge Aldinger (The person signing shall, in his own handwriting sign the Principal’s name, his own name and his title; where the person is signing for a Corporation By: __________________________(Seal) he must, by Affidavit, show his authority to bind the Corporation). 11 Guaranteed Maximum Price Prepared for: Walbridge 9942 Currie Davis Dr., Suite H Tampa, FL 33619 www.walbridge.com GMP Date: 11/20/2017 Guaranteed Maximum Price Clearwater Gas Clearwater Gas Systems Facility Redevelopment 9942 Currie Davis Drive, Suite H | Tampa, Florida 33619 | 813-622-8900 | www.walbridge.com November 20, 2017 Subject: Clearwater Gas Systems Facility Redevelopment Executive Summary Walbridge is pleased to provide a GMP for the Clearwater Gas Systems Facility Redevelopment based upon the 90% Construction Documents executed by Long & Associates Architects / Engineers dated September 29, 2017. This Project will bring to fruition the complete re-creation and modernization of the existing site on North Myrtle Ave. The work will consist of multi-phased demolition of the existing buildings and multi-phased construction of eight new structures as identified in the Site Plan previously approved by the City. The construction process and Site Environmental Management Plan includes provisions for working with existing contaminated soils and handling contaminated site water per the DEP requirements. The first phase of construction will feature the new Administration Building, a hardened three-story building designed for a Category 5 storm (able to withstand 3-second wind gusts of up to 223 mph along with enhanced impact resistance for windborne debris). This structure will house operations, warehouse facilities, and sales on the first floor, records storage and administration on the second floor, and an event terrace and office space on the third floor. The event terrace will include stainless steel cable railing and offer a view of the overall campus. The building will include new impact resistant exterior windows and doors, metals cladding, precast stone and stucco. The facility will provide two elevators, training rooms, kitchen space, and a shower facility with enhanced staff support spaces and emergency standby power generation to accommodate operations during a storm event. The first phase of the project will also provide new support facilities including a welding shop and maintenance storage. The second phase of work to be executed after staff relocation to new space and demolition of existing buildings is the construction of three new secure storage buildings for mission critical equipment and inventory. The project will be constructed in accordance with the 2014 Florida Building Code. The site will be enhanced with new paving, sidewalks, landscaping, security fencing and access controls, and new storm water systems including a new retention pond. The project schedule will be overall 30 months with 28 months of construction and 2 months of closeout. Clearwater Gas Systems Facility Redevelopment Clearwater Gas Clearwater, Florida Building Area: 61,320 SQFT Estimate Type: Guaranteed Maximum Price GMP Date: 11/20/2017 01 $723,800 02 $128,000 03 $2,121,700 04 $1,649,900 05 $1,422,700 06 $61,200 07 $1,088,300 08 $1,068,800 09 $1,466,600 10 $209,800 11 $0 12 $0 14 $216,800 21 $112,600 22 $447,500 23 $1,690,400 26 $2,901,600 31 $2,806,100 $18,115,800 $193,900 Performance and Payment Bond $147,000 $340,900 Material Testing In Division 1 Permits/Plan Review Allowance By Owner Builders Risk Insurance By Owner Preconstruction Fee Not Included CM Fee $841,700 General Conditions $2,189,100 $3,030,800 Contingency (3% of SDC)$543,500 Final detailing/permit requirement allowance (1% of SDC) $181,200 Approximate Tax Savings from Owner Direct Purchases (allowance)($200,000) Intercom System & Network System Cables (allowance) $50,000 Structured Cabling & Fiber optic backbone (allowance) $155,000 Pond liner if required per DEP (allowance) $300,000 Alternate 3: Gas engine operated chillers in lieu of electric $399,600 Alternate 4: Provide VAV box system hot water piping system to coils $84,000 Alternate 5: Gas powered VRF in lieu of electric at building 6 $27,200 Alternate 6: Gas engine generator system in lieu of diesel $331,100 $23,359,100 Alternate 7 Provide formed window sill pans $41,900 Alternate 8 Add for Building 5 $730,300 SUBTOTAL Alternates Subcontractor Direct Cost (SDC) SUBTOTAL Liability Insurance SUBTOTAL Total Guaranteed Maximum Plumbing HVAC Electrical Sitework & Utilities Finishes Specialties Equipment Furnishings Conveying Equipment Fire Protection Openings Division Itemized Description of the Work Base GMP Amount General Requirements Existing Conditions Concrete Masonry Metals Wood, Plastics & Composites Thermal & Moisture Protection Clearwater Gas Systems Facility Redevelopment Clearwater Gas Clearwater, Florida Estimate Type: Guaranteed Maximum Price Clarifications 1 For clarification purposes - when used in the explanation of items below: * CM = Walbridge * A/E = Long and Associates and all their supporting engineers * Owner = Clearwater Gas * 90% CD = GMP based on set of documents dated 29 September, 2017 2 Allowances can be expected to include all material costs, labor costs, and all taxes and delivery costs. 3 We have included 700 tons of contaminated soil to be removed from site. 4 We anticipate that surface and site water will be able to be discharged via a filtration system as discussed with Geosyntek. 5 This GMP is based on a 30 month construction schedule with two months for closeout (schedule available). 6 We assumed that the Owner will provide tax exempt certificates to support tax exempt project status or else hold CM harmless for such taxes. 7 The project schedule is not a cost loaded schedule. 8 All City of Clearwater Permit fees will be by Owner. 9 Utility connection fees for water, sewer, electric, phone, cable, etc are by Owner. 10 Timely receipt of permits and necessary governmental approvals are required as per schedule (available). 11 Owner to be responsible for storage, transportation, and maintenance of Owner supplied equipment. 12 Long term warrantee/maintenance agreement for Gas Fired Chillers is not included in alternate cost. 13 It is assumed that the City of Clearwater will supply the Person Responsible for Brownfield Site Rehabilitation (PRFBSR) per the SEMP. 14 Electrical subcontractors scope includes providing infastructure (outlet boxes, conduits, etc) for low voltage systems. 15 Property to be purchased by Owner north of site, WA will provide fencing, rock & tree barricades as required for parking. 16 WA has planned for north property to be available 1st quarter of 2018 for trade contractor parking. Exclusions 1 DEP and SWFWMD permit fees. 2 Hazardous material abatement (ie: asbestos). 3 Costs associated with job-site trailers (owner to provide space). 4 Costs associated with temporary power and water . 5 Costs associated with trade contractor parking. 6 Bussing of trade contractors to and from construction site (included onsite parking until north property is ready). 7 CM provided field office for Owner and / or A/E. 8 Work outside the identified scope of work boundary as depicted graphically on the documents. This area can generally be assumed to be outside the perimeter security fence. 9 Owner moving and relocation costs. 10 FF&E furniture & window treatment. 11 Phone hand sets, door security, and fire alarm system are by City vendors and not incl. in GMP 12 Vertical fin exterior window shades not included per Long & Associates. 13 Stainless steel frame to doors as per detail 14/A7.8.3 per Long & Associates 14 Builders risk and any associated deductables 15 We have not included security guard service for the site 16 Demolition of houses on new north property 17 Video Surveillance/CCTV Systems Construction Contingency 1 We have included a construction contingency of 3% for construction stage changes. Allowances 1 Final detailing/permit requirement allowance (1% of SDC) is included at $180,000 to cover changes between 90% Document Set and 100% Document Set. 2 We have included a $100,000 allowance for Equipment and Installation per equipment schedule in building 6 & 7. 3 We have included a $30,000 allowance for paving/landscaping should building 5 alternate not be accepted. 4 We have included a $10,000 allowance for neon sign refurbishment 5 We included a $8,000 allowance for the waterfountain (not fully designed) 6 Approximate Tax Savings from Owner Direct Purchases ($200,000) deduct 7 Intercom System & Network System Cables ($50,000) 8 Structured Cabling & Fiber optic backbone ($155,000) 9 Pond liner if required per DEP ($300,000) Building Area: 61,320 SQFT GMP Date: 11/20/2017 VINE AVE VINE AVE JONES ST JONES ST N MYRTLE AVE N MYRTLE AVE ELDRIDGE ST ELDRIDGE ST N GARDEN AVE N GARDEN AVE SPRUCE AVE SPRUCE AVE HART ST HART ST MAPLE ST MAPLE ST BLANCHE B LITTLEJOHN TRL BLANCHE B LITTLEJOHN TRL ALDEN AVE ALDEN AVE FERN AVE FERN AVE MAPLE ST MAPLE ST HART ST HART ST HART ST HART ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK TK N.T.S.277B 9-29s-15e5/25/2016Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Clearwater Gas System Facility Redevelopment (15-0043-GA) Document Path: V:\GIS\Engineering\Location Maps\CLW_Gas_Redevelopment.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4156 Agenda Date: 12/4/2017 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve Brownfield Site Rehabilitation Agreement (BSRA) BF529701006 for the property located at 400 N. Myrtle Avenue, Clearwater, Florida, formerly known as the Clearwater Manufactured Gas Plant (MGP), parcel 09-29-15-74052-000-0020, located within the designated Clearwater Brownfields Area and authorize the appropriate officials to execute same. SUMMARY: The subject property is owned by the City of Clearwater (City) and is located within the area designated as the Clearwater Brownfield Area. A manufactured gas plant was operated by the City on the property until approximately 1959. Since that time, the property has served as the offices and operations center for Clearwater Gas System (CGS), the municipal gas system owned by the City. The City wishes to redevelop the site as an expanded and upgraded campus of Clearwater Gas System. The City is a party to an Intergovernmental Agreement with the Florida Department of Environmental Protection (FDEP) that obligated the City to investigate and remediate, if necessary, environmental impacts attributable to the former operation of the Clearwater MGP on the property. To date, the City has defined the horizontal and vertical limits of contamination attributable to the Clearwater MGP and has evaluated select remediation technologies. The contamination has not migrated from the site and the immediately adjacent Pinellas County Department of Health property. As a result of a pilot study performed on the property for the past several years, the City has determined that there are limited remediation alternatives for the property, with the most appropriate remedy incorporating an impervious cap over the remaining impacted soils and a restriction from the use of groundwater underlying the property. Regulations promulgated by FDEP after the date of the Intergovernmental Agreement now provide for risk based closure of sites that have limited environmental impacts, such as those present on the property. The City’s plan for redevelopment of the property will allow for properly addressing the remaining environmental impacts while at the same time provide the City with an opportunity to expand CGS’ use of the property. Under the Florida Brownfield Program, the City can recover certain marketable tax credits for expenses incurred in connection with implementation of a remedy on a site designated for redevelopment. In order to move forward with redevelopment Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4156 of the site under the state Brownfield Program, a Brownfield Site Rehabilitation Agreement (BSRA) must be entered into between the City and the FDEP. As required by Section 376.80 Florida Statutes, the draft BSRA and a summary of environmental findings and recommendations were presented by Economic Development staff to the Brownfields Advisory Board at its October 5, 2017 meeting. The draft BSRA was submitted to the FDEP for review and accepted in the form presented herein. The BSRA enables the prompt review of all remaining environmental documents, the ability to apply for and receive marketable state tax credits, the use of federally awarded Brownfields revolving loan funds, and to provide meaningful liability protections specified in the Brownfields Redevelopment Act to the City. Upon execution of the BSRA by the City and FDEP, a Brownfield Remedial Action Plan will be completed and submitted to FDEP for review and approval. Upon City approval, loan funds from the Brownfield Revolving Cleanup Loan Fund Grant (BRCLF) can be used to complete eligible portions of the remediation. In addition, the City may obtain marketable state tax credits for eligible expenses incurred in completing the FDEP approved remedial action components of the final site redevelopment plan. Upon execution of the BSRA by the City and FDEP, the Intergovernmental Agreement will be held in abeyance. FDEP will issue a site rehabilitation completion order (SRCO) for the property upon completion of the remedy approved by FDEP. Issuance of the SRCO will result in FDEP releasing the City from any remaining obligations under the Intergovernmental Agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/1/2017 Site Map Clearwater Brownfield Area: 9.92 Square miles Shapefile October 09, 2012 Made with Esri Community Analyst ©2012 Esri www.esri.com/ca 800-447-9778 Try it Now!Page 1 of 1 096198.000001 611088379.2 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN RE: City of Clearwater Clearwater Gas System - Former Manufactured Gas Plant 400 North Myrtle Avenue Clearwater, Pinellas County, Florida 33755 Clearwater Brownfield Area Brownfield Area Identification Number: BF529701000 Brownfield Site Identification Number: BF529701006 FDEP Facility Identification Number: COM_65207 OGC Tracking Number – 17-1018 BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO §376.80(5), Florida Statutes (F.S.) WHEREAS, the Brownfields Redevelopment Act was enacted to reduce public health and environmental hazards on existing commercial and industrial sites by offering incentives to encourage responsible persons to voluntarily develop and implement cleanup plans; and WHEREAS, the Department of Environmental Protection (“Department”) is the administrative agency of the State of Florida having the power and duty to protect Florida’s environment and to administer and enforce the provisions of Chapters 403 and 376, F.S., and the rules promulgated thereunder, Chapters 62-777 and 62-780, Florida Administrative Code (F.A.C.), as amended; and WHEREAS, the Department has jurisdiction over the matters addressed in this Brownfield Site Rehabilitation Agreement (“BSRA”); and WHEREAS, the Department has the authority, pursuant to §376.81, F.S., to establish by rule, criteria for determining the rehabilitation program tasks that comprise a site rehabilitation program and the level at which a rehabilitation program task and a site rehabilitation program may be deemed complete; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed as follows: This BSRA is entered into between the Department and The City of Clearwater doing business as Clearwater Gas System hereinafter the Person Responsible For Brownfield Site Rehabilitation (“PRFBSR”) (collectively referred to as the “parties”), for the rehabilitation of a brownfield site within a designated brownfield area pursuant to §376.80(5), F.S. The Department and the PRFBSR agree to the following: City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 2 of 14 096198.000001 611088379.2 1.DEPARTMENT OF ENVIRONMENTAL PROTECTION The Department is the agency of the State of Florida with authority and power to enforce the provisions of Chapters 376 and 403, F.S. 2.PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION The City of Clearwater is the PRFBSR as defined in §376.79(15), F.S., for the real property described in the map and legal description in Attachment A (the “Brownfield Site”), incorporated herein, that has been designated by the City of Clearwater in Resolution Number 97-57 approved October 16, 1997, and modified in Resolution Number 02-15 approved on March 7, 2002, as a brownfield area as defined in §376.79(5), F.S. Attachment A is a composite exhibit that includes: (a) the legal description and map of the Brownfield Site; and (b) the City of Clearwater Resolution Numbers 02-15 and 97-57 and with the map of the designated brownfield area and its legal description. The Brownfield Site consists of 7.46 acres. 3.PRFBSR’S DUTIES The PRFBSR agrees: (a)to conduct “site rehabilitation” of any “contaminated site(s)” as defined in §376.79, F.S., whose source originates on the real property described in Attachment A as the Brownfield Site. If such contaminated site(s) extend(s) beyond the boundary of the Brownfield Site, then PRFBSR agrees to conduct site rehabilitation to address the entire contaminated site; (b)to conduct site rehabilitation and submit technical reports and rehabilitation plans in a timely manner according to the attached brownfield site rehabilitation schedule agreed upon by the parties (see Attachment B), and incorporated herein; (c)to conduct site rehabilitation activities under the observation of professional engineers or professional geologists, as applicable, who are registered in accordance with the requirements of Chapters 471 or 492, F.S., respectively. Submittals provided by the PRFBSR must be signed and sealed by a professional engineer registered under Chapter 471, F.S., or by a professional geologist registered under Chapter 492, F.S., as applicable, certifying that the submittal and associated work comply with the laws and rules of the Department and those governing the profession. Upon completion of the approved remedial action, a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S., as applicable, must certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the Department; City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 3 of 14 096198.000001 611088379.2 (d)to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as the same may be amended from time to time; (e)to obtain any local, state or federal approvals or permits required for the site rehabilitation work and to conduct the necessary site rehabilitation consistent with local, state, and federal laws, rules and ordinances. All site rehabilitation shall be consistent with the cleanup criteria in §376.81, F.S., the requirements of Chapters 62-780, F.A.C., Contaminated Site Cleanup Criteria, and 62-777, F.A.C., Contaminant Cleanup Target Levels; (f)to allow access by the Department during the entire site rehabilitation process, as evidenced by the attached documentation (see Attachment C) incorporated herein, establishing that such site access has been secured by agreement with the real property owner. Upon the transfer of any real property interest in any portion of the Brownfield Site before site rehabilitation is complete, the PRFBSR shall notify the Department within 15 days from the date that such an interest is effective. With notice the PRFBSR shall provide a copy of an access agreement in substantially the same form as that in Attachment C with any successor in interest to the real property owner of the Brownfield Site or with any party with a real property interest in the Brownfield Site after the effective date of this agreement, granting such access to the Department; and (g)to consider appropriate pollution prevention measures and to implement those that the PRFBSR determines are reasonable and cost-effective, taking into account the ultimate use or uses of the real property described in Attachment A. Local pollution prevention programs as well as state pollution prevention programs are available to assist in determining pollution reduction measures. The Department recommends that the PRFBSR contact the Department’s Pollution Prevention (P2)/Waste Reduction Program at (850) 245-8707 or visit the P2 web site at http://www.dep.state.fl.us/pollutionprevention/aboutus.htm for recommenda- tions on waste minimization and waste management and for assistance with pollution prevention measures. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include the goals for the reduction of releases of toxic materials. (h)that upon the execution of this BSRA the terms and conditions of Intergovernmental Agreement DEP OGC File No. 93-0230 (executed April 19, 1996), only as it pertains to corrective actions on the contaminated site(s) originating on the real property as described in Attachment A, will be held in abeyance and shall remain in abeyance, provided the PRFBSR is in compliance with the terms of the BSRA. In the event the Department determines that the PRFBSR is not in compliance with the terms and City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 4 of 14 096198.000001 611088379.2 conditions of this BSRA, subject to the provisions of Paragraphs 11 and 19 hereof, the PRFBSR agrees that the terms and conditions of the Intergovernmental Agreement shall return in full force and effect. 4.CERTIFICATION The PRFBSR is the local government with jurisdiction over the real property described in Attachment A. Therefore, the PRFBSR certifies that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Documentation provided that describes the proposed redevelop- ment is provided as Attachment D. 5.SITE CONTRACTOR The PRFBSR must ensure that the contractor who is performing the majority of the site rehabilitation program tasks pursuant to this BSRA or supervising the performance of such tasks by licensed subcontractors in accordance with the provisions of § 489.113(9), F.S., has provided certification to the Department that the contractor meets the requirements listed below. If the identity of the contractor is known at the time of the execution of this BSRA, a Brownfields Redevelopment Program Contractor Certification Form (CCF) shall be submitted as Attachment E to this BSRA. If the contractor has not yet been determined, the PRFBSR shall ensure that the CCF is submitted to the District Brownfield Coordinator and approved by the Department before the contractor begins performing any site rehabilitation tasks at the site. The PRFBSR must submit to the Department documentation as Attachment F, which shows a National Environmental Laboratory Accreditation Program (“NELAP”)-recognized authority has accredited the laboratory(s) that will perform the analyses required by this agreement. Any contractor that performs site rehabilitation tasks at a contaminated site originating on the real property as described in Attachment A shall provide documentation in accordance with the provisions of the paragraph above and with Attachments E and F, if applicable, showing that any contractor that performs site rehabilitation tasks: (a)meets all certification and license requirements imposed by law; and (b)performs, or has laboratory analyses performed, pursuant to NELAP certification requirements and performs, or has field sampling work performed, in accordance with the Standard Operating Procedures provided in Chapter 62-160, F.A.C., as amended, if applicable to performance of site rehabilitation tasks. City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 5 of 14 096198.000001 611088379.2 6.CONTINUOUS COMPLIANCE During the entire site rehabilitation process, the PRFBSR agrees to ensure that the contractor continues to comply with the requirements of Paragraph 5 of this BSRA pursuant to the requirements of §376.80(6), F.S. 7.VOLUNTARY CLEANUP TAX CREDIT PROGRAM Not all activities that are approved or performed in association with a BSRA are eligible for the state's Voluntary Cleanup Tax Credit (VCTC). In accordance with Section 376.30781, F.S., only costs incurred and paid by the applicant that are either integral, necessary and required for site rehabilitation or for solid waste removal, are eligible for the VCTC. Contamination assessment or remediation paid for by the State of Florida for a discharge that is eligible for a state-funded cleanup under the Dry-cleaning Solvent Cleanup Program (DSCP) or one of the Petroleum Restoration Program’s (PRP) eligibility programs, may not be used to calculate a tax credit. Likewise, expenses incurred that are statutorily-required to participate in the DSCP (i.e. deductibles) or one of the PRP eligibility programs (i.e. deductibles, review fees, limited contamination assessment reports, and co-payments), are not eligible for the state’s VCTC. "Site rehabilitation" means the assessment of site contamination and the remediation activities that reduce the levels of contaminants at a site through accepted treatment methods to meet the cleanup target levels established for that site. For sites subject to the Resource Conservation and Recovery Act, as amended, the term includes removal, decontamination, and corrective action of releases of hazardous substances. “Solid waste removal” means removal of solid waste from the land surface or excavation of solid waste from below the land surface and removal of the solid waste from the brownfield site. Nothing contained herein is intended to limit the VCTC otherwise available to the PRFBSR under applicable law. General information about the VCTC Program is available at http://www.dep.state.fl.us/waste/categories/vctc/default.htm. For specific questions regarding the VCTC Program, please contact the Department’s Waste Cleanup Program at (850) 245-8927. 8.ADVISORY COMMITTEE The PRFBSR shall establish an advisory committee pursuant to the requirements of §376.80(4), F.S., for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. The advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield area, and others deemed appropriate. However, if an appropriate local advisory committee already exists, this committee may be used for requesting public participation and for the purposes of complying with this paragraph. City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 6 of 14 096198.000001 611088379.2 The PRFBSR shall provide the advisory committee a copy of the final proposed draft BSRA and a copy of the executed BSRA. When the PRFBSR submits a site assessment report or the technical document containing the proposed course of action following site assessment to the Department or the local pollution control program for review, the PRFBSR shall hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. The names, addresses, contact numbers, and applicable affiliation for each advisory committee member is included as Attachment G. 9.INDEMNIFICATION The PRFBSR shall save and hold harmless and indemnify the Department against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this BSRA and from the negligent acts or omissions of the PRFBSR or its employees, agents, contractors, subcontractors, or other representatives, to the extent allowed by law. 10.LIABILITY PROTECTION The liability protection provided under §376.82, F.S., shall become effective upon execution of this BSRA and shall remain effective, provided the PRFBSR complies with the terms of this BSRA. 11.TERMINATION If the PRFBSR fails to comply with this BSRA, the Department shall notify the PRFBSR and allow 90 days for the PRFBSR to return to compliance with the provision at issue or to negotiate a modification to the BSRA with the Department for good cause shown. If an imminent hazard exists the 90-day grace period shall not apply. If the project is not returned to compliance with this BSRA and a modification cannot be negotiated, the Department shall terminate this BSRA. The PRFBSR may terminate this BSRA at any time upon written notice to the Department. Termination of this BSRA by either party will revoke the immunity provision of §376.82, F.S. Upon termination of this BSRA, Intergovernmental Agreement DEP OGC File No. 93-0230 (executed April 19, 1996) will return immediately to full force and effect. City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 7 of 14 096198.000001 611088379.2 12.IMMINENT HAZARD Nothing herein shall be construed to limit the authority of the Department to undertake any action in response to, or to recover the costs of responding to, conditions at or from the real property described in Attachment A that require the Department to take action to abate an imminent hazard to the public health, welfare or the environment. 13.RELEASE OF LIABILITY Upon successful completion of this BSRA, as evidenced by the issuance of a Site Rehabilitation Completion Order (SRCO) for each contaminated site originating from the real property described in Attachment A, the PRFBSR and his or her successors and assigns, shall be relieved from further liability for site rehabilitation as described in paragraph 3.a. of this BSRA to the Department and third parties and of liability in contribution to any other party who has or may incur cleanup liability for the contaminated site(s). The Department will release the Respondent to Intergovernmental Agreement DEP OGC File No. 93-0230, and its successors and assigns, from its corrective action obligations pursuant to the Intergovernmental Agreement for the real property covered by this BSRA upon issuance of the Brownfields Site Rehabilitation Completion Order issued pursuant to this BSRA. This release of liability is subject to the reopener provisions of §376.82(3), F.S. 14.GOVERNING LAW This BSRA has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida and any applicable local regulations. Wherever possible, each provision of this BSRA shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this BSRA shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this BSRA. Any action hereon or in connection herewith shall be brought in Pinellas County, Florida. 15.SUBMITTALS The PRFBSR shall submit one hard (paper) copy or one electronic (digital) copy of any certifications or documentation required in Paragraph 5 (“Site Contractor”) above, and all data, reports, responses, addenda, or modifications to reports and plans required by this BSRA to: Yanisa Angulo, P.E. Brownfields Coordinator Florida Department of Environmental Protection, Southwest District City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 8 of 14 096198.000001 611088379.2 13051 North Telecom Parkway Temple Terrace, Florida 33637-0926 813-470-5757 The Department encourages the submittal of documents for review in an electronic format rather than the submittal of paper copies. All electronic copies of documents shall be in the format listed in Section 5 of the Instructions and attached as Attachment H. Time frames for the Department’s review of technical reports and plans and submittal of documents by the PRFBSR shall be governed by the attached schedule (see Attachment B), incorporated herein. After final Department approval of each report or plan, an electronic copy shall be submitted to the Department within 30 days. The electronic copy of the report shall be submitted in the format listed in Attachment H. 16.DOCUMENT REVIEW During the site rehabilitation process, if the Department fails to complete the review of a technical document within the time frame specified in this BSRA, with the exceptions of “no further action proposals,” “monitoring only proposals,” and feasibility studies, which must be approved prior to implementation, the PRFBSR may proceed to the next site rehabilitation task. However, the PRFBSR does so at its own risk and may be required by the Department to complete additional work on a previous task. 17.ASSIGNMENT The PRFBSR shall not assign any rights or responsibilities under this BSRA to any other party without the written consent of the Department and the local government with jurisdiction over the real property described in Attachment A. However, the Department shall not withhold its consent to such an assignment if: (a) the proposed assignee meets all of the eligibility criteria under §376.82, F.S.; (b) the proposed assignee has agreed, in writing, to assume all obligations of the PRFBSR under the terms of this Agreement; and (c) the assignment of PRFBSR obligations under any agreement with the local government with jurisdiction over the real property has been approved, in writing, by the local government. 18.WAIVER By entering into this BSRA, the PRFBSR waives its right to challenge the contents of this BSRA in an administrative hearing afforded by §120.569 and §120.57, F.S., or an appeal afforded by the terms of §120.68, F.S. This BSRA does not deny the PRFBSR a right to challenge the Department’s actions taken pursuant to this BSRA. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this BSRA, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 9 of 14 096198.000001 611088379.2 as a waiver of any such breach or default, or any similar breach or default thereafter. 19.EFFECTIVE DATE AND ADMINISTRATIVE HEARING This BSRA (Order) is final and effective on the date of execution unless a timely petition for an administrative hearing is filed under §§120.569 and 120.57, F.S., within 21 days after the date of receipt of notice of agency action. Upon the timely filing of such petition, this BSRA will not be effective until further order of the Department. The liability protection for the PRFBSR pursuant to §376.82(2), F.S., becomes effective upon execution of the brownfield site rehabilitation agreement. The procedures for petitioning a hearing are set forth below. Persons other than the PRFBSR who are affected by this BSRA have the following options: (a)If you choose to accept the Department’s decision regarding this BSRA, you do not have to do anything. This BSRA is final and effective 21 days after the date of execution. (b)If you choose to challenge the Department’s decision, you may do the following: (i)File a request for an extension of time to file a petition for hearing with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this BSRA; such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for hearing. Or (ii)File a petition for administrative hearing with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this BSRA. Please be advised that mediation of this decision pursuant to §120.573, F.S., is not available. How to Request an Extension of Time to File a Petition for Hearing: For good cause shown, pursuant to Rule 62-110.106(4), F.A.C., the Department may grant a request for an extension of time to file a petition for City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 10 of 14 096198.000001 611088379.2 hearing. Such a request shall be filed with (received by) the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the request to the PRFBSR at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for administrative hearing must be made. How to File a Petition for Administrative Hearing: A person whose substantial interests are affected by this BSRA may petition for an administrative proceeding (hearing) under §§120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed with (received by) the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the petition to the PRFBSR at the time of filing. Failure to file a petition within this time period shall constitute a waiver of any right to request an administrative proceeding under Chapter 120, F.S. Pursuant to §120.569(2), F.S., and Rule 28-106.201, F.A.C., a petition for administrative hearing shall contain the following information: 1. The name, address, any e-mail address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner’s representative, if any; the PRFBSR’s name and address; the Department’s Brownfield Area and Brownfield Site Identification Numbers; and the name and address of the Brownfield Site; the name and address of each agency affected; 2. A statement of when and how each petitioner received notice of the Department’s action or proposed action; 3. An explanation of how each petitioner’s substantial interests will be affected by the Department’s action or proposed action; 4. A statement of the disputed issues of material fact, or a statement that there are no disputed facts; 5. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department’s action or proposed action; 6. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department’s action or proposed City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 11 of 14 096198.000001 611088379.2 action, including an explanation of how the alleged facts relate to the specific rules or statutes; and 7. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department’s action or proposed action. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department’s final action may be different from the position taken by it in this BSRA. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. 20.JUDICIAL REVIEW Except for the PRFBSR, any party has the right to seek judicial review of this BSRA under §120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice of appeal must be filed within 30 days after this BSRA is filed with the clerk of the Department (see below). 21.CONTACTS FOR GENERAL AND LEGAL QUESTIONS Any questions about the content of this BSRA, the Department’s review of the BSRA, or technical questions should be directed to the Department’s District Brownfields Coordinator at: Yanisa Angulo, P.E. Brownfields Coordinator Florida Department of Environmental Protection, Southwest District 13051 North Telecom Parkway Temple Terrace, Florida 33637-0926 813-470-5757 or to the PRFBSR’s representative at: Brian Langille, PE, CEM Assistant Director Clearwater Gas System 400 North Myrtle Avenue Clearwater, Florida 33755 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 12 of 14 096198.000001 611088379.2 727-562-4911 Questions regarding legal issues should be referred to the Department’s Brownfields Program Attorney in the Office of General Counsel at (850) 245-2242. Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing. 22.ENTIRETY OF AGREEMENT This BSRA represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this BSRA shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this BSRA, unless otherwise provided herein. City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 13 of 14 096198.000001 611088379.2 IN WITNESS WHEREOF, each of the parties has made and executed this Brownfield Site Rehabilitation Agreement on the date set forth for each signature of each representative below: Mary Yeargan, Director Southwest District, State of Florida Department of Environmental Protection, and William Horne, City Manager, City of Clearwater for the Person Responsible for Brownfield Site Rehabilitation. The persons shown below are duly authorized to execute same. PERSONS RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF CLEARWATER By:By: William Horne City Manager Clearwater City Hall, 3rd Floor 112 S. Osceola Ave. Clearwater, FL 33756 727-562-4040 Date: Mary Yeargan Florida Department of Environmental Protection Director, Southwest District 13051 N. Telecom Parkway Temple Terrace, FL 33637 813-470-5700 Date: Approved as to form and legality: _____________________________ __________ OGC, FDEP Attorney FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to §120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk (or Deputy Clerk) Date: cc: Lisa M. Duchene, FDEP Brownfields Program Attorney Justin Cross, FDEP Government Analyst Carrie L. Kruchell, FDEP Brownfields Program Manager Yanisa Angulo, Brownfields District Coordinator, FDEP Southwest District William L. Pence/Kristina R. Ramsey, BakerHostetler City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 Page 14 of 14 096198.000001 611088379.2 List of Attachments Attachment A Local Government Resolution for the Brownfield Area and Map and Legal Description of the Brownfield Site Attachment B Brownfield Site Rehabilitation Schedule Attachment C Site Access Agreement Attachment D Documentation Describing Proposed Redevelopment Attachment E Contractor Certification Form Attachment F Quality Assurance Certificate Attachment G Advisory Committee Members Attachment H Format for Submittal of Technical Documents City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 A-1 096198.000001 611088379.2 Attachment A Local Government Resolution for the Brownfield Area and Map and Legal Description of the Brownfield Site City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 A-2 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 A-3 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 A-4 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 A-5 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 A-6 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 A-7 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 B-1 096198.000001 611088379.2 Attachment B Brownfield Site Rehabilitation Schedule Type of Report or Activity PRFBSR Action or Submittal Time Frames Department Review or Comment Time frames Notice of Interim Source Removal Action or Emergency Response Action situations. Within 24 hours of initiation of the action.No comment required. Interim Source Removal Proposal When seeking approval before implementation of an alternative product recovery method, groundwater recovery, soil treatment or disposal technique (see Rule 62-780.500). Within 30 days of receipt. Interim Source Removal Plan When seeking approval before implementation of an alternative product recovery method, groundwater recovery, soil treatment or disposal technique (62-780.500, F.A.C.) Within 30 days of receipt. Interim Source Removal Status Report Within 60 days of completion of source removal activities and every 60 days thereafter or when the field activity is terminated, whichever occurs first. No comment required. Interim Source Removal Report Within 60 days of completion of interim source removal activities. Within 60 days of receipt. Site Rehabilitation Plan (SRP) or Combined Document; (Optional submittal) (See Rule 62-780.450, F.A.C.) Optional: SRP submitted within 270 days of executing BSRA. May include multiple tasks. Within 60 days of receipt. Site Assessment Report (SAR)SAR submitted within 270 days of executing BSRA. Within 60 days of receipt. Risk Assessment Report (RAR)Optional: (within 60 days of SAR approval.)Within 90 days of receipt. No Further Action (NFA) Proposal When the site meets the criteria for NFA (See Rule 62-780.680, F.A.C.). Within 60 days of receipt. Well Survey and Sampling Results pursuant to paragraph 62-780.600(3)(h), F.A.C. Within 60 days of discovery of contamination beyond the property boundaries Within 60 days of receipt. Natural Attenuation with Monitoring (NAM) Plan When the site meets the criteria for Natural Attenuation with Monitoring (See Rule 62-780.690, F.A.C.). Within 60 days of receipt. Natural Attenuation with Monitoring (NAM) Report Within 60 days of sample collection.No comment required. Remedial Action Plan (RAP)Within 90 days of approval of a SRP, SAR or RAR. Within 60 days of receipt. As-Built Drawings Within 120 days of initiating operation of the active remediation system. No comment required. Initiate Operation of Active Remedial Action Within 120 days of RAP approval.No comment required. Proposals submitted pursuant to subsection 62-780.700(15), F.A.C. Optional during active remediation Within 60 days of receipt Remedial Action Status Report (Monthly or quarterly status reports may be required for submittal - - depending on site conditions and Advisory Committee.) Within 60 days of the anniversary date of initiating operation of active remediation system. No comment required. City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 B-2 096198.000001 611088379.2 Type of Report or Activity PRFBSR Action or Submittal Time Frames Department Review or Comment Time frames Post Active Remediation Monitoring (PARM) Plan When the site meets the criteria for NFA (see Rule 62-780.680) or Leveling-Off (see Rule 62-780.700(17)) Within 60 days of receipt. Post Active Remediation Monitoring (PARM) Report Within 60 days of sample collection.No comment required. Leveling Off Determination Within 60 days of sample collection.Within 60 days of receipt. Post Active Remediation Monitoring (PARM) Plan resampling proposal (Rule 62-780.750(4)(e), F.A.C. Within 60 days of sample collection.Within 60 days of receipt. Site Rehabilitation Completion Report (SRCR) Within 60 days of the final sampling event. If SRCR not approved then submit modifications, etc. within 60 days of Department’s response. Within 60 days of receipt. If the brownfield site meets the requirements of Chapter 62-780, F.A.C. for the issuance of a SRCO, a SRCO will be issued. Pilot Study Work Plan When seeking approval before implementation of a Pilot Study pursuant to Rule 62-780.700(2), F.A.C. Within 60 days of receipt. Notices for Field Activities except for Start of Interim Source Removal or Emergency Response Action situations. Within seven (7) days but not less than 24 hours prior notice to the Department to perform field activity. No comment required. Submittal to the Department of addenda, responses, or modification to plans or reports, pursuant to Chapter 62-780, F.A.C. Within 60 days of receipt of the Department’s response. Within the same time frame for review of the original submittal. Submittal of Form and Actual Notice required in subsection 62-780.220(2), F.A.C. See text of rule for “Initial Notice of Contamination Beyond Property Boundaries” in subsection 62-780.220(2), F.A.C. No comment required. Submittal of Actual and Constructive Notice required in subsection 62-780.220(3), F.A.C. See text of rule for “Subsequent Notice of Contamination Beyond Source Property Boundaries for Establishment of a Temporary Point of Compliance (TPOC)” in subsection 62-780.220(3), F.A.C. No comment required. Submittal of proof of Constructive Notice required in subsection 62- 780.680(8), F.A.C. When seeking an SRCO with conditions, the PRFBSR must provide constructive notice of the Department’s intent to approve a no Further Action Proposal with controls. No comment required. City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 C-1 096198.000001 611088379.2 Attachment C Site Access Agreement Brownfield Site Rehabilitation Agreement Attachment C Site Access Agreement 400 North Myrtle Avenue Clearwater, Pinellas County, Florida Page 1 of 2 SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY BROWNFIELDS REDEVELOPMENT PROGRAM 1.The City of Clearwater, the real property owner (“undersigned” or “owner”), hereby grants permission to the State of Florida, Department of Environmental Protection (“Department”) and its agents and subcontractors to enter the undersigned’s property (“the property”) located at 400 North Myrtle Avenue, Clearwater, Pinellas County, Florida, as described in Attachment A attached to the BSRA for the brownfield site assigned the Brownfield Site Identification Number BF529701006, beginning on the date of execution of the BSRA and ending on such date as deemed appropriate by the Department or the successful completion of the BSRA, whichever occurs first. 2.This permission is contemplated to be used for the following activities that may be performed by the Department, its agents, representatives or subcontractors: a.Having access to areas where contamination may exist. b.Investigation of soil and groundwater including, but not limited to, the installation of groundwater monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and sediment samples, the logging of existing wells, videotaping, preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, and other materials deemed appropriate by the Department and the like. c.Removal, treatment and/or disposal of contaminated soil and water, which may include the installation of recovery wells or other treatment systems. 3.Upon completion of the investigation, the Department will restore the property as near as practicable to its condition immediately prior to the commencement of such activities. 4.The granting of this permission by the undersigned is not intended, nor should it be construed, as an admission of liability on the part of the undersigned or the undersigned’s successors and assigns for any contamination discovered on the property. 5.The Department, its agents, representatives or subcontractors may enter the property during normal business hours and may also make special arrangements to enter the property at other times after agreement from the undersigned. 6.The Department acknowledges and accepts any responsibility it may have under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees acting within the scope of their employment while on the property. City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 C-2 096198.000001 611088379.2 Brownfield Site Rehabilitation Agreement Site Access Agreement 400 North Myrtle Avenue Clearwater, Pinellas County, Florida Page 2 of 2 7.In exercising its access privileges, the Department will take reasonable steps not to interfere with the Owner’s operations, or the remediation and redevelopment activities pursuant to the BSRA. City of Clearwater Signature of Real Property Owner Signature of Witness Print Name: William Horne Print Name: Title, if applicable: City Manager Date Date Accepted by the Department by the following authorized agent: Signature of Department representative Signature of Witness Print Name: Print Name: Title of Department representative Date Date City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 D-1 096198.000001 611088379.2 Attachment D Documentation Describing the Proposed Redevelopment The proposed redevelopment is for expanded current uses associated with the operations of Clearwater Gas System. A copy of the June 2017 proposed Site Plan is provided below. The Person Responsible For Brownfield Site Rehabilitation and the local government with jurisdiction are the same entity. City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 D-2 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 E-1 096198.000001 611088379.2 Attachment E Contractor Certification Form BF529701006 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 E-2 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 E-3 096198.000001 611088379.2 BF529701006 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 E-4 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 F-1 096198.000001 611088379.2 Attachment F Quality Assurance Certificate BF529701006 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 F-2 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 F-3 096198.000001 611088379.2 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 G-1 096198.000001 611088379.2 Attachment G Advisory Committee Members BF529701006 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701006 H-1 096198.000001 611088379.2 Attachment H Format for Submittal of Technical Documents 1.One hard copy or one electronic copy of each report or proposal and final reports shall be submitted to the Department or to the delegated local program. 2.In an effort to increase efficiency, responsiveness, and to enhance environmental protection, electronic records are an acceptable media substitute for hard copy and shall be pursued as the first option of choice to arrive at compliance. Where an electronic format exists of the records it shall be used to transmit the data, file, report, document, map, plans, picture, record, or any other object that may be available in an electronic format. Electronic records shall be kept in industry standard non-proprietary formats: TIFF, GIF, JPEG, PDF, or in Microsoft Word, Microsoft Excel, and Microsoft Access not older than one (1) release behind the current. 3.Data requested shall be transmitted using available media such as E-mail, Compact Disc (CD), or File Transfer via an FTP site. Additional formats may be considered at the time of the request. 4.After final approval of each report, an electronic copy and one hard copy shall be submitted within 30 days. 5.The media shall include a file directory and specify the “naming convention”. (a)Final reports (any text files) must be in one of the approved formats. (b)Site maps and surveys shall be in TIFF, JPEG or “.pdf” format. (c)Site-specific GIS data tables shall be in Excel or text (tab delimited) format. (d)The cover of the media shall include the Site Name, Designated Brownfield Area, Date and Type of Report(s). The left inside cover of the media should list all the files located on the media. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4104 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Authorize a Work Order to Kimley-Horn and Associates, Inc. of Tampa, Florida in the amount of $125,000.00 to prepare a Complete Streets Concept Plan for the City of Clearwater, and authorize the appropriate officials to execute same. (consent) SUMMARY: In March 2017, the City was awarded a grant from Forward Pinellas to develop a Complete Streets Concept Design for Drew Street. On May 15th 2017 the Planning and Development Department presented to City Council a roadmap for developing the citywide Complete Streets plan. The citywide Complete Streets Implementation Plan will further lead to the development of a Bicycle/Pedestrian Master Plan and indentify elements and measures necessary to achieve the Bicycle Friendly Community Bronze designation On July 20th 2017, City Council accepted a grant from Forward Pinellas grant for the Drew Street Concept Plan. The Drew Street project will serve as a pilot project supporting the development of the citywide Complete Streets plan. The unique characteristics of Drew Street offer a great opportunity to test and evaluate a wide range of Complete Street strategies. The objective of the citywide implementation plan is to set the foundation for a roadway network that encourages mobility in the city. The citywide Complete Streets Implementation Plan will include the following: • Definition of Complete Streets Guiding Principles that will inform a Complete Streets policy • Development of a Complete Streets Citywide GIS Database/Facilities Inventory • Document the existing challenges and barriers • Identify context classifications and street typologies with associated street design guidance • Development of a framework for projects prioritizations with robust evaluation methodology and fair selection criteria that considers (cost, connectivity, safety, demand, and equity) • Development of performance measure metrics • A detailed Action Plan for Implementation including funding options and performance metrics In 2016, Forward Pinellas, acting as the Pinellas Planning Council and Pinellas County Metropolitan Planning Organization, approved six firms to provide professional planning services for five general planning “sub areas,” including multimodal transportation planning and Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4104 analysis, economic analysis, communications and public involvement, urban design, and land use/redevelopment. Code of Ordinances sec. 2.564 (1)(b) allows for direct-contracting with consultants utilizing contracts previously awarded by other governmental entities. The Planning and Development Department had selected Kimley-Horn and Associates, one of Forward Pinellas’ shortlisted Consultants, to carry out the citywide Complete Streets plan along with Drew Street Concept Plan. Streamlining the two projects tasks will promote efficiency and effectiveness. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-01420-530100, Professional Services , to fund this contract. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/1/2017 1 City of Clearwater Citywide Complete Streets Implementation Plan Project Description: The City of Clearwater seeks to develop a Citywide Complete Streets Implementation Plan that will set the foundation for a street network that encourages mobility in the City. The Complete Streets Implementation Plan will be prepared concurrently with the Drew Street Complete Streets Concept Plan. The Drew Street Concept Plan will serve as a pilot project by identifying and evaluating a wide range of Complete Street strategies that can be used in future concept plans. The Drew Street Concept Plan will also lay the groundwork for data needed for the full Citywide Plan as well as well as performance measures. The Citywide Complete Streets Implementation Plan will further lead to a Bicycle/Pedestrian Master Plan, which is not included as part of this scope of services. The Citywide Complete Streets Implementation Plan will include the following: • Define complete street guiding principles that will inform a complete street policy, • Build on the appropriate mapping and analysis collected as part of the Drew Street Complete Streets Concept Plan to develop a Complete Streets Citywide GIS Database/Facilities Inventory, • Document a baseline of existing challenges and barriers, • Conduct public outreach and engagement, • Identify context classifications and street typologies with associated street design guidance, including a matrix of improvements/cross section elements by classification, • Develop recommendations for how the City of Clearwater can develop complete street projects, including project prioritization guidance and project delivery framework which will include evaluation criteria/performance metrics developed as part of the Drew Street Complete Street Concept Plan, • Summarize an Action Plan for Implementation (Policy considerations, project prioritization and project delivery, design guidance, physical list of improvements identified, funding options, and performance metrics and next steps). 2 Project Tasks: Task 1 – Complete Street Guiding Principles Kimley-Horn will develop a set of guiding principles to help the project team with citywide complete street project priorities. This task will include a meeting with the City project team and will also utilize discussions from the Drew Street Concept Plan to develop guiding principles In Task 5, evaluation criteria will be developed along with performance metrics that relate to the guiding principles to guide decisions on complete street projects. Deliverables: • One (1) meeting with the City project team to discuss complete street guiding principles • Review of existing goals provided by City staff. • Summary of Complete Street Guiding Principles Responsibilities of City Staff: • One (1) meeting with Kimley-Horn staff and provide existing City goals. Task 2 – Complete Streets GIS Database/Facilities Inventory and Baseline Assessment The Drew Street Complete Streets Concept Plan will inform needed information for the Citywide Complete Street Implementation Plan. The following will be accomplishing: • A GIS inventory listing (provided in the table below) will be submitted to staff for review. Kimley- Horn will update the inventory outline per comments provided. The inventory will document information that will be used in understanding baseline conditions as well as a subset of information needed for future tasks such as the Bicycle/Pedestrian Master Plan and Bicycle Friendly Community efforts. • Kimley-Horn will hold a meeting or conference call with the City GIS staff to coordinate and establish planning level standards for data development, formatting, and data delivery of the project GIS datasets developed during the project. • Kimley-Horn will provide sample map templates for review and comment by staff to discuss the project map template for use on all deliverables. Two (2) GIS map templates will be developed for this project, one (1) large scale (24x36) and one (1) small scale (11x17 or 8.5x11) map for use in reports and handouts. The map template will develop the complete streets network for this project to include arterials, collectors, and major local roadways • Maintenance or continual updates of the shapefiles or geodatabases is not provided with this task and is considered additional services. This task will not include creation of new data sources (i.e. new sidewalk layer). 3 Datasets to be provided by the City and other sources (to be coordinated by City staff) include the following: Source Datasets City of Clearwater 1. Non-motorized (include 5 year CIP projects): a. Existing and planned sidewalks, b. Existing and planned on-street bikeways and facilities by type, c. Existing and planned trails, surface (paved/unpaved), and width d. Major crossings and mid-block crossings 2. Roadway characteristics: a. City roadways b. Traffic Signal locations c. Traffic Count locations d. Number of traffic lanes existing and proposed for major thoroughfares, e. Posted speeds limits f. Utility information (specifically Drew Street) 3. Boundaries: a. City limits b. Neighborhood Boundaries c. Council Districts d. Community Redevelopment Agencies 4. Land use: a. Existing and future land use b. Redevelopment areas c. Schools and school zones d. Parks e. Zoning including neighborhood and commercial centers, industrial and employment centers, historic designations Pinellas Suncoast Transit Authority (PSTA) 1. Transit routes, stops, and transfer locations. 2. Ridership FDOT/Pinellas County/Forward Pinellas 1. Roadway characteristics: a. Functional Classification b. Number of traffic lanes existing and proposed for major thoroughfares c. Posted speeds limits d. Freight routes/SIS e. Traffic Signal locations (signal types, ITS installations) f. Traffic counts g. City, County, FDOT roadways (roadway jurisdiction) 2. FDOT 5-year work program (GIS format) and resurfacing schedule 3. Crash Data (Last 5 years) The information collected during this task will be used to perform an initial baseline assessment of opportunities related to complete streets. The initial baseline assessment of selected measures is listed below (Identified in the deliverables) 4 Deliverables: • Develop GIS geodatabase including a summary of what is included for future evaluations • Meeting with City GIS staff (1 meeting) • Large and small scale GIS basemap template including definition of complete street roadway network • Initial baseline assessment of selected measures: o Total bicycle network mileage to total road network mileage for the Bicycle Friendly Community (BFC) designation, o Arterial and Collector Streets with Bike lanes (for BFC), o Total pedestrian network mileage to total road network mileage (for BFC), o Bicycle access to public transportation (for BFC), o Socioeconomic information to identify areas with potential demand. Information will include population density, business density, young and older population, zero-car households, and income. Responsibilities of City Staff: • Meeting with Kimley-Horn (1 meeting) • Provide GIS shapefile and data needs from sources (if needed data is not available for analysis, City staff will collect or Kimley-Horn will develop as part of additional services). Task 3 – Public Outreach and Engagement Public outreach for this project will work in conjunction with the efforts from the Drew Street Concept Plan. Kimley-Horn and Vrana Consulting will be jointly involved on this task. The purpose will be to gain consensus on the elements of Complete Streets and priorities. Stakeholder and public outreach and engagement will include several methods listed below to gain consensus. Website and Social Media • The City will develop and host an overall complete streets project page on its website and social media pages to keep the public informed. • Kimley-Horn will provide material monthly from the other tasks in this scope of services at key milestones. Project Survey • A project survey will be created using MetroQuest. The survey will be developed by Kimley-Horn with City staff uploading and maintaining the survey utilizing their MetroQuest account. MetroQuest will also be utilized throughout the project for collecting feedback specifically after each community meeting. The purpose will be to identify good candidate areas for complete street improvements and to prioritize implementation. The survey will be distributed to the public through the City’s email list, City’s website, social media sites, as well as partnering agencies willing to provide the information to their email lists and/or online sites. City staff will provide the results to Kimley-Horn to review and summarize. 5 Community Workshops • Kimley-Horn will prepare for and facilitate up to four (4) community workshops to gather public input on the project. The workshops will occur at two different periods, with two (2) meetings earlier in the project with two (2) meetings around the final stage. The meetings will be held in different geographic areas of the City. • Kimley-Horn will work with staff to determine the best methods to share information, actively engage participants, capture feedback, and spark productive discussion regarding potential study outcomes. It is envisioned that the workshops will include a brief presentation followed by interactive exercises to hear as much as possible from the public on investment priorities and areas for complete street improvements. The first set of workshops will help validate priorities and initial recommendations. The second set of workshops will be to go into more detail on recommendations. • City staff will provide logistical support for the effort, including scheduling, space reservation, arranging for equipment and refreshments, and preparing and distributing announcements. Complete Street Advisory Committee • Up to three (3) project update meetings will be conducted with a Complete Streets Advisory Committee (CSAC) or Project Team to be formed by City staff to gain feedback at various points of the project. • CSAC participants should represent a cross-section of community interests including the transportation disadvantaged population (e.g., advocacy organizations for seniors, children, and low-income households), neighborhoods (e.g., Clearwater Neighborhoods Coalition), businesses (e.g., Clearwater Regional Chamber of Commerce), economic developers (e.g., Community Redevelopment Agency, realtors, and developers), special interest groups (e.g., bicycle and walking organizations/clubs), and City departmental staff. The meetings will also be open to members of the public if they would like to attend. The City will be responsible for scheduling and outreach for these meetings. • CSAC Meeting #1 will provide information on the project objectives/approach and a primer on complete streets. CSAC input on issues and opportunities will be solicited to inform the development of preliminary complete street guiding principles as well as items that should be investigated for the Citywide Complete Street Implementation Plan. • CSAC Meeting #2 will engage the CSAC in providing an update on public outreach activities, project prioritization, and potential complete street improvements. • CSAC Meeting #3 will engage the CSAC in reviewing and building consensus on recommendations for the Citywide Complete Street Implementation Plan. Group Meetings/Briefings Once draft Plan recommendations have been reviewed by City staff, the recommendations will be presented to up to three (3) additional meetings that may arise during the project. These meetings would be in addition to the CSAC and could include one on one meetings and briefings for certain groups (i.e. business, community, or city groups) as agreed upon by the City of Clearwater and Kimley- Horn PM. The purpose would be to gain additional feedback. 6 City Council Meetings • Kimley-Horn will prepare for and present at two (2) meetings with the City Council. • The first meeting will be a workshop with the City Council as the project progresses to discuss the feedback received through the public involvement efforts as well as the draft recommendations. The draft recommendations will be provided to the City PM prior to the workshops to allow review time for detailed discussion at the workshop. The second meeting will be to present and adopt recommendations for the implementation plan. Summary • Kimley-Horn will develop an overall public involvement summary. This summary will be compiled based on the public involvement activities listed above. The summary will include key input that will be considered in the development of the project recommendations. It is anticipated that the summary will be included in the Plan as an appendix. Deliverables: • Content provided to staff once a month for the duration of the project for the project website or social media at key milestones • Project survey and survey summary memorandum (City staff will send results for Kimley-Horn to review and summarize) • Four (4) community workshops, PowerPoint presentation(s), agenda, and materials • Up to three (3) separate meetings/briefings with business or community groups (i.e. neighborhood presidents, Chamber meeting, etc.) • Up to three (3) meetings with Complete Streets Steering Committee meetings or with Project Team • Up to two (2) City Council meetings • Public Involvement Summary Responsibilities of City Staff: • Review of materials • Update and maintain survey on MetroQuest, Provide results to Kimley-Horn • Setup and attendance at meetings • Provide and secure workshop/meeting locations and language translation services • Update of website and social media platforms Task 4 – Project Prioritization and Delivery Framework Kimley-Horn will review and summarize information on how roadway, bicycle and pedestrian projects are currently prioritized, reviewed, and then constructed. The task will include developing recommendations based on the following: • City staff will provide key materials on how roadway, bicycle, and pedestrian projects are currently prioritized, reviewed, and implemented. 7 • Kimley-Horn will review information provided to assess how complete street guiding principles can be integrated with the process. It is anticipated that the review will include the following: o Current engineering and signage/pavement marking standards for roadway, bicycle, and pedestrian projects o Summary of Development Review Process for site plans and associated urban design, roadway, bicycle, and pedestrian improvements o Information on how the departments provide comments on a project (schedule and review process summary for roadway, bicycle, and pedestrian projects). o Review of the Transportation Element and Housing Elements (text changes to the Comprehensive Plan and Land Development Code are not included with this scope of work and are considered additional services) • Kimley-Horn will conduct up to eight (8) interviews with key City departments to go over recommendations and to better understand the barriers to implementing complete street projects. • Kimley-Horn will update recommendations. • Kimley-Horn will develop evaluation criteria (to be refined from the Drew Street Concept Plan). Deliverables: • Updated project prioritization criteria to be summarized in the Final Report which will include a summary of changes to existing project prioritization and project delivery procedures. Two (2) rounds of updates will be provided. • Conduct up to eight (8) interviews with City departments. Responsibilities of City Staff • Provide prioritization and information on how projects are currently delivered. • Two (2) sets of consolidated comments on recommended changes to project prioritization and delivery procedures. Task 5 – Design Guidelines The task will include providing planning level complete street design guidelines. Kimley-Horn will review existing roadway design guidelines. The following will be reviewed: • Florida Design Manual (FDM) • The American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets (AASHTO Green Book) • USDOT Achieving Multimodal Networks: Applying Design Flexibility & Reducing Conflicts • Institute of Transportation Engineers (ITE) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach • National Association of City Transportation Officials (NACTO) Urban Street Design Guide • NACTO Urban Bikeway Design Guide • NACTO Transit Street Design Guide • City of Clearwater Engineering standards 8 The first part of this task will be to provide typical and constrained street widths by street types for the arterials and collectors and major local roads (based on the Comprehensive Plan, Transportation Element – Existing Functional Classification Map). It is envisioned that there will be up to four (4) street types summarized for the following: Pedestrian/Streetside Realm • Sidewalks/Shared Use Pathway • Furnishing • Lighting • Utilities • Landscape Buffer Roadway Realm • Curbs • Bicycle Facility • Through lane • Turn Lanes • Landscaping • Parking Lane • Lane widths • Target Speed The design guidance will reference pertinent FDOT Context classifications as follows: • Urban Center (C-5) • Urban General (C-4) • Suburban (C-3) • Up to two or three other local context zones Arterials, collectors and major local roads will be assigned to one of the context classifications mentioned as well as a street type (for roads shown in the Comprehensive Plan, Transportation Element – Existing Functional Classification Map. Local neighborhood streets are not included). A map series will be developed to show the context classification and street types. A complete street flexible design matrix will be developed that shows improvements/cross section elements by context classification (to include a minimum and desired target). The design guidelines will also include general guidance with summary text and pictures for the following: • Lane elimination on non-FDOT roadways • Neighborhood greenways • General strategies on neighborhood streets • Pedestrian elements • Bicycle elements • Transit elements • Intersection design guidance The draft design guidance will be summarized and submitted to the City. Up to two (2) meetings will be held with key City staff and Kimley-Horn staff. The final design guidance will be updated as part of the Action Plan. Deliverables: • Planning Level Draft Design Guidelines 9 • Map series of context classification and street types • Complete Street flexible design matrix • Up to two (2) meetings will be held with City staff • Planning Level Final Design Guidelines Responsibilities of City Staff: • Two (2) sets of consolidated comments Task 6 - Action Plan for Implementation A draft Final report will be developed to document implementation actions and responsible parties. Actions and recommendations will specifically focus on: The action plan will identify strategies with timeframes, responsible parties and key considerations. The timeframes will consist of short-term (1-2 years), mid-term (3 to 5 years), and long-term actions (5 years and beyond). One (1) meeting will be held with key City staff and Kimley-Horn staff to review the draft document and actions. Up to two rounds of comments will be provided and Kimley-Horn will revise the document and re-submit a Final Report to the City PM. It is envisioned that the Plan will include the following: • Guiding Principles • Summary of stakeholder and public outreach and engagement o Consensus on Complete Street elements and priorities • Actions Plan for Implementation o Policy Considerations: Overall policy recommendations (specific text changes to the comprehensive plan and land development code are not part of this scope), o Project Prioritization and Project Delivery: Recommendations and actions on how the City of Clearwater can deliver complete street projects o Design Guidelines: Recommendations and guidance on complete street elements o Physical Improvements: Listing of complete street improvements and projects (including high priority follow-up corridor studies, crossing improvements, additional trail as well as pedestrian and bicycle connectivity) o Funding options and strategies including partnerships/multi-disciplinary coordination (i.e. Schools, Public Health, law enforcement) o Initial Performance Metrics and Next Steps: How the City will define success into the future, including Bicycle Friendly Community levels Deliverables: • Draft Complete Streets Implementation Plan Report to be provided in electronic format (.pdf) • One (1) meeting with City Staff • Final Complete Streets Implementation Plan Report to be provided in electronic format (.pdf) Responsibilities of City Staff: • Two (2) sets of consolidated comments 10 Services Not Included Services not specifically provided for in the above scope, will be considered additional services. Additional services that can be provided will include, but will not be limited to, the following: • Transportation analysis such as traffic counts (tube counts), turning movement counts, operational analysis • Design, Permitting, and Construction • Survey or detailed utility assessment • Changes to Comprehensive Plan and Land Development Code • Additional public outreach not identified in this scope • Opinion of Probable Costs • Detailed parking demand and inventory study. SCHEDULE The anticipated schedule is twelve (12) months. COMPENSATION For work under Tasks 1 through 6, City of Clearwater will compensate Kimley-Horn monthly by % complete by task. The total amount is $125,000 for services provided and expenses incurred. Task Description Kimley Horn Fee Vrana Consulting Fee Total Fee Task 1 – Guiding Principles $4,000 $4,000 Task 2 – Complete Streets GIS Database/Facilities Inventory, Baseline Assessment $16,000 $16,000 Task 3 – Public Outreach and Engagement $33,000 $5,300 $38,300 Task 4 – Project Prioritization and Delivery Framework $21,000 $21,000 Task 5 – Design Guidelines $23,300 $23,300 Task 6 – Action Plan for Implementation $22,400 $22,400 Total $119,700 $5,300 $125,000 -IPlNELLASPLANNING^r^COUNCIL,-May 12, 2016Mr. Jared SchneiderKimley-Horn and Associates, Inc.655 Franklin StreetSuite 150Tampa, FL 33602Dear Mr. Schneider:RE: General Planning Consultant ContractEnclosed, please find a fully-executed copy of the contract between Kimley-Horn andAssociates, Inc. and the Pinellas Planning Council and MPO for general planningconsultant work. We look forward to working with you.If you have any questions regarding the contract, please contact Ms. Alicia Parinello inour office at (727) 464-5693 or e-mail her at aDarinello(5).Dinellascountv.ora.Sincerely,Whit Blanton.TAlCP, Executive DirectorPinellas Planning CouncilPinellas County Metropolitan Planning OrganizationWB/AP:ckEnclosure .^FlNELLASjLFlANMMGCOUNCILAGREEMENT FOR GENERAL PLANNING SERVICESThis agreement, ("AGREEMENT"), is made and entered into thisis ^day of Pr)G.q ,]^^'op^lit^d P^^i^ ^g^^i^n N'^^Sg),c^^ivfl' ^f^rreTto^f^en^o^'OT"PPC/MPO" as necessary, and Kimley-Hom and Associates, Inc., hereafter called theCONSULTANTWITNESSETH:WHEREAS, the PPC/MPO did determine that the CONSULTANT is fully qualified to renderthe services contracted and as outlined herein; andWHEREAS, the PPC/MPO does hereby retain the CONSULTANT to furnish said services inconnection with general planning services of the PPC/MPO as identified in the Exhibit "A", attachedhereto and made a part hereof; andWHEREAS, the CONSULTANT has expressed willingness and ability to provideaforementioned services.NOW, THEREFORE, the PPC/MPO and the CONSULTANT in consideration of the mutualcovenants hereinafter set forth agree as follows:SECTION 1. SERVICES.1.0The services described and provided for under Exhibit A (Scope of Services) constitutes theScope of Services to be performed by the CONSULTANT under this AGREEMENT1.1WORK EFFORT REQUIREMENTServices to be rendered by the CONSULTANT shall be commenced subsequent to proper andfull execution of the AGREEMENT and an approved task work order.Individual project assignments, herein referred as the TASK WORK ORDER, shall beauthorized and assigned by the PPC/MPO's Executive Director under the direction of an assignedproject manager. The CONSULTANT agrees to perform professional services associated withthe requested work in accordance with the terms of the Exhibit A. The Executive Director orassigned project manager shall furnish the CONSULTANT a Notice to Proceed specifying thework to be done and the type and amount of compensation for each task, or group of tasks,authorized under this AGREEMENT. The CONSULTANT shall commence ~no work untilreceipt of a Notice to Proceed.In connection with professional services to be rendered pursuant to this AGREEMENT, theCONSULTANT further agrees:Page 1 of 35 ^-^PlNZLLASPLANK I,'IG^-/L;OUNCIL1.1.1 To maintain an adequate staff of qualified personnel on the TASK WORK ORDER at all timesto ensure its completion within the term specified.1.1.2 To provide progress reports to the PPC/MPO's Executive Director or assigned project managerupon request and at intervals established by the PPC/MPO. The PPC/MPO will be entitled at'alltimes to be advised, at its request, as to the status of work being done by the CONSULTANT andof the details thereof.1'1*3 Toholda11 pertinent data and other work-related products open to the mspection of thePPC/MPO's Executive Director or assigned project manager.1.1.4 That all services must meet the specifications as required by state and federal regulations.1.2KEY PERSONNEL1.2.1 The CONSULTANT shall maintain an adequate and competent professional staff so as to enablethe CONSULTANT to timely perform under this AGREEMENT. The CONSULTANT agreesthat whenever, for any reason, one or more of the key personnel assigned to a TASK WORKORDERare, unavailable for performance under this AGREEMENT, the PPC/MPO may requirethe CONSULTANT to replace such mdividual(s) with an individual(s) of substantially equalabilities and qualifications.In accordance with the above, the CONSULTANT shall submit to the PPC/MPO a resumegiving the full name title, qualifications, and experience for all successors and/or new personsprior to assignment of such personnel to perform work under this AGREEMENT. Prior writtenconsent of the MPO/PPC is required before the CONSULTANT may utilize said new personnelto perform work associated with the AGREEMENT.1.2.2 The CONSULTANT agrees to acquire and mamtain sufficient legal, fmancial, technical, andmanagerial capacity to plan, manage and complete the TASK WORK ORDER.1.2.3 The CONSULTANTS personnel must be qualified and available in giving expert testimony anddepositions and capable of making court appearances if requested by the PPC/MPO.1.2.4 The CONSULTANT may associate with it such specialists for the purpose of its serviceshereunder (hereinafter SUBCONSULTANTS), without additional cost to the PPC/MPO otherthan those costs negotiated within the limits and terms of this AGREEMENT. Should theCONSULTANT desire to utiUze SUBCONSULTANTS, the CONSULTANT is fullyresponsible for the satisfactory completion of all subcontracted work.The CONSULTANT must require in all subcontracts that the SUBCONSULTANT is bound byall the terms of this AGREEMENT, mcluding, but not limited to, the PPC/MPO's right to securematenals o^^endces from the SUBCONSULTANT which might be a part of theSUBCONSULTANTs work production.The CONSULTANT, however, shall not assign or transfer any work under this AGREEMENTto other than the SUBCONSULTANTS listed m Exhibit C (Hourly Rates) without the writtenconsent of the PPC/MPO. K is understood and agreed that the PPC/MPO will not, except for suchservices so designated in Exhibit A or as may be approved by the PPC/MPO, if applicable,permit or authorize the CONSULTANT to perform the contract work with other than'its ownorganization and named SUBCONSULTANTS.Page 2 of 35 .^PlNELLAS^Pl\N^[MGy^-^COUMCIL1.2.5 The CONSULTANT must state in all subcontracts that services performed by any suchSUBCONSULTANT shall be subject to the Professional Consultant Work PerformanceEvaluation System as defined in Chapter 14-75, Florida Administrative Code.1.2.6 Standards of Conduct - The CONSULTANT is bound by the normal and customary professionalstandards of^care and the standards of conduct provided in applicable Florida'Statutes andapplicable rules of the Board of Professional Regulation as they relate to work performed underthis AGREEMENT. These Statutes will by reference be made a part of this AGREEMENT asthough set_ forth in_ fall. The CONSULTANT agrees to incorporate the provisions of thisparagraph in any subcontract mto which it might enter with reference to the work performedpursuant to this AGREEMENT1.3GENERAL CONDITIONS1.3.1 The CONSULTANT agrees to begin the TASK WORK ORDER work in a timely manner afterreceiving the Notice to Proceed from the PPC/MPO's Executive Director or assigned projectmanager. The CONSULTANT agrees to complete the overall TASK WORK ORDER'- afterhaving received the Notice to Proceed from the PPC/MPO's Executive Director or assignedproject manager.1-3.2 The CONSULTANT shall coordiaate work activities with the PPC/MPO and, as necessary, theFlorida Departmentof Transportation (FDOT), the Commission for the TransportationDisadvantaged (CTD) the Federal Transit Administration (FTA), the Federal Highway^dministf^ti<^ (FHWA)' pinellas County Board of County Commissioners in its capacity as theCountywide Planning Authorityandotllermvolved agencies and vendors, as specified in thescope of services defined in the TASK WORK ORDER.1.3.3 hi the jsvent that data are lost due to fault of the CONSULTANT or its SUBCONSULTANTS,t^l-?^/¥p9-_wilLnot-be billed- In addition> as recompense for said lost data, theCONSULTANT will perform additional data collection at no cost commensurate (i.e., on a one-to-one basis) with the amount of lost information.1.3.4 Chain of custody for all data must be adequately maintained and documented.1.3.5 All words used herein in the singular form shall extend to and include the plural. All words usedin the plural form shall extend to and include the singular. All words used in any gender shallextend to and include all genders.SECTION 2. SUBMTTTAL FOR PAYMENT REQUIREMENTS2.0The CONSULTANT shall submit electronic invoices on a monthly basis. All invoices mustinclude a progress report showing the actual tasks performed and their relationship to the feeclaimed. Invoices based on an approved Lump Sum Fee shall include a table showing thepercentage complete by task and the total budget amount. Invoices based on an Upset Limit Feeshall include a table with the hourly rates, time worked and direct expenses itemized and includedas backup. Each invoice must include a transmittal letter signed by the CONSULTANT'Sproject manager stating that the submittal package is complete, and all pertinent calculations anddetails have been checked for accuracy and completion. Incomplete invoice submittals andinvoices not properly prq?ared (mathematical errors, billing not reflecting actual work done, noPage 3 of 35 -^PlNELLASPLANNINGj^ C'SS'i^'c'iV,signature, etc.) shall be returned to the CONSULTANT for correction. All progress reports andinvoices shall be e-mailed to the attention of the PPC/MPO's Executive 'Director,wblanton(%umellascountv.org or his PPC/MPO staff designee.2.1.1 Invoice submittals shall include a Disadvantaged Business Enterprise (DBE) utilization schedule.DBE usage md payments must be included on the invoice as a separate line item and besupported with the DBE's original invoice. Proof of payment from the CONSULTANT to theDBE is required.2.1.2 ThePPC/MPOmay request additional information and evidence to support any and all invoicesfor fees claimed to be earned by the CONSULTANT before the PPC/MPO processes the invoicesfor payment.2.1.4 The PPC/MPO in no way obligates itself to check the CONSULTANT'S work and further is notresponsible for maintaining TASK WORK ORDER schedules.2.1.5 Pursuant to Florida Statute §337.162, all licensed and duly registered professionals under theemploy or in contract of the CONSULTANT and associated with this AGREEMENT shall beheld accountable for the quality of services provided. All final plans, documents, reports, studies,and other data prepared by the CONSULTANT or associated parties will bear the properprofessional endorsements as required by law.2.1.6 The_actual_accq)tance by the PPC/MPO of any submittal, including the final acceptance of theTASK WORK ORDER documents and reports provided for in this AGREEMENT, shallneither constitute nor imply any review or approval by the PPC/MPO of the services performedby the CONSULTANT under the provisions of this AGREEMENT but shall indicate only thePPC/MPO-s_acceptance_of the CONSULTANT'S affirmation of compliance with the provisionsand intent of this AGREEMENT.2.2TASK WORK ORDER MANAGEMENT SCHEDULE2.2.1 ATA^KW9RK ORDER management schedule for each assigned task shall be prepared by theCONSULTANT and approved by the PPC/MPO's Executive Director or assigned projectmanager. The schedule shall include a time line, proposed scope of services, a budget sheet withthe staff job classifications, number of staff hours with the associated approved rates and anyadditional expenses (such as printing costs) associated with the TASK WORK ORDER.2.2.2 The schedule shall be in accordance with each assigned task for work associated with Exhibit A.2.2.3 Any document and/or deliyerable relating to the TASK WORK ORDER including, but notlimited to, reports, maps, database collections, etc., must be provided to the PPC/MPO in theoriginal electronic format in which they were produced (i.e. MS Word, Excel, etc.) and in a .pdffile unless otherwise specified by the PPC/MPO. All documents must be in a format which isreadily accessible by devices to aid the visually disabled and must also be in a web accessibleformat. All data used within a document or report must have the data source identified with afootnote at_the_bottomofthepage or notation at the bottom of a table or graph at the point ofreference. Final TASK WORK ORDER payment due to the CONSULTANT may be withhelduntil the original electronic form of all documents and deliverables is received by the assigned*project manager.Page 4 of 35 -IPlN£LLASPlANN;\GCOUNCILIt shall be the responsibility of the CONSULTANT to ensure at all times that sufficient time^m?!l?s.-in_t-!lf.T^LS^^WORK ORDER schedule within which to complete services on theTASK WORK ORDER. In the event there have been delays which would affect the TASKWORK ORDER completion date, the CONSULTANT shall submit a written request aminimum of six weeks before the expiration of the AGREEMENT to the PPC/MPO^ whichidentifies the reason(s) for the delay, the amount of time related to each reason, specificindication as to whetheror not the delays^ were concurrent with one another, and a pWscheduleto mitigate the delay. The PPC/MPO will review the request and make a determination as togranting all or part of the requested extension or revised plan/schedule. PPC/MPO may grant toAe CONSULTANT, by "Letter of Time Extension," an extension of time for performance, equalt^.thT ^^?f?li?,l^d delays but not to extend beyond one (1) year from the date of expiration ofthis AGREEMENT.In the event time for perfomiance expires and the CONSULTANT has not requested, or if thePPC/MPO has denied, an extension of the TASK WORK ORDER schedule completion date,partial progress payments will be stopped on the date time expires. No payment shalfbe made forwork performed subsequent to the completion date unless a time extension is granted or all workhas been completed and accepted by the PPC/MPO.SECTION 3. SERVICES TO BE FURNISHED BY THE PPC/MPO3.0I?°^"^LJ??^riatioIl.~In the event that conditions arise, such as lack of available funds, which inAePPCMPO's opinion make it advisable and in the public interest to immediately terminate thisAGREEMENT, it may do so upon written notice. The PPC/MPO, during any fiscal year, shallnot expend money, incur any liability, or enter into any agreement which, by its terms, involvesthe expenditure of money in excess of the amounts budgeted as available for expenditure duringsuch fiscal year. Any agreement, verbal or written, made in violation of this subsection is null andvoid and no money may be paid on such agreement. Accordingly, the PPC and MPO'sperformance and obligation to pay under this AGREEMENT is contingent upon appropriationby the FDOT, CTD, FHWA or FTA.3.1The PPC/MPO shall provide the CONSULTANT copies of all existing previously preparedfiles/documents pertinent to the TASK WORK ORDER, which the PPCAIPO may have m itspossession, when available. However, the onus is on the CONSULTANT to research, design,implement, hire or acquire any component or any part of the project thereof deemed to "berequisite for the satisfactory completion of the said task or any "phase of the TASK WORKORDER.Under no circumstances will the PPC/MPO be held liable or negligent for the perceived inabilityof any of its emPloyeesto locate> retrieve, furnish, supply or provide any of the requested files asneeded by the CONSULTANT.3.2PPC/MPO personnel shall coordinate all releases of mfonnation to the public or any other outsideagencies. The CONSULTANT or its SUBCONSULTANTS agrees that it shall make nostatements, press releases, or publicity releases concerning this AGREEMENT or its subjectmatter or otherwise disclose or permit to be disclosed any of the data or other informationobtained or funushed^m^omphance with this AGREEMENT, or any particulars thereof, during!.h^P-eriod_of.!he.iAGRE?]v![E?T without first notifying the PPC/MPO and securing its priorwritten consent unless such disclosure is required by law, subpoena , other court or administrativeorder.Page 5 of 35 ]" "'.PIN ELLASPlANNI;>;a- --'^-/COL'MCILSECTION 4. SCHEDULE OF PAYMENTS.4.0Upon Board or Executive Director approval of submitted invoices, as applicable, the PPC/MPOshall make payments as invoiced to the CONSULTANT in accordance with the following terms.These terms are applicable to all fees incurred, including Upset Limit and Lump Sum Fees.4.1The PPC/MPO agrees to pay the CONSULTANT compensation as detailed in Section 5.0.Invoices for fees or other compensation for services and expenses shall be submitted to thePPC/MPO in detail sufficient for a proper pre-audit and post-audit.4.2The general cost principles and procedures for the negotiation and administration, and thedetermination or allowance of costs under this AGREEMENT, shall be as set forth in the Codeof Federal Regulations, Titles 23, 48, and 49; and other pertinent federal and state regulations asapplicable; In the^event there_is a conflict between state regulations and federal regulations, themore restrictive of the applicable regulations will govern.SECTION 5. COMPENSATION TO THE CONSULTANT5.0The PPC/MPO agrees to pay the CONSULTANT for the performance of authorized servicesdescribed in Exhibit A through individual TASK WORK ORDERs.5.1The PPC/MPO and the^X)NSULTANT shall negotiate an Upset Limit or Lump Sum Fee foreach TASK WORK ORDER. The fees shall be determined in accordance with the followingprovisions:The upset limit or lump sum amount established for each assignment shall be the agreed5.2personnel effort required for performance of the services at the approved hourly rates as specifiedin Exhibit C, plus the cost of negotiated expenses.5.3The^ approved hourly rates per job classification for the prime CONSULTANT and anySUBCONSULTANT to be applied to this AGREEMENT are specified in Exhibit C. Approvedhourly rates in Exhibit C may be re-negotiated during renewal of the contract.SECTION 6. COMPENSATION ELEMENTS6.0The negotiated fee for each TASK WORK ORDER will compensate the CONSULTANT forall allowable costs related to the authorized services; salaries, overhead, fringe benefits, expenses,operating margin and FCCM, which is included in the loaded rate specified in Exhibit C.6.1METHOD OF PAYMENTUpon Board approval, the CONSULTANT shall be compensated for services approved by thePPC/MPO in connection with the performance of authorized services for each TASK WORKORDER as follows. Invoicing standards as described in Sections 2.0 and 4,0 are applicable to theUpset Limit Fee and Lump Sum Fee:Page 6 of 35 iU-Ip1J!N£LLAST' PlANNINGJ^-/ COUNCIA*A.Upset Limit FeePayments shall be made for the approved hourly rates with the direct expenses itemizedfor reimbursement, not to exceed the upset limit amount approved by the PPC/MPOExecutive Director or assigned project manager.B.Lump Sum FeePayments for lump sum fee task authorizations shall be made in an amount equal to thepercentage by task of lump sum work that has been satisfactorily performed as approvedby the PPC/MPO Executive Director or assigned project manager.SECTION 7. SATISFACTORY PERFORMANCEAll services to be provided bythecoNSULTANJUnder the provisions of this AGREEMENT,7.0includmg services to be provided by SUBCONSULTANTS, shall be performed to the reasonablesatisfaction of the PPC/MPO's Executive Director.7.1The CONSULTANT shall pay the PPC/MPO all losses damages, expenses, costs, and attorneysfees including appellate proceedings that the PPC/MPO sustains by reason of any default, anyr?.e^li^e-nl-?ct.'-_error or omission> including patent inffingements on the part of saidCONSULTANT in connection with the performance of this AGREEMENT. By signing thisAGREEMENT the CONSULTANT waives any right to reciprocal attorney's fees due tobudgetary limitations imposed on local government entities under Chapter 129, Florida Statutes.SECTION 8. CONSULTANT'S ACCOUNTING RECORDS8.0The CONSULTANT agrees to establish and maintain for the TASK WORK ORDER a set ofaccounts within the framewoA of an established accounting system and procedures that can beidentified with the TASK WORK OWER, in accordance with applicable Federal Regulationsi^L?tl^r_ requirements that the FDOT, CTD, FHWA and" FTA may impose. TheCONSULTANT agrees that all checks, payrolls, invoices, contracts, vouchers, expenses, orders,or other accounting documents related in whole or in part to the TASK WORK ORDER shall beclearly Kientified, readily accessible, and available to the PPC/MPO upon its request and, to theextent feasible, kept separate from documents not related to the TASK WORK ORDER.8.1All costs charged tojhe TASK WORK ORDER, including any approved services contributed bythe CONSULTANT or others, shall be supported by properly executed payrolls, time records,invoices, contracts, or vouchers describing in detail the nature and propriety of the charges.8.2The CONSULTANT agrees to refrain from_ drawing.checks, drafts, or orders for goods orservices to be charged against the TASK WORK ORDER until the CONSULTANT hasreceived and filed in its records a properly signed voucher describing in proper detail the purposefor the expenditure.8.3The CONSULTANT shall require all SUBCONSULTANTS, msurance agents, and materialsuppliers (payees) to comply with the provisions of this AGREEMENT by insertion ofrequirements of this AGREEMENT in written agreements between the CONSULTANT andPage 7 of 35 ~"1PlNELLAS*PUNNING^.~^COUNCILsuch payees. Failure to include such provisions shall be reason to exclude some or all of therelated payee's costs from the amount payable to the CONSULTANT pursuant to thisAGREEMENT.SECTION 9. REPORTmG. RECORD RETENTION. AND ACCESS9.0The CONSULTANT'S records shall be open to inspection and subject to examination, audit,and/or reproduction during normal working hours by the PPC/MPO's agent or authorizedrepresentative to the extent necessary to adequately permit evaluation and verification of anyinvoices, payments, orclamis_submitted by the CONSULTANT or any of his payees pursuantto the execution of the AGREEMENT. These records shall include, but liot'be limited to,accounting records, written policies and procedures, SUBCONSULTANT files (includingproposals of successful and unsuccessful bidders), original estimates, estimating worksheets^correspondence, change order files (includmg documentation covering negotiated settlements),an^L^y- _^til^r SUPPOrting evidence necessary to substantiate charges related to thisAGREEMENT They shall also include, but not be limited to, those records necessary toevaluate and verify direct andindirect costs (including overhead allocations) as they may apply tocosts associated with this AGREEMENT.9.1For the purpose of such audits, inspections, examinations and evaluations, the PPC/MPO's agentor authorized representative shall have access to said records from the effective date of theAGREEMENT for the duration of work, and until five (5) years after the date of final paymentby the PPC/MPO to the CONSULTANT pursuant to this AGREEMENT.9.2The PPC/MPO's agent or authorized representative shall have access to the CONSULTANT'Sfacilities and all necessary records m order to conduct audits in compliance with this Section. ThePPC/MPO's agent or authorized representative shall give the CONSULTANT reasonableadvance notice of intended inspections, examinations, and/or audits.9.3The CONSULTANT agrees that all reports and other documents or information mtended forpublic availability developed under this TASK WORK ORDER and required to be submitted tothe PPC/MPO must be prepared and submitted in the original electronic format and m accordancewith requirements that the PPC/MPO may specify, understanding that the PPC/MPO reserves theright to request records in other formats.9.4The CONSULTANT agrees to maintain intact and readily accessible all data, documents,reports, accounting records, contracts, and supporting materials relating to the TASK WORKORDER that the federalIgoyemment, the state goverament or the PPC/MPO may require duringti?l-c-c^e_of-t^e TA_s]fc WORK ORDER and for five years thereafter. Upon request, theCONSULTANT and SUBCONSULTANTS agree to permit the Secretary of Transportation; theComptroller General of the United States; and, if appropriate, the State of Florida or theirauthorized representatives to inspect all TASK WORK ORDER work, materials, payrolls, andother data, and to audit the books, records, and accounts of the CONSULTANT and itsSUBCONSULTANTS pertammg to the TASK WORK ORDER as required by 49U.S.C.§ 5325(g).9.5The CONSULTANT agrees to prepare and make available a comprehensive report or reports onthe results of the TASK WORK ORDER, the conclusions reached, and the methods used, asrequested.Page 8 of 35 r~^\'-°1PiM^L3.AS>PLANNINGCOUNCILnSECTION 10. TASK WORK ORDER COMPLETIQ^AND AUDIT10.0 Within sixty(60) calendar days of the TASK WORK ORDER'S completion date or tennination,the CONSULTANT agrees to submit a final Financial Status Report, a certification of TASKWORK ORDER expenses, and third party audit reports, as applicable.SECTION 11. OWNERSHIP OF TASK WORK ORDER DOCUMENTS11.1 All records, electronic files, documents, tracings, plans, specifications, maps, evaluations, reports^-?^r_t^!?ica^-(^ata'. otller than working papers, prepared or developed by theCONSULTANT under this AGREEMENT are the property of, the PPC/MPO withoutrestriction or limitation on their use and shall be made available upon request to the PPC/MPO atany time. All such documents shall be delivered to the PPC/MPO upon completion or terminationof this AGREEMENT. The CONSULTANT at its own expense may retain copies for its filesand internal use.11-2 '?.^_<^?^^iT^T.S^a^n-ot F^l^,^^^ri8^t,aliy materia^s and products or patent anyinvention developed under this AGREEMENT in whole or in part, or in any manner or form.The PPQMPOwiU have the right to visit the site for inspection of the work and the drawmgs ofthe CONSULTANT at any time. Unless changed by written agreement of the parties, said siteshall be Kimley-Hom and Associates, Inc. 655 Franklin Street, Suite 150, Tampa,"FL 33602.11.3 Any and all reports, documents provided or created in connection with this AGREEMENT areand shall remain the property of the Pinellas County PPC/MPO. In the event of termination ofthis AGREEMENT, any reports, photographs, surveys, and other data and documents preparedby CONSULTANT, whether finished or unfinished, shall become the property of the PPCA/tPOand shaH_b_e_deliveredto the PPC/MPO's Executive Director within seven (7) days of terminationof the AGREEMENT by either party.SECTION 12. mSURANCE COVERAGE AND INDEMNIFICATION12.0 The CONSULTANT shall obtain and maintain at all times during its performance of theAgreement, insurance of the types and in the amounts set forth. All insurance policies shall befrom responsible companies duly authorized to do business in the State of Florida and have anAMBes^ratingofA-Vm or better. Within ten (10) calendar days of executed Agreement, theCONSULTANT shall provide the PPC/MPO with properly executed and approved Certificatesof Insurance to evidence compliance with the insurance requirements of die agreement. TheCertificate(s) of Insurance shall be signed by authorized representatives of the insurancecompanies shown on the Certificate(s). A copy of the endorsement(s) referenced in 12.6 forAdditional Insured shall be attached to the certificate(s).12.1 No Services shall commence under this agreement unless and until the required Certificate(s) ofInsurance are received and approved by the PPC/MPO. Approval by the PPC/MPO of anyCertificate of Insurance does not constitute verification by the PPC/MPO that the insurancerequirements have been satisfied or that the insurance policy shown on the Certificate ofInsurance is in compliance with the requirements of the Agreement. The PPC/MPO reserves thenght to require a certified copy of the entire insurance policy, including endorsements, at anytime during the Agreement period.Page 9 of 35 ^-tP I IS- ELLAS^PL-usKlNG.^COUNCIL12'2 ^Il-policies Provldin8 liability coverage(s)'otherthan Professional Liability and Worker'sCompensation policies, obtained by the CONSULTANT to meet the requirements of theAgreement shall be endorsed to include PPC/MPO as an Additional Insured.12.3 If any insurance provided _pursuant_ to the Agreement expires prior to the expiration of theAgreement, renewal certificates of Insurance and endorsements shall be furnished by theCONSULTANT to the PPC/MPO at least thirty (30) days prior to the expiration date.12.4 CONSULTANT shall also notify PPC/MPO within twenty-four (24) hours after receipt, of any?^t^^ ^;^^i^nA'i^^e^-at^n'^ nollrene^a^.or a^verse material change in coverage receivedby said CONSULTANT from its insurer. Notice shall be given by certified mail to:PPC/MPO,310 Court Street, Clearwater, Florida 33756; and nothing contained herein shall absolveCONSULTANT of this requirement to provide notice.12.5 Should die CONSULTANT, at any time, not maintain the insurance coverages required herem,the PPC/MPO may_temunate the Agreement, or at its sole discretion may purchase suchcoverages necessary for the protection of the PPC/MPO and charge the CONSULTANT for suchpurchase. The PPC/MPO shall be under no obligation to purchase such insurance, nor shall it beresponsible for the coverages purchased or the insurance company or companies used. Thedecision of the PPC/MPO to purchase such insurance shall in no way be construed to be a waiverof any of its rights under the Agreement.1216 I.lLe-Z^/^IP5?_reserves the right' but not the duty'to review and request a copy of theCONSULTANT'S most recent annual report or audited financial statement when a self-insuredretention (SIR) or deductible exceeds $50,000.12.7 Each insurance policy shall include the following terms and/or conditions in the policy:(1) The Named Insured on the Certificate of Insurance must match the entity's name that issigning the Agreement.^ ^???^ifs..issumg the insurance policy, or policies, shall have no recourse againstPPC/MPO for payment of premiums or assessments for any deductibles which all are atthe sole responsibility and risk of the CONSULTANT.(3) The Pollcyclause "Other Insurance" shall not apply to any insurance coverage currentlyheld by PPC/MPO or any such future coverage, or to PPC/MPO's Self-Insured Retentionsof whatever nature.(4) All policies shall be written on a primary, non-contributory basis.(5) Any certificate of insurance evidencing coverage provided by a leasing company foreither Workers Compensation or Commercial General Liability shall have a list ofcovered employees certified by the leasing company attached to the Certificate ofInsurance. The PPC/MPO shall have the right, but not the obligation to determine thatthe_CONSULTANT is only using employees named on such list to perform work for thePPC/MPO. Should employees not named be utilized by Contractor, the PPC/MPO, at itsoption may stop work without penalty to the PPC/MPO until proof of coverage or^?^a-L°I the_emPloyee by the CONSULTANT occurs, or alternatively find theCONSULTANT to be in default and take such other protective measures as necessary.Page 10 of 35 I 1'^PlNELLASPLANMINGk- ^COUNCIL(6) Insurance policies,other than Professional Liability, shall include waivers ofsubrogationin favor ofPPC/MPO from the CONSULTANT.12.8 The insurance requirements for this Agreement, which shall remain in effect throughout itsduration, are as follows:(A) Workers' Compensation InsuranceLimitFlorida StatutoryEmployers Liability LimitsPer Employee$ 500,000Per Employee Disease$ 500,000Policy Limit Disease$ 500,000(B) Commercial General Liability Insurance including, but not limited to, IndependentContractor, Contractual Liability Premises/Operations, Products/CompletedOperation and Personal Injury.LimitsGeneral Aggregate$ 2,000,000Products/Completed Operations Aggregate$ 1,000,000Personal Injury and Advertising Injury$ 1,000,000Each Occurrence$ 1,000,000(C) Business Automobikor Trucker's/Garase LiabiHtsJnsurance covering owned, hiredand non-owned vehicles. Coverage shall be on an "occurrence" basis, such insuranceto include coverage for loading and unloading hazards, unless CONSULTANT canshow that this coverage exists under the Commercial General Liability policyLimitPer Accident$ 1,000,000(D) Professional Liability Insurance (Errors and Omissions) with at least minimum limitsas follows. If "claims made" coverage is provided, "tail coverage" extending three(3) years_ beyond completion and acceptance of the project with proof of "tailcoverage" to be submitted with the invoice for fmal payment. In lieu of "tail^^^^^^^i'^rI^'?^?i^^^?'^^t?R^^^ ^^^^i^^^l^^n^/^^l ^^^^^>^1.^^»^;^?^.T-^^year period, a current certificate of insurance providing "claims made" insurancewith prior acts coverage in force with a retroactive date no later than commencementdate of this contract.LimitsPage 11 of 35 -1PiNELLAS^PlA.\Nli\'G*^^COUNCILGeneral Aggregate$1,000,000Each Occurrence or Claim$1,000,000For acceptance of Professional Liability coverage mcluded within another policy required herein,a statement notifying the certificate holder must be included on the certificate'of insurance andthe total amount of said coverage per occurrence must be greater than or equal to the amount ofProfessional Liability and other coverage combined.(E) Property Insurance CONSULTANT will be responsible for all damage to its ownproperty, equipment and/or materials.12.9 The CONSULTANT does hereby agree to indemnify, defend, save and hold harmless thePPC/MPO mid all the members of its Board, its officers, and employees from and against alllosses and all claims, demands, payments, suits, actions, recoveries, expenses, attorney's fees, andjudgments of every nature and description including claims for property damage and claims forinjury or death of persons, or on account of, any claim or amounts recovered under the "WorkersCompensation Law" or of any other laws, bylaws, ordinance, order or decree brought orrecovered against it by reason of any act of negligence or omission of the CONSULTANT, itsagents, or employees except onlysuch injury or damage as shall have been occasioned by thesole negligence of the PPC/MPO. Nothing herein shall purport to waive the PPC/MPO'ssovereign immunity as provided in §768.28, Florida Statutes.SECTION 13. FEDERAL CLAUSE REQUIREMENTST^Ll0,1,1,0^,1?^. federally required clauses, incorporated herein by this reference, apply to thisAGREEMENT:1. Fly America Requirements2. Civil Rights Requirements3. Disadvantaged Business Enterprise (DBE)4. Energy Conservation Requirements5. Clean Water Requirements6. Clean Air7. Recycled Products8. Lobbying9. No Government Obligation to Third Parties10. Program Fraud and False or Fraudulent Statements and Related Acts11. Govemment-Wide Debarment and Suspension12. Incorporation of Federal Transit Administration (FTA) Terms13. Access to Records14. Federal Changes15. Termination16. Breaches and Dispute Resolution17. Patent and Rights in Data^"1 ^^ft^^l^*"*^^t?i^^^^^l^^^^>\;^^ ^^^^^^^l^^^^^^ia ^*^?^<^^S,^^^^1.^1^1^?-^^ ^^^1^ <ltl^^America" Act) in accordance with the General Services Administration's regulations at'41 CFRPage 12 of 35 ^PlNELLASPlANNiNG'n<^ ^ cl^!^:»?lit^Part 301-10, which provide that recipients and subrecipients of Federal funds and theircontractors are required to use U.S. Flag air carriers for U.S Goverament-financed internationalair travel and transportation of their personal effects or property, to the extent such service isavailable, unless travel by foreign air earner is a matter of necessity, as defined by the FlyAmerica Act. The Contractor shall submit if a foreign air carrier was used, an appropriatecertification or memorandum adequately explaining why service by a U.S. flag au carrier was notavailable or why it was necessary to use a foreign air carrier and shall, m any event, provide acertificate of compliance with the Fly America requirements. The Contractor agrees to include therequirements of this section in all subcontracts that may involve international air transportation.2^ Civil Riehts Requirementsa^Nondiscrimmation - Ina.ccwdasice withjitle VI of the Civil Rights Act of 1964, as amended,42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102 section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federaltransit law at 49 U.S.C. § 5332:-The CONSULTANT shall not discriminate on the basis of race, age, creed, disability, maritalstatus, color, national origin, or sex in the performance of this contract. The CONSULTANTshallcarry out applicable requirements of 49 CFR Part 26 in the award and administration ofDOT assisted contracts^ Failure by the CONSULTANT to carry out these requirements is am^e^L^e^h °f this AGREEMENT, which may result in the termination of thisAGREEMENT or such other remedy, as the PPC/MPO deems appropriate. "Each subcontract the CONSULTANT signs in regards to this TASK WORK ORDER mustinclude the assurance in this paragraph (see 49 CFR 26.13(b)). The CONSULTANT agrees tocomply with applicable federal and state implementing regulations and other implementingrequirements the Federal Transit Administration (FTA), FDOT or CTD may issue. In addition tothe above assurance, the Operator shall not discriminate on the basis of sexual orientation, in^?i^^frTl^J!^l^^^^o.dl5!^!lr:Z?^s^iT\d^T?^omlecti0^wi? !his ^:greem ^!'the undersigned will complete and submit Exhibit E "Title VI/Nondiscrimination Policy Statement",in accordance with its instructions.b. Equal Emplovment ODDortumty - The following equal employment opportunityrequirements apply to this AGREEMENT:(1). Race. Color. Creed. National Oriein. Sex - In accordance with Title VII of theCivil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49U.SC § 5332, the CONSULTANT agrees to comply with all applicable equalemployment opportunity requirements of U.S. Department of Labor (U.S. DOL)regulations, "Office of Federal _ Contract Compliance Programs, Equal EmploymentOpportunity, Department of Labor/' 41 C.F.R. Parts 60 et seq.. (which implementExecutive Order No. 11 246, "Equal Employment Opportunity," asamended by ExecutiveOrder No. 11375, "Amending Executive Order 11246 Relating to Equal EmploymentOpportunity," 42 U.S.C § 2000e note), and with any appficable'Federal'statutes,executive orders, regulations, and Federal policies that may in the future affectconstruction activities undertaken in the course of the TASK WORK ORDER. TheCONSULTANT agrees to take affirmative action to ensure that applicants are employed,and that employees_are treated during employment, without regard to their race, color;creed, national origin, sex, or age. Such action shall include, but not be limited to, thefollowing: Employment, upgrading, demotion or transfer, recmitment or recruitmentPage 13 of 35 "^PlNCLLASPLWNIN'GvrCOUNCILadvertising, layoff or tennination; rates of pay or other forms of compensation; andselection for training, includmg apprenticeship. In addition, the CONSULTANT agreesto comply with any implementing requirements FTA may issue.<2).Aee - In accordance with Section 4 of the Age Discrimination in Employment Act ofl^Z' a.s al^.e;??.ed_'^^us-^-§ 621 through 634 and Federal transit law at'49 U.S.C. §5332, the CONSULTANT agrees to refrain from discrimination against present andprospectiye employees for reason of age. In addition, the CONSULTANT agrees tocomply with any implementing requirements FTA may issue.(3). Disabilities - In accordance with section 102 of the Americans with Disabilities Act,as amended, 42US.C. § 12112, the CONSULTANT agrees that it will comply with therequirements of U.S^ Equal Employment Opportunity Commission, "Regulations toImplement the Equal Employment Provisions of the Americans with Disabilities Act," 29C.FR Part 1630, pertaining to employment of persons with disabilities. In addition, theCONSULTANT agrees to comply with any implementing requirements FTA may issue.(4)._Access to Services for Persons with Limited English Pj^ficiencsL- To the extentapplicable and except to the extent that FTA determines otherwise in writing, theCONSULTANT agrees to comply with the policies of Executive Order No. 13166,"Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C:§ 2000d-l note, and with the provisions of U.S. DOT Notice, "DOT Guidance toRecipients on Special Language Services to Limited English Proficient (LEP)Beneficiaries," 66 Fed. Reg. 6733 etseq., January 22, 2001. The MPO's LEP plan isavailableatthePPC/MPOofficebeviewedon-lineat:ormayhttp://www.oinellascountv.org/muo/PDFs/DBETitlerV/lep.pdf.^S). Environmental Justice - The CONSULTANT agrees to comply with the policiesof Executive Order No. 12898, "Federal Actions to Address Environmental Justice inMinority Population^ and Low-Income Populations," 42U.S.C. §4321 note, except tothe extent that the Federal Government determines otherwise in writing.(6). Other Nondiscrimination Laws - The CONSULTANT agrees to comply with allapplicable provisions of other federal laws, regulations, and directives pertaining to andprohibiting discrimination, except to the extent the Federal Government determinesotherwise in writing. The CONSULTANT also agrees to include these requirements ineach subcontract financed in whole or in part with federal assistance provided by FTA,modified only if necessary to identify the affected parties.3; Disadvantaeed Business Entenmse - This AGREEMENT is subject to the requirements ofTitle 49, Code of Federal ^Regulations, Part 26, Participation by Disadvantaged BusinessEnterprises in Department of Transportation Financial Assistance Programs. The MPO's overallgoal for FY 2014-2016 DBE participation is 4.4% and is applicable to'this AGREEMENT. Thisrequirement reflects the availability of willing and able DBEs who are registered with fhe State ofFlorida that would be expected to participate in MPO and its CONSULTANTS contracts absentthe effects of discrimination.The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award andadministration of this DOT-assisted AGREEMENT Failure^by^he CONSULTANT to carry outthese requirements is a^nlateri^ breach of this AGREEMENT, which may result in thetermination of this AGREEMENT or such other remedy as the PPC/MPO deems appropriate.Page 14 of 35 ~1PIN ELLASPLANNINGCOUNCILThe CONSULTANT is required to pay its subcontractors/SUBCONSULTANTs performingwork related to this AGREEMENT for satisfactory performance of that work no later than 30days after the CONSULTANT'S receipt of payment for that work from the PPC/MPO. Inaddition, the CONSULTANT may not hold retainage from its CONSULTANT.The CONSULTANT_must promptly notify the PPC/MPO, whenever a DBE performing workrelated to this AGREEMENT is terminated or fails to complete its work, and must make goodfaith efforts to engage another DBE to perform at least the same amount of work. TheCONSULTANT may not terminate any DBE subcontractor and perform that work through itsown forces or those of an affiliate without prior written consent of the PPC/MPO.Information on the MPO's DBE Program requirements is available at the PPC/MPO offices andon-line at: http://www.pinellascounty.org/mpo.More information on the State of Florida DBE Program, including an application and availableDBE bidders list may be found at:http://www.dot.state.fl.us/equalopportunityoffice/New_Folder/Files/UCP%20MODIFIED%20APPLICATION.pdf.4. Enerev Conservation - The CONSULTANT agrees to the extent applicable, to comply withmandatory standards and policies relating to energy efficiency which are contained in the state energyconservation plan issued in compliance with the Energy Policy and Conservation Act.5. Clean Water - The CONSULTANT agrees to comply with all applicable standards, orders orregulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 etseq. The CONSULTANT agrees to report each violation to the PPC/MPO and understands and agreesthat the PPC/MPO will, in turn, report each violation as required to assure notification to FTA and theappropriate EPA Regional Office.The CONSULTANT also agrees to include these requirements in each subcontract exceeding $100,000financed in whole or in part with Federal assistance provided by FTA.6. Clean Air - The CONSULTANT agrees to comply with all applicable standards, orders or regulationsissued pursuant to the Clean Air Act as miended, 42 U.S.C. §§ 7401 et seq. The CONSULTANT agreesto report each violation to the PPC/MPO and understands and agrees that the PPC/MPO will, in'tum,report each w)lation as required to assure notification to FTA and the appropriate EPA Regional Office.The CONSULTANT also agrees to include these requirements in each subcontract exceeding $100,000financed in whole or m part with Federal assistance provided by FTA.7. Recycled Products - Recovered Materials - The contractor agrees to comply with all the requirementsof Section 6002 of the Resource Conservation and Recovery Act(RCRA), as amended (42 U.S.C. 6962),includmg but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, asthey apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.8. Lobbvins -Clause and specific language therein are mandated by 49 CFR Part 19.Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - CONSULTANTS who apply or bid foran award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictionson Lobbying." The CONSULTANT agrees that no Federal appropriated funds have been paid or will bepaid by or on the behalf of the CONSULTANT, to any person for influencing of attempting to influence anyPage 15 of 35 ^-«|,~~'PfNELlASPlANNIKG.^^COUNCILofficer or any employee^ any Federal agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, themakmg of any Federal grant, the making of any Federal loan, the entering into'of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or»cooperative agreement.If any funds other than Federal appropriated funds have been paid by the CONSULTANT to any person forinflumcmg or attempting to influence an officer or employee of any Federal agency, a Member of Congress,an of6cer or employee of Congress, or an employee of a Member of Congress in connection with thisAgreement, the undersigned will complete and submit Exhibit F Standard Form LLL, "Disclosure Form toReport Lobbying", in accordance with its instructions.The Agency shall require that the language of this section be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperativeagreements) and that all SUBCONSULTANTS shall certify and disclose accordingly, pursuant to Exhibit F(Certification Regarding Lobbying).9. No Oblieation by the Federal Government to Third Parties - The PPC/MPO and CONSULTANTacknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approvalof the solicitation or award of the underlying AGREEMENT, absent the express written consent by theFederal Government, the Federal Government is not a party to this AGREEMENT and shall not besubject to any obligations or liabilities to the PPC/MPO, CONSULTANT, or any other party (whether orx?°lJLJ5,a^l° that AGREEMENT) pertaining to any matter resulting from" the underlyingAGREEMENT.The CONSULTANT agrees to include the above clause in each subcontract financed in whole or in part^i^-fe^iralass-i?anclpI?.vide,dby.^TA' n,is further a§reedthat the clause shall not be modified, excqrtto identify the subcontractor who will be subject to its provisions.10. Proeram Fraud and False or Fraudulent Statements and Related Acts - The CONSULTANTacknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31U.S.C. § 3801 et sea. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31,apj^J^-i}.i-a^tions P^rtain_i^g_to.this TASK WORK ORDER. Upon execution of the underlyingAGREEMENT, the CONSULTANT certifies or affirms the truthfulness and accuracy of any statementit has made, _it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTAassisted project for which this TASK WORK ORDER work is being perfonned.In addition to otherpenalties that may be applicable, the CONSULTANT further acknowledges that if it makes, or causes tobe made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the FederalGovernment reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986on the CONSULTANT to the extent the Federal Government deems appropriate.The CONSULTANT also acknowledges that if it makes, or causes to be made, a false, fictitious, orfraudulent claim, statement, submission, or certification to the Federal Government under a contractconnected with a project that_is financed in whole or m part with federal assistance originally awarded byFTAimder theauthority of 49 U.SC. § 5307, the government reserves the right to impose the penalties of18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(l) on the CONSULTANT, to the" extent the FederalGovernment deems appropriate.The CONSULTANT agrees to include the above two clauses in each subcontract financed in whole or inpart with federal assistance provided by FTA. It is farther agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions.Page 16 of 35 ~t^PIN ELLAS-GPlANi-.'IilGCOUNCIL11. Government-Wide Debarment and Suspension - This AGREEMENT is a covered transaction forpurposes_of 49_CFR Part 29. As such, the CONSULTANT is required to verify that none of theCONSULTANT its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905,are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.The CONSULTANT^ required to comply with 49 CFR 29, Subpart C and must mclude the requirementto comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.By signing and submitting this AGREEMENT, the CONSULTANT certifies as follows:The certification m this clause is a material representation of fact relied upon by the PPC/MPO. If it islater determined that the CONSULTANT knowingly rendered an erroneous certification, in addition toremedies available to the PPC/MPO, the Federal Government may pursue available remedies, includingbut not limited to suspension and/or debarment. The CONSULTANT agrees to comply with therequirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contractthat may arise from this offer. The CONSULTANT further agrees to^include a provision requiring suchcompliance in its lower tier covered transactions and will review the "Excluded Parties Listing System" atthe following Internet address: htto://eDls.amet.eov before entering into any third party or subagreement.12. Incorporation of Federal Transit Administration TA) Terms - The preceding provisionsmclude m part., certain Stand^-d Teims and Conditions required by DOT, whether or not expressly setforth m the preceding AGREEMENT provisions. All contractual provisions required by DOT, as setforth m FTA Circular 4220. IF are hereby incorporated by reference. Anything to the contrary hereinnotwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with otherprovisions contained in this AGREEMENT. The CONSULTANT shall not perform any act, fail toperform any act, or refuse to comply with any MPO requests which would cause the MPO to be inviolation of the FTA terms and conditions.13. Access to Records - Upon request, the CONSULTANT agrees to permit the Secretary ofTransportation; the PPC/MPO; the Comptroller General of the United States; and, if appropriate or theirauthorized representative^ to inspect all TASK WORK ORDER work, materials, payrolls, and otherdata, and to audit the books, records, and accounts of the CONSULTANT and Third Party contractorspertaining to the TASK WORK ORDER as required by 49 U.S.C. § 5325(g).14. Federal Changes - The CONSULTANT shall at all times comply with all applicable FTAregulations, policies, procedures and directives, including without limitation those listed directly or byreference in the FTA Master Ap-eement as they may be amended or promulgated from time to timeduring the term of this AGREEMENT. The CONSULTANT'S failure to so comply shall constitute amaterial breach of this AGREEMENT.15. Termination - All services are to be performed by the CONSULTANT to the satisfaction of thePPC/MPO's Executive Director based on the requirements of Exhibit A. The PPC/MPO's ExecutiveDirector shall decide all questions and disputes, of any nature whatsoever, that may arise in the executionand fulfillment of the services provided for under this AGREEMENT.a. Convenience fGeneral Provision) The PPC/MPO may terminate this AGREEMENT, inwhole or in part, at any time upon thirty day's (30) written notice to the CONSULTANT. TheCONSULTANT shall be paid its costs, including AGREEMENT close-out costs, and profit onwork performed up to the time of termination. The CONSULTANT shall promptly submit itsPage 17 of 35 ~~=-^-<PfNtLLASI'lANNINGCOUNCILi?^ic-e_io_thezpc/MPO for costs incurred up to the effective date of termination, providedCONSULTANT has not been previously reimbursed for such costs.b. Termination for Default [Breach or Causel (General Provision) If the CONSULTANTfails to perform in the manner called for in the AGREEMENT, if the CONSULTANT isindicted or has direct information issued against him for any crime arising out of or inconjunction with any work being performed for or on behalf of the PPC/MPO, if theCONSULTANT is placed in either voluntary or involuntary bankmptcy, or if theCONSULTANT fails to comply with any other provisions of the AGREEMENT, the PPC/MPOmay terminate this AGREEMENT for default. Termination shall be effected by serving a noticeof termination on the CONSULTANT setting forth the manner in which the CONSULTANT isin default The CONSULTANT will only be paid the AGREEMENT price for servicesperformed in accordance with the manner of performance set forth in the AGREEMENT.If it is later determined by the PPC/MPO that acts beyond the CONSULTANT'S control led tothe breach or default, including but not limited to a strike, fire, or flood, the PPC/MPO, aftersetting up a new delivery of performance schedule, may allow the CONSULTANT to continuework, or treat the termination as a tennination for convenience.c. OpDortunitv to Cure (General Provision^ The PPC/MPO in its sole discretion may, in thecase of a termination for breach or default, allow the CONSULTANT within thirty (30) days ofsaid notice of termination in which to cure the defect. In such case, the notice of termination willstate the time period in which cure is permitted and other appropriate conditions.If the CONSULTANT fails to remedy to PPC/MPO satisfaction the breach or default of any ofthe tenns covenants, or conditions of this AGREEMENT within thirty (30) days after receipt bythe CONSULTANT of written notice from the PPC/MPO setting forth the nature of said breachor default, the PPC/MPO shall have the right to terminate the AGREEMENT without any furtherobligation to the CONSULTANT. Any such termination for default shall not in any way operateto preclude the PPC/MPO from also pursuing all available remedies against the CONSULTANTand its sureties for said breach or default.d. Waiver of Remedies for any Breach In the event that the PPC/MPO elects to waive itsremedies for any breach by CONSULTANT of any covenant, term or condition of thisAGREEMENT such waiver by the PPC/MPO shall not limit the PPC/MPO's remedies for anysucceeding breach of that or of any other term, covenant, or condition of this AGREEMENT.16. Breaches and Dispute Resolution - All services are to be performed by the CONSULTANT to thesatisfaction of the PPC/MPO's Executive Director based on the requirements of Exhibit A. ThePPC/MPO's Executive Director shall decide all initial questions and disputes, of any nature whatsoever,that may arise in the execution and fulfillment of the services provided for under this AGREEMENT.This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy,the CONSULTANT mails or otherwise furnishes a written appeal to the PPC/MPO Executive Director.a. Appeals - After properly submitting an appeal in accordance with the provisions herein, theCONSULTANT shall be afforded an opportunity to be heard by the Executive Director and tooffer evidence in support of its position. The decision of the PPC/MPO Executive Director shallbe binding upon the CONSULTANT and the CONSULTANT shall abide be the decision.b. Performance Durin2 Dispute - Unless otherwise directed by the PPC/MPO, theCONSULTANT shall continue performance under this AGREEMENT while matters in disputeare being resolved.Page 18 of 35 ~3-1PIN ELLASPLANING^COUNCILc. Claims for Damages - Should either party to the AGREEMENT suffer injury or damage toperson or property because of any act or omission of the party or of any of his employees, agentsor others for whose acts he is legally liable, a claim for damages therefore shall be made inwriting to such other party within a reasonable time after the first observance of such injury ofdamage.d. Additional Remedies - After the CONSULTANT exhausts all administrative remedies withthe MPO/PPC as outlined above, the CONSULTANT may appeal to the FTA. Reviews ofprotests byAe FTA are completely discretionaiy and will be limited to: (1) a grantee's failure tohave or follow its protest procedures, or its failure to review a complaint or protest, or (2)violations of Federal law or regulation. An appeal to the FTA must be received within five (5)working days of the date the protester learned or should have learned of an adverse decision by!,^,^l!,e ^t^^sTi^^?^^l.t?ZTi^L-' ^he^f)N^UL?Lll?T may also Proceed to nonbmdingarbitration. The CONSULTANT is hereby on notice that if arbitration is pursued, the FTA mustconcur in any arbitration award before it becomes final and Federal Funds are released. Only ifthe administrative remedies discussed herem have been exhausted and nonbinding arbitration hasbeen pursued but unsuccessful shall the CONSULTANT have the right to bring a'claim in a courtof competent jurisdiction within the State of Florida. Venue shall be in Pinellas County, Florida.e. Rights and Remedies - The duties and obligations imposed by the AGREEMENT documentsand the rights and remedies available thereunder shall be in addition to and not a limitation of anyduties, obligations, rights and remedies otherwise imposed or available by law. No action orfailure to act by the PPC/MPO or CONSULTANT shall constitute a waiver of any right or dutyafforded any of them under the AGREEMENT, nor shall any such action or'faihu-e to actconstitute an approval of or acquiescence in any breach thereunder, except as may be specificallyagreed in writing.17. Patent and Rights Data-A. Rights in Data - The following requirements apply to each contract involving experimental,developmental or research work:1. The term "subject data" used in this clause means recorded mformation, whether or notcopyrighted, that is delivered or specified to be delivered under the contract. The term includesgraphic or pictorial delineation in media such as drawings or photographs; text m specificationsor related performance or design-type document^ machine forms "such as punched cards,magnetic tape, or computer memory printouts; and mfonnation retained in computer memory.Examples include, but are not limited to: computer software, engineering drawings and associatedlists, specifications, standards, process sheets, manuals, technical reports, catalog itemidentifications, and related information. The term "subject data" does not include financialreports, cost analyses, and similar information incidental to contract administration.2. The following restrictions apply to all subject data first produced in the performance of thecontract to which this Attachment has been added:a. Except for its own internal use, the CONSULTANT may not publish or reproducesubject data in whole or in part, or in any manner or fonn;nor may CONSULTANTauthorize others to do so, without the written consent of the Federal Government, untilsuch time as the Federal Government may have either released or approved the release ofsuch data to the public; this restriction on publication, however, does not apply to anycontract with an academic institution.Page 19 of 35 -.1I^PIMELLASPlANNiMGCOUNCILb. In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Governmentreserves a royalty-free, non-exclusive and in-evocable license to reproduce, publish, orotherwise use, and to authorize others to use, for "Federal Government purposes," anysubject data or copyright described m subsections (2)(b)l and (2)(b)2"of*this clausebelow. As used in the previous sentence, "for Federal Government purposes," means useonly for the direct puiposes of the Federal Government. Without the copyright owner'sconsent, the Federal Government may not extend its Federal license to any other party1. Any subject data developed under that contract, whether or not a copyright hasbeen obtained; and2 Any rights of copyright purchased byjhe CONSULTANT using Federalassistance in whole or in part provided by FTA.c. When FTA awards Federal assistance for experimental, developmental, or researchwork, it is FTA's general intention to increase transportation knowledge available to thepublic^atherthan to restrict the benefits resulting from the work to participants in thatwork. Therefore, unless FTA detennines otherwise, the CONSULTANT performingexperimental, developmental, or research work required by the underlying contract towhich this Attachment is added agrees to permit FTA to make available to the public,either FTA's license in the copyright to any subject data developed in the course of thatcontract, or a copy of the subject data first produced under the contract for which acopyright has not been obtained. If the experimental, developmental, or research work,which is the object of the underlying contract, is not completed for any reasonwhatsoever, all data developed under that contract shall become subject data as defined insubsection (a) of this clause and shall be delivered as the Federal Government may direct.This subsection (c), however, does not apply to adaptations of automatic data processingequipment or programs for the CONSULTANT'S use whose costs are financed in wholeor in part with Federal assistance provided by FTA for transportation capital projects.d. Unless prohibited by state law, upon request by the Federal Government, theCONSULTANT agrees to indemnify, save, and hold harmless the Federal Government,its officers, agents, and employees acting within the scope of their official duties againstany liability, including costs and expenses, resulting from any willful or intentionalviolation by the CONSULTANT of proprietary rights, copyrights, or right of privacy,arising out of the publication, translation, reproduction, delivery, use, or'disposition ofany data furnished under that contract. The CONSULTANT shall not be required toindemnify the FedCTal Government for any such liability arising out of the wrongful actof any employee, official, or agents of the Federal Government.e. Nothing contained in this clause on rights in data shall imply a license to the FederalGovernment under any patent or be construed as affecting Ae scope of any license orother right otherwise granted to the Federal Government under any patent.f. Data developed by the CONSULTANT and financed entirely without using Federalassistance provided by the Federal Government that has been incoiporated into workrequired by the underlying contract to which this Attachment has been added is exemptfrom the requirements of subsections (b), (c), and (d) of this clause, provided that theCONSULTANT identifies that data in writing at the time of deliveiy of the contractwork.Page 20 of 35 -.~tPINELLA5^PlANM'NG^-^COUNCILg. Unless FTA determines otherwise, the CONSULTANT agrees to include theserequirements in each subcontract for experimental, developmental, or research workfinanced in whole or m part with Federal assistance provided by FTA.3. Unless the^Federal Government later makes a contrary determination in writing, iirespective ofthe CONSULTANT'S status (i.e. , a large business, small business, state government or statemstrumentality, local government, nonprofit organization, institution of higher education,individual, etc.), the CONSULTANT agrees to take the necessary actions to provide, throughFTA, those rights in that invention due the Federal Government as described in U.S. Departmentof Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and SmallBusiness Finns Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R.Part 401.4.The CONSULTANT also agrees to include these requirements in each subcontract forexperimental, developmental, or research work financed in whole or in part with Federalassistance provided by FTA.B. Patent Rights - The following requirements apply to each contract involving experimental,developmental, or research work:1. General - If any mvention, improvement, or discovery is conceived or first actually reduced topractice in the course of or under the contract to which this Attachment has been added, and thatinvention, improvement, or discovery is patentable under the laws of the United States ofAmerica or any foreign country, the CONSULTANT agrees to take actions necessary to provideimmediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.2. Unless the Federal Government later makes a contrary determination in writing, irrespective ofthe CONSULTANT'S status (a large business, small business, state government or stateinstrumentality, local government, nonprofit organization, institution of higher education,individual), the CONSULTANT agrees to take the necessary actions to provide, tb-ough FTA,those rights in that invention due the Federal Government as described in U.S. Department ofCommerce regulations, "Rights to Inventions Made by Nonprofit Organizations and SmallBusiness Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R.Part 401.3. The CONSULTANT also agrees to include the requirements of this clause in each subcontractfor experimental, developmental, or research work financed in whole or m part with Federalassistance provided by FTA.SECTION 14. PROTTTBITION AGAINST CONTINGENT FEE14.0 The CONSULTANT warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT, to solicit or secure thisAGREEMENT and that he has not paid or agreed to pay any person, company, corporation,individual, or firm other than a bona fide employee working solely for the CONSULTANT, anyfee, commission, percentage, gift or any other consideration, contingent upon or resulting -fromthe award or making of this AGREEMENT.SECTION 15, TRUTH IN NEGOTIATIONS.Page 21 of 35 .-^PINELLA5PLANNINGh-d'COUNCIL15.0 In connection with this agreement, the CONSULTANT is required to complete Exhibit D "Truthin Negotiations" certificate.SECTION 16. SUCCESSORS AND ASSIGNS.16.0The CONSULTANT shall not assign or transfer its mterest in this AGREEMENT without thewritten consent of the PPC/MPO.SECTION 17. DEBARMENT AND SUSPENSION17.0 This AGREEMENT is a covered transaction for purposes of 49 CFR Part 29. As such, theco]?S.^.T^N-r][ ^ required to verify that none of the CONSULTANT, its principals, as definedat 49 CFR 29 995, or affiliates, as defined at 49 CFR 29.905, are excluded or'disqualified asdefined at 49 CFR 29.940 and 29.945.The CONSULTANT is required to comply with 49 CFR 29, Subpart C and must include therequirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters.into.By signing and submitting this AGREEMENT, the CONSULTANT certifies as follows:The certification in this clause is a material representation of fact relied upon by the PPC/MPO. Ifit is later determined that the CONSULTANT knowingly rendered an erroneous certification, maddition to remedies available to the PPC/MPO, the Federal Government may pursue availableremedies, including but not limited to suspension and/or debarment. The CONSULTANT agreesto comply with the requirements of 49 CFR 29, Subpart C while this ofFer is valid and throughoutthe period of any contract that may arise from this offer. The CONSULTANT further agrees toinclude a provision requiring such compliance m its lower tier covered transactions and willreview the "Excluded Parties Listing System" at the following Internet address:http://epls.amet.gov before entering into any third party or subagreement.Failure to comply with this provision of the AGREEMENT shall be considered a material breachand shall be grounds for immediate termination of the AGREEMENT.SECTION 18. ENDEPENDENT CONSULTANT18.0 The CONSULTANT acknowledges that it is functioning as an independent CONSULTANT inperforming under the tenns of this AGREEMENT, and it is not acting as an employee ofPPC/MPO.SECTION 19. NOTICE AND CONTACTS19.0 AU notices required by law and by this AGREEMENT to be given by one party to the other shallbe in writing and shall be sent to the following respective addressees:PPC/MPO:Whit Blanton, PPC/MPO Executive DirectorPage 22 of 35 -^-i>P: IS'ELLASPUNNING-1COUNCIL310 Court Street, 2nd FloorClearwater, FL 33756CONSULTANT:Jared SchneiderKimley-Hom and Associates, Inc.655 Franklin Street, Suite 150Tampa, FL 33602Phone:(813)635-5587Email: jared.schaeider@kimley-hom.comIf a different representative is designated after execution of this AGREEMENT, notice of thenew addressees will be made in writing.SECTION 20. CONFLICT OF INTEREST.20.0 By accepting award of this AGREEMENT, the CONSULTANT, which shall include itsExecutive Directors, officers and employees, represents that it presently has no interest in andshall acquire no interest, either directly or indirectly, in any busmess or activity which wouldconflict in any manner with the performance of services required hereunder, mcluding asdescribed in the CONSULTANT'S own professional ethical requirements. An interest in abusiness or activity which shall be deemed a conflict includes, but is not limited to, any direct orindirect financial interest in any of the material and equipment manufacturers, suppliers,distributors, or consultants who will be eligible to supply material and equipment for the TASKWORK ORDER for which furnishing its services is required hereunder.20.1 The CONSULTANT further covenants and agrees that, when a former PPC/MPO employee isemployed by the CONSULTANT, the CONSULTANT will require that strict adherence by theformer employee of, Section 112.3185, Florida Statutes, is a condition of employment of saidformer employee. These Statutes will by reference be made a part of this AGREEMENT asthough set forth m full. The CONSULTANT agrees to incorporate the provisions of thisparagraph in any subcontract into which it might enter with reference to the work performedpursuant to this AGREEMENT.20.2 Representation of an applicant of a local site plan or proposed amendment of a zoning or futureland use map designation by the CONSULTANT may be considered a conflict of interest if thePPC/MPO is providing technical assistance to the applicable local government. Approval byPPC/MPO staff is necessary prior to CONSULTANT agreeing to represent a developer insupport of a request seeking future land use map/zoning amendments or site plan approval fromlocal governments within Pinellas County.20.3If, in the sole discretion of the PPC/MPO's Executive Director or designee, a conflict of interestis deemed to exist or arise during the term of the AGREEMENT, the PPC/MPO's ExecutiveDirector or designee may cancel this AGREEMENT, effective upon the date so stated in theWritten Notice of Cancellation, without penalty to the PPC/MPO.SECTION 21. EFFECTIVE DATE, EXTENT AND TERM OF AGREEMENT.Page 23 of 35 -»PlMELLASPLANM;\'G^+COUNCIL«A21.0 This AGREEMENT will become effective upon proper and fmal execution, as reflected by thedate first written above (Effective Date).21.1 This AGREEMENT shall be for an initial tenn of two (2) years, which shall commence upon theEffective Date as defined herein. The PPC/MPO shall have the option to renew thisAGREEMENT for two (2) additional terms of two (2) years each upon mutual writtenagreement of the Parties.SECTION 22. PUBLIC ENTITY CRIMES.22.0The CONSULTANT is directed to the Florida Public Entity Crimes Act, Section 287.133,Florida Statutes, specifically Section 2(a), and the PPC/MPO's requirement that theCONSULTANT comply with it in all respects prior to and during the term of theAGREEMENT, as provided in Exhibit B (Public Entities Crime Form).SECTION 23. DOCUMENTS COMPRISING AGREEMENTS.23.0This AGREEMENT represents, together with all Exhibits, the entire written AGREEMENTbetween the PPC/MPO and the CONSULTANT and may be amended only by written instrumentsigned by both the PPC/MPO and the CONSULTANT.SECTION 24. FINAL CLOSEOUT.24.0The PPC/MPO may perform or have performed a final audit of the records of theCONSULTANT and any or all SUBCONSULTANTS to support the compensation paid theCONSULTANT for the TASK WORK ORDER. The audit would be perfonned as "soon aspractical after completion and acceptance of all contracted services. The final payment to theCONSULTANT may be adjusted for audit results.24.1Subsequent to the satisfactory completion of all services, a Certificate of Completion shall beprepared stating the total compensation due the CONSULTANT, the amount previously paid,and the difference, if any. Upon execution of the Certificate of Completion, the CONSULTANTshall either submit a final invoice for any amount due or refund to the PPC/MPO anyoverpayment, provided the net difference is not zero.SECTION 25. GOVERNING LAW AND AGREEMENT EXECUTIONThe laws of the federal government and the State of Florida shall govern this AGREEMENT.IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and yearfirst above written.PINELLAS PLANNING COUNCIL AND PINELLAS METROPOLITAN PLANNINGORGANIZATIONPage 24 of 35 .k.""IPlNELLASPLANNINGCOUNCILAttest:///y-././.By:By:'^ly/^^^L^/-->,jf^/\^Whit Blanton, FAICPCoun6ilmember Jim Kf-xPPC/MPO Executive DirectorPPC/MPO Chairman //By:Commi/sionerJoanne^6ookie" KennedyPPC/MPO SecretaryApproved as to form:^^^"-s^"/^^^^"^^ ^"^By: Chelsea HardyAssistant County AttorneyKIMLEY-HORN AND ASSOCIATES, INC.Attest:^.yyBy:/Print Name: S^rf ^ 61-L.i^m. . PS./Title:\}Tt c.PS.^'^CC £n~T~AAf5T ^Ece.erAR^fPage 25 of 35 -1/PlNtLLASPLANNINGCOUNCILEXHIBIT ASCOPE OF SERVICES1. PurposeThe Pinellas Planning Council (PPC) and Pinellas County Metropolitan Plaiming Organization (MPO),collectively referred to as "PPC/MPO", require the services of consultants to provide support toprofessional planning services for the PPC, MPO and local government jurisdictions.The MPO receives grant funding from the Federal Highway Administration, the Federal TransitAdministration, the Florida Department of Transportation and the Florida Commission for theTransportation Disadvantaged. The Unified Planning Work Program (UPWP) details the work the MPOperforms with this grant funding and is the basis for work conducted under MPO tasks. The PPC has anestablished budget that may be used to develop work assignments or augment those performed for theMPO to address land use and transportation together. In addition to the mandated land use andtransportation planning functions, the PPC/MPO is focused on the integration of land use andtransportation planning. The unified organization has identified three Pinellas Strategic Plamiing andOperations and Topics (SPOTlight) for 2016-2018: US 19 Corridor, Beach Access and the Gateway/Mid-County area. The next section outlines services that may be assigned to Consultant(s) under one or moregeneral planning consultant contracts for the PPC/MPO or participating local governments.2. ServicesThe PPC/MPO has five general planning "sub" areas that require the support of general planningconsultants including multimodal transportation planning and analysis, economic analysis,communications and public involvement, urban design, and land use/redevelopment. The generalplanning services that support the PPC/MPO's land use and transportation planning functions, and arenecessary to support all five "sub" areas include, but are not necessarily limited to:SPOTlight area planningScenario planning..Program developmentEnvironmental planning, including air..Public participationquality..Land use and socioeconomic data.Regional planning..GrowthmanagementandTransportation system monitoring anddatabase managementcomprehensive planningFinancial resources and legislationRedevelopment planning and regulation..a.monitoring.Countywide Land Use Plan supportSystems planningResearch, best practices and case studies..Congestion management, safety and.toperationsPublic transportation planning.Transportation disadvantaged plaiming.Bicycle and pedestrian planning.Local government technical assistance.Corridor planning..TheTransportationImprovementProgram (TIP)The Long Range Transportation Plan.(LRTP)Page 26 of 35 Descriptions of the sub area(s) for which the CONSULANT has been awarded are listed below:1. Multimodal Transportation Planning and AnalysisThe following Usts anticipated planning efforts related to multimodal transportation planning andanalysis. This includes, but is not limited to:Modeling and Simulation.Bicycle and Pedestrian Activities.Transit Service and Operations.Transit Capital Facilities.Transportation Disadvantaged.Data Collection, Development and Management.Access Management.Mobility and Demand Management.Parking and Circulation.Intelligent Transportation Systems.Waterborne Transportation.Feasibility Studies.Complete Streets.Resilience and Sustainability.Safety Assessments.Freight Analysis..Corridor Studies2. Communications and Public InvolvementCommunication and public involvement support may include, but is not limited to:Community Outreach, Engagement and Facilitation.Graphic Design and Visualization.Writing, Editing and Digital Publication.Digital and Thematic Storytelling.Website Design and Maintenance.Market and Survey Research.Public and Media Relations.Page 27 of 35 EXHIBIT BSWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ONPUBLIC ENTITY CRIMETHIS FORM MUST BE SIGNED AND SWORN TO W THE PRESENCE OF A NOTARY PUBLIC OR OTHEROFFICIAL AUTHORIZED TO ADMINISTER OATHS.1. This sworn statement is submitted to Pi:n£u_^rS> Co»Ai4TV /i^iPePrMEt.t-A*Pt-A*<WtA/<. £6uUCH^/By.S^o^r<«*J.<=--&.L-^e.e£SM's-c.-e- pe-e.s-Mie^AT' / &T se^ec.TA'ej^(print this indi^iduaFs name and title)forye.-s-^v.&si' -\»»bt^Afr^dA*AtoUEAT^5>. XlsX^(print name of entity submitting statements)whose business address isCS-S-yW-A*lt=.l-T.^ -S-TTM»TPA_J=L ?3^G"Z-and if applicable whose Federal Employer Identification Number (FEIN) is EH - DS& S'C 1 5^If the entity has no VEIN, include the Social Security Number of the individual signing this sworn Statement:A</A2._I understandtfiat a "public entity crime" as defined in paragraph 287.133(l)(a), Florida Statutes, mean a violationof any state or federal law by a person with respect to and directly related to the transactions ofbusiness with any public entity or with an agency or political subdivision of any other state or with the United Statesincluding, but not limited to any bid or contract for goods or services to be provided to any public entity or anyagency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery,collusion, racketeering, conspiracy, or material misrepresentation.3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(l)(b), Florida Statutes means afinding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or statetrial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Juryverdict, nonjury trial, or entry of a plea of guilty or nolo contendere.4.1 understand that an "afGliate" as defined in paragraph 287.133(l)(a), Florida Statutes, means:1. A predecessor or successor of a person convicted of public entity crime; or2 An entity under the control of any natural person who is active in the management of the entity and who has beenconvicted of a public entity crime. The tenn "affiliate" includes those officers, directors, executives, partners,share-holders!jn?51.0yees'n^mbers' and age,^ts who are active inthe management of an affiliate. The ownership byone person of shares constituting a controlling interest in another person, or a pooling of equipment or mcom'eamong persons when not for fair market value under an arm's length agreement, shall be a prima facie case that oneperson controls another person. A person who knowingly enters into a joint venture with a person who has beenconvicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.5.1 understand that a "person" as defined in Paragraph 287 133(1 )(e), Florida Statutes, means any natural person orentity organized under the laws of any state or of the United States with the legal power to enter into a bindingcontract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, orwhich otherwise transacts or applies to transact business with a public entity. The term "person" includes thoseofficers, executives, partners, shareholders, employees, members, and agents who are active in management of anentity.6. Based on information and belief, the statement which I have marked below is true in a relation to the entitysubmitting this sworn statement. (Please indicate which statement applies).Page 28 of 35 pa^n^^Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,shareholders, employees, members, or agents who are active in the management of the entity, or anyaffiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months.The entity submitting this sworn statement, or one or more of its officers, directors, executives,partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliateof the entity has been charged with and convicted of a public entity crime within the past 36 months.AND (Please indicate which additional statement applies).The entity submitting this sworn statement, or one or more of its officers, directors, executives,partners, shareholders, employees members, or agents who are active in the management of the entity, or agentswho are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of apublic enAycrmiemd^die past 36 montiis. However there has been a subsequent proceeding before a HearingOfficers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officerdetermined that it was not in the public interest to place the entity submitting this sworn statement on the convictedvendor list. (Attached is a copy of the final order).I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FORTHE PUBLIC ENTITY mENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITYONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 3 1 OF THE CALENDAR YEARIN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVERPERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLICENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNTPROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE INTHE INFORMATION CONTAINED m THIS.FORM..(Signature)Print Name:<^iyTT-LQfa-^L<Ll6-ftB£*VT-<-£- S9g.^.<-,-^&E.hA-T-y^<s».T- .ifftf.prAd^Title:City of T"Q m oa/2STATE OF FLORTOAme this l^dayof M^Sworn and subscribed before, 2016 by^c^ (^^^^who is Personally known to mesOr who produced identification -(Type of Identification)\s^^,^r:&M^tL(Signature) Notary Public-State of FloridaMivn^-n ^_^^^(Printed, typed or stamped commissioned name of notary public)VIVIAN D. REDDICK.4%%5*5 Commission #FF 921892*;:;I'Expires September 27,2019Bondad Thiu Tray Fain Inamisi acC-385-7019*11My commission expires ^fAev^ ^e.^ 2 7^ J3^/<? (SEAL)Page 29 of 35 EXHIBIT CHOURLY RATESPPC/MPO Loaded Rate StructureClassificationLowHighChief Professional/Project Director160275Project Manager135218Senior Professional108201Project Professional70160Professional71$133Senior Specialist183$449Specialist120$231Senior Technician72130Technician/Analyst5590Secretary/Clerical5581(1) These rates are loaded (includes overhead, fringe benefits, facility capital cost ofmoney, operating margin or out-of-pocket expenses)(2) The hourly rate structure may be re-negotiated at renewal periods of thecontract, or at the discretion of the PPC/MPO.(3) This rate structure applies to the CONSULTANT and their SUBCONSULTANTS:Placemaker Design Studio and Vrana Consulting.(4) Individual rates within this structure/range will be determined at the time ofeach TASK WORK ORDER assignment.Page 30 of 35 EXHIBIT DTRUTH-IN-NEGOTIATION CERTIFICATEIn compliance with this Agreement dated 5"///o?£>^, between theMPO and theConsultant, the Consultant herewith certifies that:1) The rates of compensation and other factual unit costs supporting the compensation areaccurate, complete, and correct at the time of contracting.2) Any and all limitations^ on current or fature years' contract fees, including an^rarrangements under which fixed limits on fees will not be subject to reconsideration ifunexpected accounting issues are encountered, are disclosed herein.3) Any and all services to be provided under the above-referenced Agreement at rates orterms that are not customary are described herein.Hourly compensation rate is as specified in Exhibit C of this Agreement.Standard compensation rate for this type engagement is as negotiated.^/ni-e.r- no<Lu f^p A^SO£XW^, ZAI^.CONSULTANT^^yBy:Date: ^./*T//-7z> ^Page 31 of 35 EXHIBIT ETITLE VI/ NONDISCRBIINATION POLICY STATEMENT>AS(>CtAT'e-<*>, tMC.^^^.^^ (^Tco^Ta^ ^e Horida D.p^. ofT^^.a.io.and the PPC/MPO that no person shall on the basis of race, color, national Origin, sex, age, disability,family or religious status, as provided by Title VI of the Civil Rights Act of 1964, the Civil RightsRestoration Act of 1987 and the Florida Civil Rights Act of 1992 (collectively referred to as the "Acts")be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination orretaliation under any program or activity.;Hlg- ^.tm^^-^bt** ^MP(N^f^t^ltaS)^of Consultant) further agrees to the following responsibilities withrespect to its programs and activities:1. Designate a Title VI Liaison that has a responsible position within the organization and access tothe Consultant's Chief Executive Officer.2. Issue a policy statement signed by the Chief Executive Officer, which expresses its commitmentto the nondiscrimination provisions of Title VI. The policy statement shall be circulatedthroughout the Consultant's organization and to the general public. Such information shall bepublished where appropriate in languages other than English.3. Insert the clauses of Appendix A of this agreement in every contract subject to the Acts andassociated regulations4. Develop a complaint process and attempt to resolve complaints of discrimination. Complaintsagainst the Consultant shall immediately be forwarded to the FDOT District Title VI Coordinator.5. Participate in training offered on Title VI and other nondiscrimination requirements.6. If reviewed by FDOT or USDOT, take affirmative action to correct any deficiencies found withina reasonable time period, not to exceed ninety (90) calendar days.7. Have a process to collect racial and ethnic data on persons impacted by your firm's programs.THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federalfunds, grants, loans, contracts, properties, discounts or other federal financial assistance under allprograms and activities and is binding. The person whose signature appears below is authorized tosign this assurance on behalf of the Consultant.^h}wLDatedr#^^By/Print Names>^*c-». c.-c.i.-He-^.^ P£Title\J-C-L^-/ AWT <£^lE&TACy/Page 32 of 35 TITLE VI APPENDDC A of EXHIBIT EDuring the performance of this contract, the Consultant, for itself, its assignees and successors m interest(hereinafter referred to as the "Consultant") agrees as follows:(1.) Compliance with Regulations: The Consultant shall comply with the Regulations relative to^^l^lE^n3^I^.^nT»^e^^l^a!sis^ed.i)^o?''m^;s^of !he u"s^ D^)artment of Transportation(hereinafter "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amendedfrom time to time, (hereinafter referred to as the Regulations), which are herem incorporated byreference and made a part of this Agreement.(2.) Nondiscrimination: The Consultant, with regard to the work performed during the contract, shallnot discriminate on the basis of race, color, national origin, sex, age, disability, religion or familystatus in the selection and retention of subConsultants, including procurements of materials andleases of equipment. The Consultant shall not participate either directly or indirectly in thediscrimination prohibited by section 21.5 of the Regulations, including employment practices whenthe contract covers a program set forth in Appendbt B of the Regulations.(3.) Solicitations for Sybconsultants, including Procurements of Materials and Equipment: In allsolicitations made by the Consultant, either by competitive bidding or negotiation for work to beperformed under a subcontract, including procurements of materials or leases of equipment; eachpotential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligationsunder this contract and the Regulations relative to nondiscrimination on the basis of race, color,national origin, sex, age, disability, religion or family status.(4.) Information and Reports: The Consultant shall provide all information and reports required bythe Regulations or directives issued pursuant fhereto, and shall permit access to its books, records,accounts, other ^sources of infonnation, and its facilities as may be detennined by the FloridaDepartment of Transportation, the Federal Highway Administration, Federal TransitAdministration, Federal Aviation Administration, and/or the Federal Motor Carrier SafetyAdministration to be pertinent to ascertain compliance with such Regulations, orders andinstructions. Where any information required of a Consultant is in the exclusive possession ofmother who fails or refuses to furnish this information the Consultant shall so certify to the FloridaDepartment of Transportation, the Federal Highway Administration, Federal TransitAdministration, Federal Aviation Administration, and/or the Federal Motor Carrier SafetyAdministration as appropriate, and shall set forth what efforts it has made to obtain the information.(5.) Sanctions for NoncompUance: In the event of the Consultant's noncompliance with thenondiscrimination provisions of this contract, the Florida Department of Transportation shallimpose such contract sanctions as it or the Federal Highway Administration, Federal TransitAdministration, Federal Aviation Administration, and/or the Federal Motor Carrier SafetyAdministration may determine to be appropriate, including, but not limited to:a. withholding of payments to the Consultant under the contract until the Consultant complies,and/orb. cancellation, termmation or suspension of the contract, in whole or in part.Page 33 of 35 (6.) Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1)through (6) in_every subcontract, including procurements of materials and leases'of equipment,unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall takesuch action with respect to any subcontract or procurement as the Florida Department ofTransportation, the Federal Highway Administration, Federal Transit Administration, FederalAviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as ameans of enforcing such provisions including sanctions for noncompliance. In the event aConsultant becomes involved in, or is threatened with, litigation with a sub-Consultant or supplier asa result of such direction, the Consultant may request the Florida Department of Transportation toenter mto such litigation to protect the interests of the Florida Department of Transportation, and, maddition, the Consultant may request the United States to enter into such litigation to protect theinterests of the United States.Page 34 of 35 EXHIBIT F49 CFR PART 20-CERTIFICATION REGARDING LOBBYINGCertification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offerexceeding $100,000)The undersigned certifies, to the best of his or her knowledge and belief, that:(1) No Federal appropriated fimds_have been paid or will be paid, by or on behalf of the undersigned, to any personfor influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an ofGcer oremployee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federalcontract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperativeagreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,loan, or cooperative agreement.(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for makinglobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, orcooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form toReport Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for NewRestrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modifiedin accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,et seq.)](3) The undersigned shall require that the language of this certification be included in the award documents for allsubawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperativeagreements) and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made orentered into. Submission ofthiscerdfication is a prerequisite for making or entering into this transaction imposed by31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the requiredcertification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each" suchfailure.[Note: Pursuant to 31 U.S.C. § 1352(c)(l)-(2)(A), any person who makes a prohibited expenditure or fails to file oramend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and notmore than $100,000 for each such expenditure or failure.]v^A.T-ec>.T^"The Consultant, ^w^ -vu>a^ ^*jip Ar$m^e),certIfi^sOTaffums the truthfuhiess and accuracy of eachstatement of its certification and disclosure, if any. In addition, the Consultant understands and agrees that theprovisions of 31 U.S.C. A 3801, etseq., apply to this certification and disclosure, if any.y.^y(signature)Print Name:t-o * <£>:i-t-A<&2_PE./Title:uTLcepe. -2»T-f»£MT / A-S^T- 5&j2.e*nMiyI£-L/~Date:'^-01^//Page 35 of 35 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4103 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Authorize a Work Order to Kimley-Horn and Associates, Inc., of Tampa, Florida, in the amount of $75,000, to prepare a Complete Streets Concept Plan for Drew Street from North Osceola Avenue to US Highway 19, and authorize the appropriate officials to execute same. (consent) SUMMARY: On October, 3, 2016, Forward Pinellas sent out a call for Complete Streets projects, asking local governments to submit applications to request funding for their Complete Streets projects. The Forward Pinellas Complete Streets Program provides annual, competitive funding for both the planning and construction of Complete Streets projects countywide. The Planning and Development Department had submitted an application for Complete Street Concept Plan for Drew Street from North Osceola Avenue to US Highway 19. The City’s primary goal for this Project is to develop a Complete Streets Concept Plan that will enhance safety, mobility, and accessibility while considering character criteria of the Drew Street corridor. On March 8, 2017, Forward Pinellas selected the Drew Street Concept Plan to receive one of the Complete Streets grants in the amount of $50,000 to be matched by the City through direct funding and in-kind services. On July 20th, 2017, City Council approved Forward Pinellas’ Complete Streets grant agreement through Resolution 17-23. The resolution authorizes the City to match the grant by $50,000 through direct funding and in-kind services. The Drew Street Complete Street Concept Plan is intended to help aid the transformation of Drew Street/SR-590, a constrained roadway, into a vibrant, sustainable, and multi-modal spine that serves the area’s transportation needs as well as supports and attracts high-quality redevelopment opportunities. The Drew Street Complete Street Concept Plan will provide the City with design concepts for the corridor that include context sensitive improvements with a focus on safety, accessibility, and comfort. The concepts should also assist the City in addressing several long-term objectives: ·Improve safety and reduce the number of accidents along the corridor ·Achieve balanced and increased accessibility and connectivity within the corridor and surroundings area for all users ·Create a competitive advantage for existing businesses and support future growth Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4103 ·Promote active living by providing access to the City’s trails and promoting active transportation ·Support community engagement and consensus building ·Support the identification, conceptualization, and development of feasible phased-improvements projects ·Identify available funding resources and strategies to prioritize corridor improvements In 2016, Forward Pinellas, acting as the Pinellas Planning Council and Pinellas County Metropolitan Planning Organization, approved six firms to provide professional planning services for five general planning “sub areas,” including multimodal transportation planning and analysis, economic analysis, communications and public involvement, urban design, and land use/redevelopment. Code of Ordinances sec. 2.564 (1)(b) allows for direct-contracting with consultants utilizing contracts previously awarded by other governmental entities. The Planning and Development Department invited Forward Pinellas’s pre-qualified consultants to send Letters of Interest and Qualification Statement for Drew Street Concept Plan. A team of City staff from the Planning & Development, Engineering, and Parks & Recreation Departments carefully reviewed each of the submittals received from three qualified firms. Each of submittals was reviewed on its qualification, project approach and responses to the project-specific questions. The City selected Kimley-Horn and Associates for the project; utilizing the Forward Pinellas/Kimley-Horn and Associates contract would result in a cost savings to the City. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase cost code 010-01420-530100 (Professional Services) by $50,000 with offsetting revenues from General Fund reserves. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $50,000 to Planning cost code 010-01420-530100 (Professional Services). Inclusive of this item if approved, a net total of $5,050,000 of General Fund reserves has been appropriated by Council to fund expenditures in the 2017/18 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve requirement is approximately $10.1 million, including the BP settlement funds. Exclusive of the BP funds, the remaining balance is $3.7 million, or 2.7% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 12/1/2017 1 Drew Street Complete Streets Concept Plan Project Description: The City of Clearwater was awarded a $50,000 grant from Forward Pinellas to develop the Drew Street Complete Street Concept Plan project. The City of Clearwater is providing an additional $25,000 of funding as well as staff support. The conceptual plan study area includes Drew Street from Osceola Avenue to US 19. The study limits involve nearly a 4.4-mile section that includes several distinct segments. This study area includes state, county, and local streets. Subsequently, coordination will occur with the Florida Department of Transportation, Pinellas County, and the City of Clearwater. The Drew Street Complete Street Concept Plan is intended to help aid the transformation of Drew Street/SR-590, a constrained roadway, into a vibrant, sustainable, and multi-modal spine that serves the area’s transportation needs as well as supports and attracts high-quality redevelopment opportunities. The Drew Street Complete Street Concept Plan will provide the City with design concepts for the corridor that include context sensitive improvements with a focus on safety, accessibility, and comfort. The concepts should also assist the City in addressing several long-term objectives: • Improve safety and reduce the number of accidents along the corridor • Achieve balanced and increased accessibility and connectivity within the corridor and surroundings area land use (a half mile on either side of the corridor) for all users • Provide transit and non-motorized access to those who cannot or choose not to drive; such as those who are socially, economically or physically disadvantaged • Create a competitive advantage for existing businesses and support future growth • Promote active living by providing access to the City’s trails and promoting active transportation • Support community engagement and consensus building, including City Council support, on preferred alternatives • Support the identification, conceptualization, and development of feasible phased- improvements projects • Identify available funding resources and strategies to prioritize corridor improvements The Drew Street Complete Street Concept Plan will also inform the development of the overall Citywide Complete Streets Implementation Plan. 2 Project Tasks: Kickoff Task 1: Project Kickoff Kimley-Horn will schedule an on-site kick-off meeting with City staff to further introduce key staff working on the project, discuss project objectives, determine information currently available, and identify milestones and schedule. A second meeting will be held with Florida Department of Transportation (FDOT) and Pinellas County staff on the same day. Kickoff activities will also include an on-site tour which will include biking, walking, and driving the corridor. The tour will include Kimley- Horn key staff, as well as key City of Clearwater, FDOT, and Pinellas County staff. Kimley-Horn will develop a brief community participation plan for the project with the goal of achieving participation in the project by diverse stakeholder groups. City staff will assist in identifying community participation objectives and affected and interested stakeholder groups. Kimley-Horn will identify stakeholder and public engagement activities. City staff will develop a project brand and host and update a project webpage (in conjunction with the Citywide Complete Streets Implementation Plan) to keep the public informed about the project. Deliverables: • One (1) kick off meeting with City Staff • One (1) kick off meeting with FDOT and Pinellas County staff • Prepare community participation plan • One (1) on-site tour (to be held the same day as the kick off meeting) Responsibilities of City Staff: • Schedule appropriate staff and participate in on-site tour • Assistance in preparing community participation plan • Develop project brand and update project webpage throughout the project Discovery & Analysis Task 2: Existing Plan Review and Base mapping Kimley-Horn will start the discovery process by reviewing the existing plans provided by City staff. Kimley-Horn will develop a data needs list to discuss the existing plans to gain a better understanding of existing plans and to ensure that we are coordinating recommendations within our concepts. The intent is to be aware of previous recommendations made A review will include and coordinate with the following documents: • Clearwater Comprehensive Plan (Transportation and Future Land Use elements), • Countywide and City land use plans, • Forward Pinellas’ SR 60 Corridor Multimodal Implementation Strategies Plan, 3 • FDOT’s SR 60 Corridor Multimodal Implementation Strategies Plan, • Imagine Clearwater Plan, • US 19 Plan (specifically land use and crossing implications), and • Clearwater Greenprint Kimley-Horn will collect and map GIS (geographic information systems) included in the Forward Pinellas’ SR 60 Corridor Multimodal Implementation Strategies Plan and FDOT’s SR 60 Corridor Multimodal Implementation Strategies Plan. A GIS database template, basemap, and existing conditions maps will be setup using existing information. An expanded GIS Inventory listing and GIS Database for the City will be developed further as part of the Citywide Complete Streets Implementation Plan. Kimley-Horn will map other corridor specific information for the Drew Street study area to understand economic development conditions, business vibrancy and opportunities (the stakeholder outreach will be used to better understand business vibrancy in the area): • Property appraiser/Parcel information including vacant developable lands, year of structure built, ownership, market value and taxable value • Code violations (to be provided by City staff) • Access points to parking along the corridor Traffic operations data (Traffic count, turning movement counts, Level of Service information, and Synchro analysis performed, including native files specifically Synchro runs) will also be collected from the Forward Pinellas’ SR 60 Corridor Multimodal Implementation Strategies Plan and FDOT’s SR 60 Corridor Multimodal Implementation Strategies Plan. This information will be utilized further in Task 4 to analyze the concepts. The task will also include one additional field visit and will include a review of parking, walking, and bicycling conflicts including potential crossing improvements and other pedestrian and bicycle enhancements. A field review of pedestrian and bicycle activity will be included to gauge activity. In addition, City staff will coordinate walking audits with community volunteers to collect information on bicycle and pedestrian activity. Kimley-Horn will review information from the walking audits. Deliverables: • Data needs list and existing plans review • Review of available GIS information • Study area base map and existing conditions maps including economic development conditions, business vibrancy and opportunities • Traffic operations data • One additional field visit • Review of walking audit information. Kimley-Horn will work with City staff to identify specific locations and places to perform the walking audits. Responsibilities of City Staff: • Provide GIS shapefiles identified in data needs list including code violations 4 • Assist in collecting information from Forward Pinellas’ SR 60 Corridor Multimodal Implementation Strategies Plan and FDOT’s SR 60 Corridor Multimodal Implementation Strategies Plan, including native files • Walking audits and data collection Task 3: Stakeholder Outreach City staff will identify community stakeholders to participate in small-group and one-on-one interviews. Kimley-Horn and Vrana Consulting will be jointly involved on this task as well as community workshops in later tasks. The purpose of the interviews is to learn about community preferences, concerns, and ideas pertaining to the project and complete streets generally. City staff will setup one-on-one meetings with the City Council and Mayor. City staff will also organize up to six (6) stakeholder interview sessions with stakeholder groups including business representatives (e.g., local businesses and Clearwater Regional Chamber of Commerce), neighborhood organizations (e.g., Skycrest Neighborhood Association) and leaders, Skycrest Elementary School Parent Teacher Student Association representatives, and social service agencies (e.g., Intercultural Advocacy Institute and Hispanic Outreach Center). Kimley-Horn will prepare questions for and facilitate the interviews. It is envisioned that these interview sessions will be scheduled over the course of one day. Kimley-Horn will document the information gathered during the interviews in a summary report. This task will also include up to two (2) meetings with a Community Advisory Group to be made up of members from the interviews mentioned above as well as other community and business individuals. A link to the MetroQuest site, to be setup by City staff, will also be provided to stakeholders as well as at community meetings to gain feedback. Deliverables: • One-on-one meetings with City Council and Mayor • Preparation and facilitation at up to six (6) stakeholder interview sessions • Two (2) meetings with Community Advisory Group • Stakeholder interviews summary report Responsibilities of City Staff: • Setup interviews and meetings • Identify stakeholders and schedule stakeholder interview sessions Development of Design Concepts and Recommendations Task 4: Preliminary Design Concepts and Evaluation Criteria Based on existing conditions and input garnered from stakeholder outreach, Kimley-Horn will assess the feasibility of optional roadway treatments or design modifications to better accommodate the needs of all users, particularly for pedestrians and cyclists. Kimley-Horn will develop a series of initial renderings to illustrate alternative approaches/schematic concepts. It is envisioned that the corridor will be split into four (4) segments with up to two (2) 5 conceptual typical cross section developed for each segment (total of eight typical cross sections). Plan views of key locations will be provided (up to four locations). Kimley-Horn will review the traffic operations information provided by FDOT in Task 2. Kimley-Horn will utilize base Synchro files developed by the FDOT for Drew Street and SR 60 using existing geometry and 2015 volumes for the PM conditions. Kimley-Horn staff will conduct a traffic analysis consisting of two (2) scenarios for the study intersections using Synchro to determine performance specifically for the intersections. The scenarios will include as follows and operations will be summarized for major intersections within the study area for Drew Street and immediately to the south for SR 60 with existing information (up to 20 intersections): • Existing and future volumes with existing geometry with intersection improvements • Existing and future volumes with lane reconfigurations and intersection improvements The concepts will be provided to City staff, FDOT, and Pinellas County. One meeting will be held to discuss with staff. One (1) round of comments will be solicited from staff. Revisions will be made and re- submitted to City of Clearwater staff for review. In addition, Kimley-Horn will present at one (1) Forward Pinellas Technical Coordinating Committee (TCC). Recommendations will be provided as part of a Final Report. City staff will help organize a community workshop (community meeting #1) providing opportunity for public review of and feedback on draft concepts and evaluation criteria. A link to the MetroQuest site to be setup by City staff will also be provided during community meetings to gain feedback. Kimley-Horn will prepare for and attend the workshop. The workshop will start with an assembly period where project information is shared and general information is collected from the audience and shared instantly via interactive polling technology (e.g., PollEverywhere.com). Kimley-Horn will collaborate with City staff to design workshop activities. Up to three (3) Kimley-Horn staff will attend. Kimley-Horn will synthesize information received and will update the concepts. This task will include conceptual level costs (using FDOT linear basis of cost estimates and readily available resources) for the three alternatives. Detailed opinion of probable costs is not included in this task and is considered additional services. Deliverables: • Up to eight (8) cross sections • Plan views of up to four (4) locations • Summary table in excel and .pdf format summarizing the Synchro results showing level of service and utilization • One Forward Pinellas TCC presentation • One (1) meeting with City staff, FDOT, and Pinellas County to discuss concepts. • Community workshop preparation and attendance • Conceptual level costs 6 Responsibilities of City Staff: • Review concepts • Schedule and prepare for community workshop (including workshop invitations and distribution) • Provide a summary of input received on MetroQuest Action Plan for Implementation Task 5: Updated Concepts, Presentations, Final Report Kimley-Horn will provide updated concepts to City staff. One (1) meeting will be held with City staff, FDOT, and Pinellas County to discuss the concepts. City staff will help organize a second community workshop (community meeting #2) providing opportunity for public review and feedback on the updated concepts and related recommendations. Interactive polling technology could be used to gain instant feedback and quantify support for the concepts. Kimley-Horn will conduct the meeting and up to three (3) Kimley-Horn staff will attend. Final concepts will be developed as part of a Final Report based on comments received. Final conceptual costs will also be updated and provided. Kimley-Horn will attend and present the concepts and recommendations to at a City Council Work Session as well as City Council Meeting. Kimley-Horn will provide a copy of the presentation to City staff. Kimley-Horn will integrate comments received into a Final Report. The report is envisioned to cover the following: • Introduction of Report • Corridor Context • Corridor Segments including Key Objectives and Stakeholders by segment • Issues and Challenges by segment • Summary of outreach • Complete Strategies and Recommendations • Evaluation of Alternatives (Typical Cross Sections) by segment • Project Implementation (Purpose/Need, Phasing, Summary of Planning Costs and Funding) Deliverables: • Concept review meeting with City staff, FDOT, and Pinellas County • Community workshop preparation and attendance • Two City Council Presentations - City Council Work Session and City Council Meeting • Final concepts and conceptual costs • Final Report Responsibilities of City Staff: • Review materials • Schedule and prepare for community workshop (including workshop invitations and distribution) 7 SCHEDULE The anticipated schedule is eight (8) months. Forward Pinellas Grant requirement stipulates the completion of the project by June 2018. The Drew Street Concept Plan will run concurrently with the Citywide Implementation Plan, which will run up to (12) months. COMPENSATION For work under Tasks 1 through 5, City of Clearwater will compensate Kimley-Horn % complete by task. The total amount is $75,000 for services provided and expenses incurred. Task Description Kimley Horn Fee Vrana Consulting Fee Total Fee Task 1: Project Kickoff $6,300 $6,300 Task 2: Existing Plan Review and Base mapping $9,000 $9,000 Task 3: Stakeholder Outreach $9,300 $4,500 $13,800 Task 4: Preliminary Design Concepts, and Evaluation Criteria $27,400 $400 $27,800 Task 5: Updated Concepts, Presentations, Final Report $17,700 $400 $18,100 Total $69,700 $5,300 $75,000 -IPlNELLASPLANNING^r^COUNCIL,-May 12, 2016Mr. Jared SchneiderKimley-Horn and Associates, Inc.655 Franklin StreetSuite 150Tampa, FL 33602Dear Mr. Schneider:RE: General Planning Consultant ContractEnclosed, please find a fully-executed copy of the contract between Kimley-Horn andAssociates, Inc. and the Pinellas Planning Council and MPO for general planningconsultant work. We look forward to working with you.If you have any questions regarding the contract, please contact Ms. Alicia Parinello inour office at (727) 464-5693 or e-mail her at aDarinello(5).Dinellascountv.ora.Sincerely,Whit Blanton.TAlCP, Executive DirectorPinellas Planning CouncilPinellas County Metropolitan Planning OrganizationWB/AP:ckEnclosure .^FlNELLASjLFlANMMGCOUNCILAGREEMENT FOR GENERAL PLANNING SERVICESThis agreement, ("AGREEMENT"), is made and entered into thisis ^day of Pr)G.q ,]^^'op^lit^d P^^i^ ^g^^i^n N'^^Sg),c^^ivfl' ^f^rreTto^f^en^o^'OT"PPC/MPO" as necessary, and Kimley-Hom and Associates, Inc., hereafter called theCONSULTANTWITNESSETH:WHEREAS, the PPC/MPO did determine that the CONSULTANT is fully qualified to renderthe services contracted and as outlined herein; andWHEREAS, the PPC/MPO does hereby retain the CONSULTANT to furnish said services inconnection with general planning services of the PPC/MPO as identified in the Exhibit "A", attachedhereto and made a part hereof; andWHEREAS, the CONSULTANT has expressed willingness and ability to provideaforementioned services.NOW, THEREFORE, the PPC/MPO and the CONSULTANT in consideration of the mutualcovenants hereinafter set forth agree as follows:SECTION 1. SERVICES.1.0The services described and provided for under Exhibit A (Scope of Services) constitutes theScope of Services to be performed by the CONSULTANT under this AGREEMENT1.1WORK EFFORT REQUIREMENTServices to be rendered by the CONSULTANT shall be commenced subsequent to proper andfull execution of the AGREEMENT and an approved task work order.Individual project assignments, herein referred as the TASK WORK ORDER, shall beauthorized and assigned by the PPC/MPO's Executive Director under the direction of an assignedproject manager. The CONSULTANT agrees to perform professional services associated withthe requested work in accordance with the terms of the Exhibit A. The Executive Director orassigned project manager shall furnish the CONSULTANT a Notice to Proceed specifying thework to be done and the type and amount of compensation for each task, or group of tasks,authorized under this AGREEMENT. The CONSULTANT shall commence ~no work untilreceipt of a Notice to Proceed.In connection with professional services to be rendered pursuant to this AGREEMENT, theCONSULTANT further agrees:Page 1 of 35 ^-^PlNZLLASPLANK I,'IG^-/L;OUNCIL1.1.1 To maintain an adequate staff of qualified personnel on the TASK WORK ORDER at all timesto ensure its completion within the term specified.1.1.2 To provide progress reports to the PPC/MPO's Executive Director or assigned project managerupon request and at intervals established by the PPC/MPO. The PPC/MPO will be entitled at'alltimes to be advised, at its request, as to the status of work being done by the CONSULTANT andof the details thereof.1'1*3 Toholda11 pertinent data and other work-related products open to the mspection of thePPC/MPO's Executive Director or assigned project manager.1.1.4 That all services must meet the specifications as required by state and federal regulations.1.2KEY PERSONNEL1.2.1 The CONSULTANT shall maintain an adequate and competent professional staff so as to enablethe CONSULTANT to timely perform under this AGREEMENT. The CONSULTANT agreesthat whenever, for any reason, one or more of the key personnel assigned to a TASK WORKORDERare, unavailable for performance under this AGREEMENT, the PPC/MPO may requirethe CONSULTANT to replace such mdividual(s) with an individual(s) of substantially equalabilities and qualifications.In accordance with the above, the CONSULTANT shall submit to the PPC/MPO a resumegiving the full name title, qualifications, and experience for all successors and/or new personsprior to assignment of such personnel to perform work under this AGREEMENT. Prior writtenconsent of the MPO/PPC is required before the CONSULTANT may utilize said new personnelto perform work associated with the AGREEMENT.1.2.2 The CONSULTANT agrees to acquire and mamtain sufficient legal, fmancial, technical, andmanagerial capacity to plan, manage and complete the TASK WORK ORDER.1.2.3 The CONSULTANTS personnel must be qualified and available in giving expert testimony anddepositions and capable of making court appearances if requested by the PPC/MPO.1.2.4 The CONSULTANT may associate with it such specialists for the purpose of its serviceshereunder (hereinafter SUBCONSULTANTS), without additional cost to the PPC/MPO otherthan those costs negotiated within the limits and terms of this AGREEMENT. Should theCONSULTANT desire to utiUze SUBCONSULTANTS, the CONSULTANT is fullyresponsible for the satisfactory completion of all subcontracted work.The CONSULTANT must require in all subcontracts that the SUBCONSULTANT is bound byall the terms of this AGREEMENT, mcluding, but not limited to, the PPC/MPO's right to securematenals o^^endces from the SUBCONSULTANT which might be a part of theSUBCONSULTANTs work production.The CONSULTANT, however, shall not assign or transfer any work under this AGREEMENTto other than the SUBCONSULTANTS listed m Exhibit C (Hourly Rates) without the writtenconsent of the PPC/MPO. K is understood and agreed that the PPC/MPO will not, except for suchservices so designated in Exhibit A or as may be approved by the PPC/MPO, if applicable,permit or authorize the CONSULTANT to perform the contract work with other than'its ownorganization and named SUBCONSULTANTS.Page 2 of 35 .^PlNELLAS^Pl\N^[MGy^-^COUMCIL1.2.5 The CONSULTANT must state in all subcontracts that services performed by any suchSUBCONSULTANT shall be subject to the Professional Consultant Work PerformanceEvaluation System as defined in Chapter 14-75, Florida Administrative Code.1.2.6 Standards of Conduct - The CONSULTANT is bound by the normal and customary professionalstandards of^care and the standards of conduct provided in applicable Florida'Statutes andapplicable rules of the Board of Professional Regulation as they relate to work performed underthis AGREEMENT. These Statutes will by reference be made a part of this AGREEMENT asthough set_ forth in_ fall. The CONSULTANT agrees to incorporate the provisions of thisparagraph in any subcontract mto which it might enter with reference to the work performedpursuant to this AGREEMENT1.3GENERAL CONDITIONS1.3.1 The CONSULTANT agrees to begin the TASK WORK ORDER work in a timely manner afterreceiving the Notice to Proceed from the PPC/MPO's Executive Director or assigned projectmanager. The CONSULTANT agrees to complete the overall TASK WORK ORDER'- afterhaving received the Notice to Proceed from the PPC/MPO's Executive Director or assignedproject manager.1-3.2 The CONSULTANT shall coordiaate work activities with the PPC/MPO and, as necessary, theFlorida Departmentof Transportation (FDOT), the Commission for the TransportationDisadvantaged (CTD) the Federal Transit Administration (FTA), the Federal Highway^dministf^ti<^ (FHWA)' pinellas County Board of County Commissioners in its capacity as theCountywide Planning Authorityandotllermvolved agencies and vendors, as specified in thescope of services defined in the TASK WORK ORDER.1.3.3 hi the jsvent that data are lost due to fault of the CONSULTANT or its SUBCONSULTANTS,t^l-?^/¥p9-_wilLnot-be billed- In addition> as recompense for said lost data, theCONSULTANT will perform additional data collection at no cost commensurate (i.e., on a one-to-one basis) with the amount of lost information.1.3.4 Chain of custody for all data must be adequately maintained and documented.1.3.5 All words used herein in the singular form shall extend to and include the plural. All words usedin the plural form shall extend to and include the singular. All words used in any gender shallextend to and include all genders.SECTION 2. SUBMTTTAL FOR PAYMENT REQUIREMENTS2.0The CONSULTANT shall submit electronic invoices on a monthly basis. All invoices mustinclude a progress report showing the actual tasks performed and their relationship to the feeclaimed. Invoices based on an approved Lump Sum Fee shall include a table showing thepercentage complete by task and the total budget amount. Invoices based on an Upset Limit Feeshall include a table with the hourly rates, time worked and direct expenses itemized and includedas backup. Each invoice must include a transmittal letter signed by the CONSULTANT'Sproject manager stating that the submittal package is complete, and all pertinent calculations anddetails have been checked for accuracy and completion. Incomplete invoice submittals andinvoices not properly prq?ared (mathematical errors, billing not reflecting actual work done, noPage 3 of 35 -^PlNELLASPLANNINGj^ C'SS'i^'c'iV,signature, etc.) shall be returned to the CONSULTANT for correction. All progress reports andinvoices shall be e-mailed to the attention of the PPC/MPO's Executive 'Director,wblanton(%umellascountv.org or his PPC/MPO staff designee.2.1.1 Invoice submittals shall include a Disadvantaged Business Enterprise (DBE) utilization schedule.DBE usage md payments must be included on the invoice as a separate line item and besupported with the DBE's original invoice. Proof of payment from the CONSULTANT to theDBE is required.2.1.2 ThePPC/MPOmay request additional information and evidence to support any and all invoicesfor fees claimed to be earned by the CONSULTANT before the PPC/MPO processes the invoicesfor payment.2.1.4 The PPC/MPO in no way obligates itself to check the CONSULTANT'S work and further is notresponsible for maintaining TASK WORK ORDER schedules.2.1.5 Pursuant to Florida Statute §337.162, all licensed and duly registered professionals under theemploy or in contract of the CONSULTANT and associated with this AGREEMENT shall beheld accountable for the quality of services provided. All final plans, documents, reports, studies,and other data prepared by the CONSULTANT or associated parties will bear the properprofessional endorsements as required by law.2.1.6 The_actual_accq)tance by the PPC/MPO of any submittal, including the final acceptance of theTASK WORK ORDER documents and reports provided for in this AGREEMENT, shallneither constitute nor imply any review or approval by the PPC/MPO of the services performedby the CONSULTANT under the provisions of this AGREEMENT but shall indicate only thePPC/MPO-s_acceptance_of the CONSULTANT'S affirmation of compliance with the provisionsand intent of this AGREEMENT.2.2TASK WORK ORDER MANAGEMENT SCHEDULE2.2.1 ATA^KW9RK ORDER management schedule for each assigned task shall be prepared by theCONSULTANT and approved by the PPC/MPO's Executive Director or assigned projectmanager. The schedule shall include a time line, proposed scope of services, a budget sheet withthe staff job classifications, number of staff hours with the associated approved rates and anyadditional expenses (such as printing costs) associated with the TASK WORK ORDER.2.2.2 The schedule shall be in accordance with each assigned task for work associated with Exhibit A.2.2.3 Any document and/or deliyerable relating to the TASK WORK ORDER including, but notlimited to, reports, maps, database collections, etc., must be provided to the PPC/MPO in theoriginal electronic format in which they were produced (i.e. MS Word, Excel, etc.) and in a .pdffile unless otherwise specified by the PPC/MPO. All documents must be in a format which isreadily accessible by devices to aid the visually disabled and must also be in a web accessibleformat. All data used within a document or report must have the data source identified with afootnote at_the_bottomofthepage or notation at the bottom of a table or graph at the point ofreference. Final TASK WORK ORDER payment due to the CONSULTANT may be withhelduntil the original electronic form of all documents and deliverables is received by the assigned*project manager.Page 4 of 35 -IPlN£LLASPlANN;\GCOUNCILIt shall be the responsibility of the CONSULTANT to ensure at all times that sufficient time^m?!l?s.-in_t-!lf.T^LS^^WORK ORDER schedule within which to complete services on theTASK WORK ORDER. In the event there have been delays which would affect the TASKWORK ORDER completion date, the CONSULTANT shall submit a written request aminimum of six weeks before the expiration of the AGREEMENT to the PPC/MPO^ whichidentifies the reason(s) for the delay, the amount of time related to each reason, specificindication as to whetheror not the delays^ were concurrent with one another, and a pWscheduleto mitigate the delay. The PPC/MPO will review the request and make a determination as togranting all or part of the requested extension or revised plan/schedule. PPC/MPO may grant toAe CONSULTANT, by "Letter of Time Extension," an extension of time for performance, equalt^.thT ^^?f?li?,l^d delays but not to extend beyond one (1) year from the date of expiration ofthis AGREEMENT.In the event time for perfomiance expires and the CONSULTANT has not requested, or if thePPC/MPO has denied, an extension of the TASK WORK ORDER schedule completion date,partial progress payments will be stopped on the date time expires. No payment shalfbe made forwork performed subsequent to the completion date unless a time extension is granted or all workhas been completed and accepted by the PPC/MPO.SECTION 3. SERVICES TO BE FURNISHED BY THE PPC/MPO3.0I?°^"^LJ??^riatioIl.~In the event that conditions arise, such as lack of available funds, which inAePPCMPO's opinion make it advisable and in the public interest to immediately terminate thisAGREEMENT, it may do so upon written notice. The PPC/MPO, during any fiscal year, shallnot expend money, incur any liability, or enter into any agreement which, by its terms, involvesthe expenditure of money in excess of the amounts budgeted as available for expenditure duringsuch fiscal year. Any agreement, verbal or written, made in violation of this subsection is null andvoid and no money may be paid on such agreement. Accordingly, the PPC and MPO'sperformance and obligation to pay under this AGREEMENT is contingent upon appropriationby the FDOT, CTD, FHWA or FTA.3.1The PPC/MPO shall provide the CONSULTANT copies of all existing previously preparedfiles/documents pertinent to the TASK WORK ORDER, which the PPCAIPO may have m itspossession, when available. However, the onus is on the CONSULTANT to research, design,implement, hire or acquire any component or any part of the project thereof deemed to "berequisite for the satisfactory completion of the said task or any "phase of the TASK WORKORDER.Under no circumstances will the PPC/MPO be held liable or negligent for the perceived inabilityof any of its emPloyeesto locate> retrieve, furnish, supply or provide any of the requested files asneeded by the CONSULTANT.3.2PPC/MPO personnel shall coordinate all releases of mfonnation to the public or any other outsideagencies. The CONSULTANT or its SUBCONSULTANTS agrees that it shall make nostatements, press releases, or publicity releases concerning this AGREEMENT or its subjectmatter or otherwise disclose or permit to be disclosed any of the data or other informationobtained or funushed^m^omphance with this AGREEMENT, or any particulars thereof, during!.h^P-eriod_of.!he.iAGRE?]v![E?T without first notifying the PPC/MPO and securing its priorwritten consent unless such disclosure is required by law, subpoena , other court or administrativeorder.Page 5 of 35 ]" "'.PIN ELLASPlANNI;>;a- --'^-/COL'MCILSECTION 4. SCHEDULE OF PAYMENTS.4.0Upon Board or Executive Director approval of submitted invoices, as applicable, the PPC/MPOshall make payments as invoiced to the CONSULTANT in accordance with the following terms.These terms are applicable to all fees incurred, including Upset Limit and Lump Sum Fees.4.1The PPC/MPO agrees to pay the CONSULTANT compensation as detailed in Section 5.0.Invoices for fees or other compensation for services and expenses shall be submitted to thePPC/MPO in detail sufficient for a proper pre-audit and post-audit.4.2The general cost principles and procedures for the negotiation and administration, and thedetermination or allowance of costs under this AGREEMENT, shall be as set forth in the Codeof Federal Regulations, Titles 23, 48, and 49; and other pertinent federal and state regulations asapplicable; In the^event there_is a conflict between state regulations and federal regulations, themore restrictive of the applicable regulations will govern.SECTION 5. COMPENSATION TO THE CONSULTANT5.0The PPC/MPO agrees to pay the CONSULTANT for the performance of authorized servicesdescribed in Exhibit A through individual TASK WORK ORDERs.5.1The PPC/MPO and the^X)NSULTANT shall negotiate an Upset Limit or Lump Sum Fee foreach TASK WORK ORDER. The fees shall be determined in accordance with the followingprovisions:The upset limit or lump sum amount established for each assignment shall be the agreed5.2personnel effort required for performance of the services at the approved hourly rates as specifiedin Exhibit C, plus the cost of negotiated expenses.5.3The^ approved hourly rates per job classification for the prime CONSULTANT and anySUBCONSULTANT to be applied to this AGREEMENT are specified in Exhibit C. Approvedhourly rates in Exhibit C may be re-negotiated during renewal of the contract.SECTION 6. COMPENSATION ELEMENTS6.0The negotiated fee for each TASK WORK ORDER will compensate the CONSULTANT forall allowable costs related to the authorized services; salaries, overhead, fringe benefits, expenses,operating margin and FCCM, which is included in the loaded rate specified in Exhibit C.6.1METHOD OF PAYMENTUpon Board approval, the CONSULTANT shall be compensated for services approved by thePPC/MPO in connection with the performance of authorized services for each TASK WORKORDER as follows. Invoicing standards as described in Sections 2.0 and 4,0 are applicable to theUpset Limit Fee and Lump Sum Fee:Page 6 of 35 iU-Ip1J!N£LLAST' PlANNINGJ^-/ COUNCIA*A.Upset Limit FeePayments shall be made for the approved hourly rates with the direct expenses itemizedfor reimbursement, not to exceed the upset limit amount approved by the PPC/MPOExecutive Director or assigned project manager.B.Lump Sum FeePayments for lump sum fee task authorizations shall be made in an amount equal to thepercentage by task of lump sum work that has been satisfactorily performed as approvedby the PPC/MPO Executive Director or assigned project manager.SECTION 7. SATISFACTORY PERFORMANCEAll services to be provided bythecoNSULTANJUnder the provisions of this AGREEMENT,7.0includmg services to be provided by SUBCONSULTANTS, shall be performed to the reasonablesatisfaction of the PPC/MPO's Executive Director.7.1The CONSULTANT shall pay the PPC/MPO all losses damages, expenses, costs, and attorneysfees including appellate proceedings that the PPC/MPO sustains by reason of any default, anyr?.e^li^e-nl-?ct.'-_error or omission> including patent inffingements on the part of saidCONSULTANT in connection with the performance of this AGREEMENT. By signing thisAGREEMENT the CONSULTANT waives any right to reciprocal attorney's fees due tobudgetary limitations imposed on local government entities under Chapter 129, Florida Statutes.SECTION 8. CONSULTANT'S ACCOUNTING RECORDS8.0The CONSULTANT agrees to establish and maintain for the TASK WORK ORDER a set ofaccounts within the framewoA of an established accounting system and procedures that can beidentified with the TASK WORK OWER, in accordance with applicable Federal Regulationsi^L?tl^r_ requirements that the FDOT, CTD, FHWA and" FTA may impose. TheCONSULTANT agrees that all checks, payrolls, invoices, contracts, vouchers, expenses, orders,or other accounting documents related in whole or in part to the TASK WORK ORDER shall beclearly Kientified, readily accessible, and available to the PPC/MPO upon its request and, to theextent feasible, kept separate from documents not related to the TASK WORK ORDER.8.1All costs charged tojhe TASK WORK ORDER, including any approved services contributed bythe CONSULTANT or others, shall be supported by properly executed payrolls, time records,invoices, contracts, or vouchers describing in detail the nature and propriety of the charges.8.2The CONSULTANT agrees to refrain from_ drawing.checks, drafts, or orders for goods orservices to be charged against the TASK WORK ORDER until the CONSULTANT hasreceived and filed in its records a properly signed voucher describing in proper detail the purposefor the expenditure.8.3The CONSULTANT shall require all SUBCONSULTANTS, msurance agents, and materialsuppliers (payees) to comply with the provisions of this AGREEMENT by insertion ofrequirements of this AGREEMENT in written agreements between the CONSULTANT andPage 7 of 35 ~"1PlNELLAS*PUNNING^.~^COUNCILsuch payees. Failure to include such provisions shall be reason to exclude some or all of therelated payee's costs from the amount payable to the CONSULTANT pursuant to thisAGREEMENT.SECTION 9. REPORTmG. RECORD RETENTION. AND ACCESS9.0The CONSULTANT'S records shall be open to inspection and subject to examination, audit,and/or reproduction during normal working hours by the PPC/MPO's agent or authorizedrepresentative to the extent necessary to adequately permit evaluation and verification of anyinvoices, payments, orclamis_submitted by the CONSULTANT or any of his payees pursuantto the execution of the AGREEMENT. These records shall include, but liot'be limited to,accounting records, written policies and procedures, SUBCONSULTANT files (includingproposals of successful and unsuccessful bidders), original estimates, estimating worksheets^correspondence, change order files (includmg documentation covering negotiated settlements),an^L^y- _^til^r SUPPOrting evidence necessary to substantiate charges related to thisAGREEMENT They shall also include, but not be limited to, those records necessary toevaluate and verify direct andindirect costs (including overhead allocations) as they may apply tocosts associated with this AGREEMENT.9.1For the purpose of such audits, inspections, examinations and evaluations, the PPC/MPO's agentor authorized representative shall have access to said records from the effective date of theAGREEMENT for the duration of work, and until five (5) years after the date of final paymentby the PPC/MPO to the CONSULTANT pursuant to this AGREEMENT.9.2The PPC/MPO's agent or authorized representative shall have access to the CONSULTANT'Sfacilities and all necessary records m order to conduct audits in compliance with this Section. ThePPC/MPO's agent or authorized representative shall give the CONSULTANT reasonableadvance notice of intended inspections, examinations, and/or audits.9.3The CONSULTANT agrees that all reports and other documents or information mtended forpublic availability developed under this TASK WORK ORDER and required to be submitted tothe PPC/MPO must be prepared and submitted in the original electronic format and m accordancewith requirements that the PPC/MPO may specify, understanding that the PPC/MPO reserves theright to request records in other formats.9.4The CONSULTANT agrees to maintain intact and readily accessible all data, documents,reports, accounting records, contracts, and supporting materials relating to the TASK WORKORDER that the federalIgoyemment, the state goverament or the PPC/MPO may require duringti?l-c-c^e_of-t^e TA_s]fc WORK ORDER and for five years thereafter. Upon request, theCONSULTANT and SUBCONSULTANTS agree to permit the Secretary of Transportation; theComptroller General of the United States; and, if appropriate, the State of Florida or theirauthorized representatives to inspect all TASK WORK ORDER work, materials, payrolls, andother data, and to audit the books, records, and accounts of the CONSULTANT and itsSUBCONSULTANTS pertammg to the TASK WORK ORDER as required by 49U.S.C.§ 5325(g).9.5The CONSULTANT agrees to prepare and make available a comprehensive report or reports onthe results of the TASK WORK ORDER, the conclusions reached, and the methods used, asrequested.Page 8 of 35 r~^\'-°1PiM^L3.AS>PLANNINGCOUNCILnSECTION 10. TASK WORK ORDER COMPLETIQ^AND AUDIT10.0 Within sixty(60) calendar days of the TASK WORK ORDER'S completion date or tennination,the CONSULTANT agrees to submit a final Financial Status Report, a certification of TASKWORK ORDER expenses, and third party audit reports, as applicable.SECTION 11. OWNERSHIP OF TASK WORK ORDER DOCUMENTS11.1 All records, electronic files, documents, tracings, plans, specifications, maps, evaluations, reports^-?^r_t^!?ica^-(^ata'. otller than working papers, prepared or developed by theCONSULTANT under this AGREEMENT are the property of, the PPC/MPO withoutrestriction or limitation on their use and shall be made available upon request to the PPC/MPO atany time. All such documents shall be delivered to the PPC/MPO upon completion or terminationof this AGREEMENT. The CONSULTANT at its own expense may retain copies for its filesand internal use.11-2 '?.^_<^?^^iT^T.S^a^n-ot F^l^,^^^ri8^t,aliy materia^s and products or patent anyinvention developed under this AGREEMENT in whole or in part, or in any manner or form.The PPQMPOwiU have the right to visit the site for inspection of the work and the drawmgs ofthe CONSULTANT at any time. Unless changed by written agreement of the parties, said siteshall be Kimley-Hom and Associates, Inc. 655 Franklin Street, Suite 150, Tampa,"FL 33602.11.3 Any and all reports, documents provided or created in connection with this AGREEMENT areand shall remain the property of the Pinellas County PPC/MPO. In the event of termination ofthis AGREEMENT, any reports, photographs, surveys, and other data and documents preparedby CONSULTANT, whether finished or unfinished, shall become the property of the PPCA/tPOand shaH_b_e_deliveredto the PPC/MPO's Executive Director within seven (7) days of terminationof the AGREEMENT by either party.SECTION 12. mSURANCE COVERAGE AND INDEMNIFICATION12.0 The CONSULTANT shall obtain and maintain at all times during its performance of theAgreement, insurance of the types and in the amounts set forth. All insurance policies shall befrom responsible companies duly authorized to do business in the State of Florida and have anAMBes^ratingofA-Vm or better. Within ten (10) calendar days of executed Agreement, theCONSULTANT shall provide the PPC/MPO with properly executed and approved Certificatesof Insurance to evidence compliance with the insurance requirements of die agreement. TheCertificate(s) of Insurance shall be signed by authorized representatives of the insurancecompanies shown on the Certificate(s). A copy of the endorsement(s) referenced in 12.6 forAdditional Insured shall be attached to the certificate(s).12.1 No Services shall commence under this agreement unless and until the required Certificate(s) ofInsurance are received and approved by the PPC/MPO. Approval by the PPC/MPO of anyCertificate of Insurance does not constitute verification by the PPC/MPO that the insurancerequirements have been satisfied or that the insurance policy shown on the Certificate ofInsurance is in compliance with the requirements of the Agreement. The PPC/MPO reserves thenght to require a certified copy of the entire insurance policy, including endorsements, at anytime during the Agreement period.Page 9 of 35 ^-tP I IS- ELLAS^PL-usKlNG.^COUNCIL12'2 ^Il-policies Provldin8 liability coverage(s)'otherthan Professional Liability and Worker'sCompensation policies, obtained by the CONSULTANT to meet the requirements of theAgreement shall be endorsed to include PPC/MPO as an Additional Insured.12.3 If any insurance provided _pursuant_ to the Agreement expires prior to the expiration of theAgreement, renewal certificates of Insurance and endorsements shall be furnished by theCONSULTANT to the PPC/MPO at least thirty (30) days prior to the expiration date.12.4 CONSULTANT shall also notify PPC/MPO within twenty-four (24) hours after receipt, of any?^t^^ ^;^^i^nA'i^^e^-at^n'^ nollrene^a^.or a^verse material change in coverage receivedby said CONSULTANT from its insurer. Notice shall be given by certified mail to:PPC/MPO,310 Court Street, Clearwater, Florida 33756; and nothing contained herein shall absolveCONSULTANT of this requirement to provide notice.12.5 Should die CONSULTANT, at any time, not maintain the insurance coverages required herem,the PPC/MPO may_temunate the Agreement, or at its sole discretion may purchase suchcoverages necessary for the protection of the PPC/MPO and charge the CONSULTANT for suchpurchase. The PPC/MPO shall be under no obligation to purchase such insurance, nor shall it beresponsible for the coverages purchased or the insurance company or companies used. Thedecision of the PPC/MPO to purchase such insurance shall in no way be construed to be a waiverof any of its rights under the Agreement.1216 I.lLe-Z^/^IP5?_reserves the right' but not the duty'to review and request a copy of theCONSULTANT'S most recent annual report or audited financial statement when a self-insuredretention (SIR) or deductible exceeds $50,000.12.7 Each insurance policy shall include the following terms and/or conditions in the policy:(1) The Named Insured on the Certificate of Insurance must match the entity's name that issigning the Agreement.^ ^???^ifs..issumg the insurance policy, or policies, shall have no recourse againstPPC/MPO for payment of premiums or assessments for any deductibles which all are atthe sole responsibility and risk of the CONSULTANT.(3) The Pollcyclause "Other Insurance" shall not apply to any insurance coverage currentlyheld by PPC/MPO or any such future coverage, or to PPC/MPO's Self-Insured Retentionsof whatever nature.(4) All policies shall be written on a primary, non-contributory basis.(5) Any certificate of insurance evidencing coverage provided by a leasing company foreither Workers Compensation or Commercial General Liability shall have a list ofcovered employees certified by the leasing company attached to the Certificate ofInsurance. The PPC/MPO shall have the right, but not the obligation to determine thatthe_CONSULTANT is only using employees named on such list to perform work for thePPC/MPO. Should employees not named be utilized by Contractor, the PPC/MPO, at itsoption may stop work without penalty to the PPC/MPO until proof of coverage or^?^a-L°I the_emPloyee by the CONSULTANT occurs, or alternatively find theCONSULTANT to be in default and take such other protective measures as necessary.Page 10 of 35 I 1'^PlNELLASPLANMINGk- ^COUNCIL(6) Insurance policies,other than Professional Liability, shall include waivers ofsubrogationin favor ofPPC/MPO from the CONSULTANT.12.8 The insurance requirements for this Agreement, which shall remain in effect throughout itsduration, are as follows:(A) Workers' Compensation InsuranceLimitFlorida StatutoryEmployers Liability LimitsPer Employee$ 500,000Per Employee Disease$ 500,000Policy Limit Disease$ 500,000(B) Commercial General Liability Insurance including, but not limited to, IndependentContractor, Contractual Liability Premises/Operations, Products/CompletedOperation and Personal Injury.LimitsGeneral Aggregate$ 2,000,000Products/Completed Operations Aggregate$ 1,000,000Personal Injury and Advertising Injury$ 1,000,000Each Occurrence$ 1,000,000(C) Business Automobikor Trucker's/Garase LiabiHtsJnsurance covering owned, hiredand non-owned vehicles. Coverage shall be on an "occurrence" basis, such insuranceto include coverage for loading and unloading hazards, unless CONSULTANT canshow that this coverage exists under the Commercial General Liability policyLimitPer Accident$ 1,000,000(D) Professional Liability Insurance (Errors and Omissions) with at least minimum limitsas follows. If "claims made" coverage is provided, "tail coverage" extending three(3) years_ beyond completion and acceptance of the project with proof of "tailcoverage" to be submitted with the invoice for fmal payment. In lieu of "tail^^^^^^^i'^rI^'?^?i^^^?'^^t?R^^^ ^^^^i^^^l^^n^/^^l ^^^^^>^1.^^»^;^?^.T-^^year period, a current certificate of insurance providing "claims made" insurancewith prior acts coverage in force with a retroactive date no later than commencementdate of this contract.LimitsPage 11 of 35 -1PiNELLAS^PlA.\Nli\'G*^^COUNCILGeneral Aggregate$1,000,000Each Occurrence or Claim$1,000,000For acceptance of Professional Liability coverage mcluded within another policy required herein,a statement notifying the certificate holder must be included on the certificate'of insurance andthe total amount of said coverage per occurrence must be greater than or equal to the amount ofProfessional Liability and other coverage combined.(E) Property Insurance CONSULTANT will be responsible for all damage to its ownproperty, equipment and/or materials.12.9 The CONSULTANT does hereby agree to indemnify, defend, save and hold harmless thePPC/MPO mid all the members of its Board, its officers, and employees from and against alllosses and all claims, demands, payments, suits, actions, recoveries, expenses, attorney's fees, andjudgments of every nature and description including claims for property damage and claims forinjury or death of persons, or on account of, any claim or amounts recovered under the "WorkersCompensation Law" or of any other laws, bylaws, ordinance, order or decree brought orrecovered against it by reason of any act of negligence or omission of the CONSULTANT, itsagents, or employees except onlysuch injury or damage as shall have been occasioned by thesole negligence of the PPC/MPO. Nothing herein shall purport to waive the PPC/MPO'ssovereign immunity as provided in §768.28, Florida Statutes.SECTION 13. FEDERAL CLAUSE REQUIREMENTST^Ll0,1,1,0^,1?^. federally required clauses, incorporated herein by this reference, apply to thisAGREEMENT:1. Fly America Requirements2. Civil Rights Requirements3. Disadvantaged Business Enterprise (DBE)4. Energy Conservation Requirements5. Clean Water Requirements6. Clean Air7. Recycled Products8. Lobbying9. No Government Obligation to Third Parties10. Program Fraud and False or Fraudulent Statements and Related Acts11. Govemment-Wide Debarment and Suspension12. Incorporation of Federal Transit Administration (FTA) Terms13. Access to Records14. Federal Changes15. Termination16. Breaches and Dispute Resolution17. Patent and Rights in Data^"1 ^^ft^^l^*"*^^t?i^^^^^l^^^^>\;^^ ^^^^^^^l^^^^^^ia ^*^?^<^^S,^^^^1.^1^1^?-^^ ^^^1^ <ltl^^America" Act) in accordance with the General Services Administration's regulations at'41 CFRPage 12 of 35 ^PlNELLASPlANNiNG'n<^ ^ cl^!^:»?lit^Part 301-10, which provide that recipients and subrecipients of Federal funds and theircontractors are required to use U.S. Flag air carriers for U.S Goverament-financed internationalair travel and transportation of their personal effects or property, to the extent such service isavailable, unless travel by foreign air earner is a matter of necessity, as defined by the FlyAmerica Act. The Contractor shall submit if a foreign air carrier was used, an appropriatecertification or memorandum adequately explaining why service by a U.S. flag au carrier was notavailable or why it was necessary to use a foreign air carrier and shall, m any event, provide acertificate of compliance with the Fly America requirements. The Contractor agrees to include therequirements of this section in all subcontracts that may involve international air transportation.2^ Civil Riehts Requirementsa^Nondiscrimmation - Ina.ccwdasice withjitle VI of the Civil Rights Act of 1964, as amended,42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102 section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federaltransit law at 49 U.S.C. § 5332:-The CONSULTANT shall not discriminate on the basis of race, age, creed, disability, maritalstatus, color, national origin, or sex in the performance of this contract. The CONSULTANTshallcarry out applicable requirements of 49 CFR Part 26 in the award and administration ofDOT assisted contracts^ Failure by the CONSULTANT to carry out these requirements is am^e^L^e^h °f this AGREEMENT, which may result in the termination of thisAGREEMENT or such other remedy, as the PPC/MPO deems appropriate. "Each subcontract the CONSULTANT signs in regards to this TASK WORK ORDER mustinclude the assurance in this paragraph (see 49 CFR 26.13(b)). The CONSULTANT agrees tocomply with applicable federal and state implementing regulations and other implementingrequirements the Federal Transit Administration (FTA), FDOT or CTD may issue. In addition tothe above assurance, the Operator shall not discriminate on the basis of sexual orientation, in^?i^^frTl^J!^l^^^^o.dl5!^!lr:Z?^s^iT\d^T?^omlecti0^wi? !his ^:greem ^!'the undersigned will complete and submit Exhibit E "Title VI/Nondiscrimination Policy Statement",in accordance with its instructions.b. Equal Emplovment ODDortumty - The following equal employment opportunityrequirements apply to this AGREEMENT:(1). Race. Color. Creed. National Oriein. Sex - In accordance with Title VII of theCivil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49U.SC § 5332, the CONSULTANT agrees to comply with all applicable equalemployment opportunity requirements of U.S. Department of Labor (U.S. DOL)regulations, "Office of Federal _ Contract Compliance Programs, Equal EmploymentOpportunity, Department of Labor/' 41 C.F.R. Parts 60 et seq.. (which implementExecutive Order No. 11 246, "Equal Employment Opportunity," asamended by ExecutiveOrder No. 11375, "Amending Executive Order 11246 Relating to Equal EmploymentOpportunity," 42 U.S.C § 2000e note), and with any appficable'Federal'statutes,executive orders, regulations, and Federal policies that may in the future affectconstruction activities undertaken in the course of the TASK WORK ORDER. TheCONSULTANT agrees to take affirmative action to ensure that applicants are employed,and that employees_are treated during employment, without regard to their race, color;creed, national origin, sex, or age. Such action shall include, but not be limited to, thefollowing: Employment, upgrading, demotion or transfer, recmitment or recruitmentPage 13 of 35 "^PlNCLLASPLWNIN'GvrCOUNCILadvertising, layoff or tennination; rates of pay or other forms of compensation; andselection for training, includmg apprenticeship. In addition, the CONSULTANT agreesto comply with any implementing requirements FTA may issue.<2).Aee - In accordance with Section 4 of the Age Discrimination in Employment Act ofl^Z' a.s al^.e;??.ed_'^^us-^-§ 621 through 634 and Federal transit law at'49 U.S.C. §5332, the CONSULTANT agrees to refrain from discrimination against present andprospectiye employees for reason of age. In addition, the CONSULTANT agrees tocomply with any implementing requirements FTA may issue.(3). Disabilities - In accordance with section 102 of the Americans with Disabilities Act,as amended, 42US.C. § 12112, the CONSULTANT agrees that it will comply with therequirements of U.S^ Equal Employment Opportunity Commission, "Regulations toImplement the Equal Employment Provisions of the Americans with Disabilities Act," 29C.FR Part 1630, pertaining to employment of persons with disabilities. In addition, theCONSULTANT agrees to comply with any implementing requirements FTA may issue.(4)._Access to Services for Persons with Limited English Pj^ficiencsL- To the extentapplicable and except to the extent that FTA determines otherwise in writing, theCONSULTANT agrees to comply with the policies of Executive Order No. 13166,"Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C:§ 2000d-l note, and with the provisions of U.S. DOT Notice, "DOT Guidance toRecipients on Special Language Services to Limited English Proficient (LEP)Beneficiaries," 66 Fed. Reg. 6733 etseq., January 22, 2001. The MPO's LEP plan isavailableatthePPC/MPOofficebeviewedon-lineat:ormayhttp://www.oinellascountv.org/muo/PDFs/DBETitlerV/lep.pdf.^S). Environmental Justice - The CONSULTANT agrees to comply with the policiesof Executive Order No. 12898, "Federal Actions to Address Environmental Justice inMinority Population^ and Low-Income Populations," 42U.S.C. §4321 note, except tothe extent that the Federal Government determines otherwise in writing.(6). Other Nondiscrimination Laws - The CONSULTANT agrees to comply with allapplicable provisions of other federal laws, regulations, and directives pertaining to andprohibiting discrimination, except to the extent the Federal Government determinesotherwise in writing. The CONSULTANT also agrees to include these requirements ineach subcontract financed in whole or in part with federal assistance provided by FTA,modified only if necessary to identify the affected parties.3; Disadvantaeed Business Entenmse - This AGREEMENT is subject to the requirements ofTitle 49, Code of Federal ^Regulations, Part 26, Participation by Disadvantaged BusinessEnterprises in Department of Transportation Financial Assistance Programs. The MPO's overallgoal for FY 2014-2016 DBE participation is 4.4% and is applicable to'this AGREEMENT. Thisrequirement reflects the availability of willing and able DBEs who are registered with fhe State ofFlorida that would be expected to participate in MPO and its CONSULTANTS contracts absentthe effects of discrimination.The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award andadministration of this DOT-assisted AGREEMENT Failure^by^he CONSULTANT to carry outthese requirements is a^nlateri^ breach of this AGREEMENT, which may result in thetermination of this AGREEMENT or such other remedy as the PPC/MPO deems appropriate.Page 14 of 35 ~1PIN ELLASPLANNINGCOUNCILThe CONSULTANT is required to pay its subcontractors/SUBCONSULTANTs performingwork related to this AGREEMENT for satisfactory performance of that work no later than 30days after the CONSULTANT'S receipt of payment for that work from the PPC/MPO. Inaddition, the CONSULTANT may not hold retainage from its CONSULTANT.The CONSULTANT_must promptly notify the PPC/MPO, whenever a DBE performing workrelated to this AGREEMENT is terminated or fails to complete its work, and must make goodfaith efforts to engage another DBE to perform at least the same amount of work. TheCONSULTANT may not terminate any DBE subcontractor and perform that work through itsown forces or those of an affiliate without prior written consent of the PPC/MPO.Information on the MPO's DBE Program requirements is available at the PPC/MPO offices andon-line at: http://www.pinellascounty.org/mpo.More information on the State of Florida DBE Program, including an application and availableDBE bidders list may be found at:http://www.dot.state.fl.us/equalopportunityoffice/New_Folder/Files/UCP%20MODIFIED%20APPLICATION.pdf.4. Enerev Conservation - The CONSULTANT agrees to the extent applicable, to comply withmandatory standards and policies relating to energy efficiency which are contained in the state energyconservation plan issued in compliance with the Energy Policy and Conservation Act.5. Clean Water - The CONSULTANT agrees to comply with all applicable standards, orders orregulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 etseq. The CONSULTANT agrees to report each violation to the PPC/MPO and understands and agreesthat the PPC/MPO will, in turn, report each violation as required to assure notification to FTA and theappropriate EPA Regional Office.The CONSULTANT also agrees to include these requirements in each subcontract exceeding $100,000financed in whole or in part with Federal assistance provided by FTA.6. Clean Air - The CONSULTANT agrees to comply with all applicable standards, orders or regulationsissued pursuant to the Clean Air Act as miended, 42 U.S.C. §§ 7401 et seq. The CONSULTANT agreesto report each violation to the PPC/MPO and understands and agrees that the PPC/MPO will, in'tum,report each w)lation as required to assure notification to FTA and the appropriate EPA Regional Office.The CONSULTANT also agrees to include these requirements in each subcontract exceeding $100,000financed in whole or m part with Federal assistance provided by FTA.7. Recycled Products - Recovered Materials - The contractor agrees to comply with all the requirementsof Section 6002 of the Resource Conservation and Recovery Act(RCRA), as amended (42 U.S.C. 6962),includmg but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, asthey apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.8. Lobbvins -Clause and specific language therein are mandated by 49 CFR Part 19.Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - CONSULTANTS who apply or bid foran award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictionson Lobbying." The CONSULTANT agrees that no Federal appropriated funds have been paid or will bepaid by or on the behalf of the CONSULTANT, to any person for influencing of attempting to influence anyPage 15 of 35 ^-«|,~~'PfNELlASPlANNIKG.^^COUNCILofficer or any employee^ any Federal agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, themakmg of any Federal grant, the making of any Federal loan, the entering into'of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or»cooperative agreement.If any funds other than Federal appropriated funds have been paid by the CONSULTANT to any person forinflumcmg or attempting to influence an officer or employee of any Federal agency, a Member of Congress,an of6cer or employee of Congress, or an employee of a Member of Congress in connection with thisAgreement, the undersigned will complete and submit Exhibit F Standard Form LLL, "Disclosure Form toReport Lobbying", in accordance with its instructions.The Agency shall require that the language of this section be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperativeagreements) and that all SUBCONSULTANTS shall certify and disclose accordingly, pursuant to Exhibit F(Certification Regarding Lobbying).9. No Oblieation by the Federal Government to Third Parties - The PPC/MPO and CONSULTANTacknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approvalof the solicitation or award of the underlying AGREEMENT, absent the express written consent by theFederal Government, the Federal Government is not a party to this AGREEMENT and shall not besubject to any obligations or liabilities to the PPC/MPO, CONSULTANT, or any other party (whether orx?°lJLJ5,a^l° that AGREEMENT) pertaining to any matter resulting from" the underlyingAGREEMENT.The CONSULTANT agrees to include the above clause in each subcontract financed in whole or in part^i^-fe^iralass-i?anclpI?.vide,dby.^TA' n,is further a§reedthat the clause shall not be modified, excqrtto identify the subcontractor who will be subject to its provisions.10. Proeram Fraud and False or Fraudulent Statements and Related Acts - The CONSULTANTacknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31U.S.C. § 3801 et sea. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31,apj^J^-i}.i-a^tions P^rtain_i^g_to.this TASK WORK ORDER. Upon execution of the underlyingAGREEMENT, the CONSULTANT certifies or affirms the truthfulness and accuracy of any statementit has made, _it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTAassisted project for which this TASK WORK ORDER work is being perfonned.In addition to otherpenalties that may be applicable, the CONSULTANT further acknowledges that if it makes, or causes tobe made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the FederalGovernment reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986on the CONSULTANT to the extent the Federal Government deems appropriate.The CONSULTANT also acknowledges that if it makes, or causes to be made, a false, fictitious, orfraudulent claim, statement, submission, or certification to the Federal Government under a contractconnected with a project that_is financed in whole or m part with federal assistance originally awarded byFTAimder theauthority of 49 U.SC. § 5307, the government reserves the right to impose the penalties of18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(l) on the CONSULTANT, to the" extent the FederalGovernment deems appropriate.The CONSULTANT agrees to include the above two clauses in each subcontract financed in whole or inpart with federal assistance provided by FTA. It is farther agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions.Page 16 of 35 ~t^PIN ELLAS-GPlANi-.'IilGCOUNCIL11. Government-Wide Debarment and Suspension - This AGREEMENT is a covered transaction forpurposes_of 49_CFR Part 29. As such, the CONSULTANT is required to verify that none of theCONSULTANT its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905,are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.The CONSULTANT^ required to comply with 49 CFR 29, Subpart C and must mclude the requirementto comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.By signing and submitting this AGREEMENT, the CONSULTANT certifies as follows:The certification m this clause is a material representation of fact relied upon by the PPC/MPO. If it islater determined that the CONSULTANT knowingly rendered an erroneous certification, in addition toremedies available to the PPC/MPO, the Federal Government may pursue available remedies, includingbut not limited to suspension and/or debarment. The CONSULTANT agrees to comply with therequirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contractthat may arise from this offer. The CONSULTANT further agrees to^include a provision requiring suchcompliance in its lower tier covered transactions and will review the "Excluded Parties Listing System" atthe following Internet address: htto://eDls.amet.eov before entering into any third party or subagreement.12. Incorporation of Federal Transit Administration TA) Terms - The preceding provisionsmclude m part., certain Stand^-d Teims and Conditions required by DOT, whether or not expressly setforth m the preceding AGREEMENT provisions. All contractual provisions required by DOT, as setforth m FTA Circular 4220. IF are hereby incorporated by reference. Anything to the contrary hereinnotwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with otherprovisions contained in this AGREEMENT. The CONSULTANT shall not perform any act, fail toperform any act, or refuse to comply with any MPO requests which would cause the MPO to be inviolation of the FTA terms and conditions.13. Access to Records - Upon request, the CONSULTANT agrees to permit the Secretary ofTransportation; the PPC/MPO; the Comptroller General of the United States; and, if appropriate or theirauthorized representative^ to inspect all TASK WORK ORDER work, materials, payrolls, and otherdata, and to audit the books, records, and accounts of the CONSULTANT and Third Party contractorspertaining to the TASK WORK ORDER as required by 49 U.S.C. § 5325(g).14. Federal Changes - The CONSULTANT shall at all times comply with all applicable FTAregulations, policies, procedures and directives, including without limitation those listed directly or byreference in the FTA Master Ap-eement as they may be amended or promulgated from time to timeduring the term of this AGREEMENT. The CONSULTANT'S failure to so comply shall constitute amaterial breach of this AGREEMENT.15. Termination - All services are to be performed by the CONSULTANT to the satisfaction of thePPC/MPO's Executive Director based on the requirements of Exhibit A. The PPC/MPO's ExecutiveDirector shall decide all questions and disputes, of any nature whatsoever, that may arise in the executionand fulfillment of the services provided for under this AGREEMENT.a. Convenience fGeneral Provision) The PPC/MPO may terminate this AGREEMENT, inwhole or in part, at any time upon thirty day's (30) written notice to the CONSULTANT. TheCONSULTANT shall be paid its costs, including AGREEMENT close-out costs, and profit onwork performed up to the time of termination. The CONSULTANT shall promptly submit itsPage 17 of 35 ~~=-^-<PfNtLLASI'lANNINGCOUNCILi?^ic-e_io_thezpc/MPO for costs incurred up to the effective date of termination, providedCONSULTANT has not been previously reimbursed for such costs.b. Termination for Default [Breach or Causel (General Provision) If the CONSULTANTfails to perform in the manner called for in the AGREEMENT, if the CONSULTANT isindicted or has direct information issued against him for any crime arising out of or inconjunction with any work being performed for or on behalf of the PPC/MPO, if theCONSULTANT is placed in either voluntary or involuntary bankmptcy, or if theCONSULTANT fails to comply with any other provisions of the AGREEMENT, the PPC/MPOmay terminate this AGREEMENT for default. Termination shall be effected by serving a noticeof termination on the CONSULTANT setting forth the manner in which the CONSULTANT isin default The CONSULTANT will only be paid the AGREEMENT price for servicesperformed in accordance with the manner of performance set forth in the AGREEMENT.If it is later determined by the PPC/MPO that acts beyond the CONSULTANT'S control led tothe breach or default, including but not limited to a strike, fire, or flood, the PPC/MPO, aftersetting up a new delivery of performance schedule, may allow the CONSULTANT to continuework, or treat the termination as a tennination for convenience.c. OpDortunitv to Cure (General Provision^ The PPC/MPO in its sole discretion may, in thecase of a termination for breach or default, allow the CONSULTANT within thirty (30) days ofsaid notice of termination in which to cure the defect. In such case, the notice of termination willstate the time period in which cure is permitted and other appropriate conditions.If the CONSULTANT fails to remedy to PPC/MPO satisfaction the breach or default of any ofthe tenns covenants, or conditions of this AGREEMENT within thirty (30) days after receipt bythe CONSULTANT of written notice from the PPC/MPO setting forth the nature of said breachor default, the PPC/MPO shall have the right to terminate the AGREEMENT without any furtherobligation to the CONSULTANT. Any such termination for default shall not in any way operateto preclude the PPC/MPO from also pursuing all available remedies against the CONSULTANTand its sureties for said breach or default.d. Waiver of Remedies for any Breach In the event that the PPC/MPO elects to waive itsremedies for any breach by CONSULTANT of any covenant, term or condition of thisAGREEMENT such waiver by the PPC/MPO shall not limit the PPC/MPO's remedies for anysucceeding breach of that or of any other term, covenant, or condition of this AGREEMENT.16. Breaches and Dispute Resolution - All services are to be performed by the CONSULTANT to thesatisfaction of the PPC/MPO's Executive Director based on the requirements of Exhibit A. ThePPC/MPO's Executive Director shall decide all initial questions and disputes, of any nature whatsoever,that may arise in the execution and fulfillment of the services provided for under this AGREEMENT.This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy,the CONSULTANT mails or otherwise furnishes a written appeal to the PPC/MPO Executive Director.a. Appeals - After properly submitting an appeal in accordance with the provisions herein, theCONSULTANT shall be afforded an opportunity to be heard by the Executive Director and tooffer evidence in support of its position. The decision of the PPC/MPO Executive Director shallbe binding upon the CONSULTANT and the CONSULTANT shall abide be the decision.b. Performance Durin2 Dispute - Unless otherwise directed by the PPC/MPO, theCONSULTANT shall continue performance under this AGREEMENT while matters in disputeare being resolved.Page 18 of 35 ~3-1PIN ELLASPLANING^COUNCILc. Claims for Damages - Should either party to the AGREEMENT suffer injury or damage toperson or property because of any act or omission of the party or of any of his employees, agentsor others for whose acts he is legally liable, a claim for damages therefore shall be made inwriting to such other party within a reasonable time after the first observance of such injury ofdamage.d. Additional Remedies - After the CONSULTANT exhausts all administrative remedies withthe MPO/PPC as outlined above, the CONSULTANT may appeal to the FTA. Reviews ofprotests byAe FTA are completely discretionaiy and will be limited to: (1) a grantee's failure tohave or follow its protest procedures, or its failure to review a complaint or protest, or (2)violations of Federal law or regulation. An appeal to the FTA must be received within five (5)working days of the date the protester learned or should have learned of an adverse decision by!,^,^l!,e ^t^^sTi^^?^^l.t?ZTi^L-' ^he^f)N^UL?Lll?T may also Proceed to nonbmdingarbitration. The CONSULTANT is hereby on notice that if arbitration is pursued, the FTA mustconcur in any arbitration award before it becomes final and Federal Funds are released. Only ifthe administrative remedies discussed herem have been exhausted and nonbinding arbitration hasbeen pursued but unsuccessful shall the CONSULTANT have the right to bring a'claim in a courtof competent jurisdiction within the State of Florida. Venue shall be in Pinellas County, Florida.e. Rights and Remedies - The duties and obligations imposed by the AGREEMENT documentsand the rights and remedies available thereunder shall be in addition to and not a limitation of anyduties, obligations, rights and remedies otherwise imposed or available by law. No action orfailure to act by the PPC/MPO or CONSULTANT shall constitute a waiver of any right or dutyafforded any of them under the AGREEMENT, nor shall any such action or'faihu-e to actconstitute an approval of or acquiescence in any breach thereunder, except as may be specificallyagreed in writing.17. Patent and Rights Data-A. Rights in Data - The following requirements apply to each contract involving experimental,developmental or research work:1. The term "subject data" used in this clause means recorded mformation, whether or notcopyrighted, that is delivered or specified to be delivered under the contract. The term includesgraphic or pictorial delineation in media such as drawings or photographs; text m specificationsor related performance or design-type document^ machine forms "such as punched cards,magnetic tape, or computer memory printouts; and mfonnation retained in computer memory.Examples include, but are not limited to: computer software, engineering drawings and associatedlists, specifications, standards, process sheets, manuals, technical reports, catalog itemidentifications, and related information. The term "subject data" does not include financialreports, cost analyses, and similar information incidental to contract administration.2. The following restrictions apply to all subject data first produced in the performance of thecontract to which this Attachment has been added:a. Except for its own internal use, the CONSULTANT may not publish or reproducesubject data in whole or in part, or in any manner or fonn;nor may CONSULTANTauthorize others to do so, without the written consent of the Federal Government, untilsuch time as the Federal Government may have either released or approved the release ofsuch data to the public; this restriction on publication, however, does not apply to anycontract with an academic institution.Page 19 of 35 -.1I^PIMELLASPlANNiMGCOUNCILb. In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Governmentreserves a royalty-free, non-exclusive and in-evocable license to reproduce, publish, orotherwise use, and to authorize others to use, for "Federal Government purposes," anysubject data or copyright described m subsections (2)(b)l and (2)(b)2"of*this clausebelow. As used in the previous sentence, "for Federal Government purposes," means useonly for the direct puiposes of the Federal Government. Without the copyright owner'sconsent, the Federal Government may not extend its Federal license to any other party1. Any subject data developed under that contract, whether or not a copyright hasbeen obtained; and2 Any rights of copyright purchased byjhe CONSULTANT using Federalassistance in whole or in part provided by FTA.c. When FTA awards Federal assistance for experimental, developmental, or researchwork, it is FTA's general intention to increase transportation knowledge available to thepublic^atherthan to restrict the benefits resulting from the work to participants in thatwork. Therefore, unless FTA detennines otherwise, the CONSULTANT performingexperimental, developmental, or research work required by the underlying contract towhich this Attachment is added agrees to permit FTA to make available to the public,either FTA's license in the copyright to any subject data developed in the course of thatcontract, or a copy of the subject data first produced under the contract for which acopyright has not been obtained. If the experimental, developmental, or research work,which is the object of the underlying contract, is not completed for any reasonwhatsoever, all data developed under that contract shall become subject data as defined insubsection (a) of this clause and shall be delivered as the Federal Government may direct.This subsection (c), however, does not apply to adaptations of automatic data processingequipment or programs for the CONSULTANT'S use whose costs are financed in wholeor in part with Federal assistance provided by FTA for transportation capital projects.d. Unless prohibited by state law, upon request by the Federal Government, theCONSULTANT agrees to indemnify, save, and hold harmless the Federal Government,its officers, agents, and employees acting within the scope of their official duties againstany liability, including costs and expenses, resulting from any willful or intentionalviolation by the CONSULTANT of proprietary rights, copyrights, or right of privacy,arising out of the publication, translation, reproduction, delivery, use, or'disposition ofany data furnished under that contract. The CONSULTANT shall not be required toindemnify the FedCTal Government for any such liability arising out of the wrongful actof any employee, official, or agents of the Federal Government.e. Nothing contained in this clause on rights in data shall imply a license to the FederalGovernment under any patent or be construed as affecting Ae scope of any license orother right otherwise granted to the Federal Government under any patent.f. Data developed by the CONSULTANT and financed entirely without using Federalassistance provided by the Federal Government that has been incoiporated into workrequired by the underlying contract to which this Attachment has been added is exemptfrom the requirements of subsections (b), (c), and (d) of this clause, provided that theCONSULTANT identifies that data in writing at the time of deliveiy of the contractwork.Page 20 of 35 -.~tPINELLA5^PlANM'NG^-^COUNCILg. Unless FTA determines otherwise, the CONSULTANT agrees to include theserequirements in each subcontract for experimental, developmental, or research workfinanced in whole or m part with Federal assistance provided by FTA.3. Unless the^Federal Government later makes a contrary determination in writing, iirespective ofthe CONSULTANT'S status (i.e. , a large business, small business, state government or statemstrumentality, local government, nonprofit organization, institution of higher education,individual, etc.), the CONSULTANT agrees to take the necessary actions to provide, throughFTA, those rights in that invention due the Federal Government as described in U.S. Departmentof Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and SmallBusiness Finns Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R.Part 401.4.The CONSULTANT also agrees to include these requirements in each subcontract forexperimental, developmental, or research work financed in whole or in part with Federalassistance provided by FTA.B. Patent Rights - The following requirements apply to each contract involving experimental,developmental, or research work:1. General - If any mvention, improvement, or discovery is conceived or first actually reduced topractice in the course of or under the contract to which this Attachment has been added, and thatinvention, improvement, or discovery is patentable under the laws of the United States ofAmerica or any foreign country, the CONSULTANT agrees to take actions necessary to provideimmediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.2. Unless the Federal Government later makes a contrary determination in writing, irrespective ofthe CONSULTANT'S status (a large business, small business, state government or stateinstrumentality, local government, nonprofit organization, institution of higher education,individual), the CONSULTANT agrees to take the necessary actions to provide, tb-ough FTA,those rights in that invention due the Federal Government as described in U.S. Department ofCommerce regulations, "Rights to Inventions Made by Nonprofit Organizations and SmallBusiness Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R.Part 401.3. The CONSULTANT also agrees to include the requirements of this clause in each subcontractfor experimental, developmental, or research work financed in whole or m part with Federalassistance provided by FTA.SECTION 14. PROTTTBITION AGAINST CONTINGENT FEE14.0 The CONSULTANT warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT, to solicit or secure thisAGREEMENT and that he has not paid or agreed to pay any person, company, corporation,individual, or firm other than a bona fide employee working solely for the CONSULTANT, anyfee, commission, percentage, gift or any other consideration, contingent upon or resulting -fromthe award or making of this AGREEMENT.SECTION 15, TRUTH IN NEGOTIATIONS.Page 21 of 35 .-^PINELLA5PLANNINGh-d'COUNCIL15.0 In connection with this agreement, the CONSULTANT is required to complete Exhibit D "Truthin Negotiations" certificate.SECTION 16. SUCCESSORS AND ASSIGNS.16.0The CONSULTANT shall not assign or transfer its mterest in this AGREEMENT without thewritten consent of the PPC/MPO.SECTION 17. DEBARMENT AND SUSPENSION17.0 This AGREEMENT is a covered transaction for purposes of 49 CFR Part 29. As such, theco]?S.^.T^N-r][ ^ required to verify that none of the CONSULTANT, its principals, as definedat 49 CFR 29 995, or affiliates, as defined at 49 CFR 29.905, are excluded or'disqualified asdefined at 49 CFR 29.940 and 29.945.The CONSULTANT is required to comply with 49 CFR 29, Subpart C and must include therequirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters.into.By signing and submitting this AGREEMENT, the CONSULTANT certifies as follows:The certification in this clause is a material representation of fact relied upon by the PPC/MPO. Ifit is later determined that the CONSULTANT knowingly rendered an erroneous certification, maddition to remedies available to the PPC/MPO, the Federal Government may pursue availableremedies, including but not limited to suspension and/or debarment. The CONSULTANT agreesto comply with the requirements of 49 CFR 29, Subpart C while this ofFer is valid and throughoutthe period of any contract that may arise from this offer. The CONSULTANT further agrees toinclude a provision requiring such compliance m its lower tier covered transactions and willreview the "Excluded Parties Listing System" at the following Internet address:http://epls.amet.gov before entering into any third party or subagreement.Failure to comply with this provision of the AGREEMENT shall be considered a material breachand shall be grounds for immediate termination of the AGREEMENT.SECTION 18. ENDEPENDENT CONSULTANT18.0 The CONSULTANT acknowledges that it is functioning as an independent CONSULTANT inperforming under the tenns of this AGREEMENT, and it is not acting as an employee ofPPC/MPO.SECTION 19. NOTICE AND CONTACTS19.0 AU notices required by law and by this AGREEMENT to be given by one party to the other shallbe in writing and shall be sent to the following respective addressees:PPC/MPO:Whit Blanton, PPC/MPO Executive DirectorPage 22 of 35 -^-i>P: IS'ELLASPUNNING-1COUNCIL310 Court Street, 2nd FloorClearwater, FL 33756CONSULTANT:Jared SchneiderKimley-Hom and Associates, Inc.655 Franklin Street, Suite 150Tampa, FL 33602Phone:(813)635-5587Email: jared.schaeider@kimley-hom.comIf a different representative is designated after execution of this AGREEMENT, notice of thenew addressees will be made in writing.SECTION 20. CONFLICT OF INTEREST.20.0 By accepting award of this AGREEMENT, the CONSULTANT, which shall include itsExecutive Directors, officers and employees, represents that it presently has no interest in andshall acquire no interest, either directly or indirectly, in any busmess or activity which wouldconflict in any manner with the performance of services required hereunder, mcluding asdescribed in the CONSULTANT'S own professional ethical requirements. An interest in abusiness or activity which shall be deemed a conflict includes, but is not limited to, any direct orindirect financial interest in any of the material and equipment manufacturers, suppliers,distributors, or consultants who will be eligible to supply material and equipment for the TASKWORK ORDER for which furnishing its services is required hereunder.20.1 The CONSULTANT further covenants and agrees that, when a former PPC/MPO employee isemployed by the CONSULTANT, the CONSULTANT will require that strict adherence by theformer employee of, Section 112.3185, Florida Statutes, is a condition of employment of saidformer employee. These Statutes will by reference be made a part of this AGREEMENT asthough set forth m full. The CONSULTANT agrees to incorporate the provisions of thisparagraph in any subcontract into which it might enter with reference to the work performedpursuant to this AGREEMENT.20.2 Representation of an applicant of a local site plan or proposed amendment of a zoning or futureland use map designation by the CONSULTANT may be considered a conflict of interest if thePPC/MPO is providing technical assistance to the applicable local government. Approval byPPC/MPO staff is necessary prior to CONSULTANT agreeing to represent a developer insupport of a request seeking future land use map/zoning amendments or site plan approval fromlocal governments within Pinellas County.20.3If, in the sole discretion of the PPC/MPO's Executive Director or designee, a conflict of interestis deemed to exist or arise during the term of the AGREEMENT, the PPC/MPO's ExecutiveDirector or designee may cancel this AGREEMENT, effective upon the date so stated in theWritten Notice of Cancellation, without penalty to the PPC/MPO.SECTION 21. EFFECTIVE DATE, EXTENT AND TERM OF AGREEMENT.Page 23 of 35 -»PlMELLASPLANM;\'G^+COUNCIL«A21.0 This AGREEMENT will become effective upon proper and fmal execution, as reflected by thedate first written above (Effective Date).21.1 This AGREEMENT shall be for an initial tenn of two (2) years, which shall commence upon theEffective Date as defined herein. The PPC/MPO shall have the option to renew thisAGREEMENT for two (2) additional terms of two (2) years each upon mutual writtenagreement of the Parties.SECTION 22. PUBLIC ENTITY CRIMES.22.0The CONSULTANT is directed to the Florida Public Entity Crimes Act, Section 287.133,Florida Statutes, specifically Section 2(a), and the PPC/MPO's requirement that theCONSULTANT comply with it in all respects prior to and during the term of theAGREEMENT, as provided in Exhibit B (Public Entities Crime Form).SECTION 23. DOCUMENTS COMPRISING AGREEMENTS.23.0This AGREEMENT represents, together with all Exhibits, the entire written AGREEMENTbetween the PPC/MPO and the CONSULTANT and may be amended only by written instrumentsigned by both the PPC/MPO and the CONSULTANT.SECTION 24. FINAL CLOSEOUT.24.0The PPC/MPO may perform or have performed a final audit of the records of theCONSULTANT and any or all SUBCONSULTANTS to support the compensation paid theCONSULTANT for the TASK WORK ORDER. The audit would be perfonned as "soon aspractical after completion and acceptance of all contracted services. The final payment to theCONSULTANT may be adjusted for audit results.24.1Subsequent to the satisfactory completion of all services, a Certificate of Completion shall beprepared stating the total compensation due the CONSULTANT, the amount previously paid,and the difference, if any. Upon execution of the Certificate of Completion, the CONSULTANTshall either submit a final invoice for any amount due or refund to the PPC/MPO anyoverpayment, provided the net difference is not zero.SECTION 25. GOVERNING LAW AND AGREEMENT EXECUTIONThe laws of the federal government and the State of Florida shall govern this AGREEMENT.IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and yearfirst above written.PINELLAS PLANNING COUNCIL AND PINELLAS METROPOLITAN PLANNINGORGANIZATIONPage 24 of 35 .k.""IPlNELLASPLANNINGCOUNCILAttest:///y-././.By:By:'^ly/^^^L^/-->,jf^/\^Whit Blanton, FAICPCoun6ilmember Jim Kf-xPPC/MPO Executive DirectorPPC/MPO Chairman //By:Commi/sionerJoanne^6ookie" KennedyPPC/MPO SecretaryApproved as to form:^^^"-s^"/^^^^"^^ ^"^By: Chelsea HardyAssistant County AttorneyKIMLEY-HORN AND ASSOCIATES, INC.Attest:^.yyBy:/Print Name: S^rf ^ 61-L.i^m. . PS./Title:\}Tt c.PS.^'^CC £n~T~AAf5T ^Ece.erAR^fPage 25 of 35 -1/PlNtLLASPLANNINGCOUNCILEXHIBIT ASCOPE OF SERVICES1. PurposeThe Pinellas Planning Council (PPC) and Pinellas County Metropolitan Plaiming Organization (MPO),collectively referred to as "PPC/MPO", require the services of consultants to provide support toprofessional planning services for the PPC, MPO and local government jurisdictions.The MPO receives grant funding from the Federal Highway Administration, the Federal TransitAdministration, the Florida Department of Transportation and the Florida Commission for theTransportation Disadvantaged. The Unified Planning Work Program (UPWP) details the work the MPOperforms with this grant funding and is the basis for work conducted under MPO tasks. The PPC has anestablished budget that may be used to develop work assignments or augment those performed for theMPO to address land use and transportation together. In addition to the mandated land use andtransportation planning functions, the PPC/MPO is focused on the integration of land use andtransportation planning. The unified organization has identified three Pinellas Strategic Plamiing andOperations and Topics (SPOTlight) for 2016-2018: US 19 Corridor, Beach Access and the Gateway/Mid-County area. The next section outlines services that may be assigned to Consultant(s) under one or moregeneral planning consultant contracts for the PPC/MPO or participating local governments.2. ServicesThe PPC/MPO has five general planning "sub" areas that require the support of general planningconsultants including multimodal transportation planning and analysis, economic analysis,communications and public involvement, urban design, and land use/redevelopment. The generalplanning services that support the PPC/MPO's land use and transportation planning functions, and arenecessary to support all five "sub" areas include, but are not necessarily limited to:SPOTlight area planningScenario planning..Program developmentEnvironmental planning, including air..Public participationquality..Land use and socioeconomic data.Regional planning..GrowthmanagementandTransportation system monitoring anddatabase managementcomprehensive planningFinancial resources and legislationRedevelopment planning and regulation..a.monitoring.Countywide Land Use Plan supportSystems planningResearch, best practices and case studies..Congestion management, safety and.toperationsPublic transportation planning.Transportation disadvantaged plaiming.Bicycle and pedestrian planning.Local government technical assistance.Corridor planning..TheTransportationImprovementProgram (TIP)The Long Range Transportation Plan.(LRTP)Page 26 of 35 Descriptions of the sub area(s) for which the CONSULANT has been awarded are listed below:1. Multimodal Transportation Planning and AnalysisThe following Usts anticipated planning efforts related to multimodal transportation planning andanalysis. This includes, but is not limited to:Modeling and Simulation.Bicycle and Pedestrian Activities.Transit Service and Operations.Transit Capital Facilities.Transportation Disadvantaged.Data Collection, Development and Management.Access Management.Mobility and Demand Management.Parking and Circulation.Intelligent Transportation Systems.Waterborne Transportation.Feasibility Studies.Complete Streets.Resilience and Sustainability.Safety Assessments.Freight Analysis..Corridor Studies2. Communications and Public InvolvementCommunication and public involvement support may include, but is not limited to:Community Outreach, Engagement and Facilitation.Graphic Design and Visualization.Writing, Editing and Digital Publication.Digital and Thematic Storytelling.Website Design and Maintenance.Market and Survey Research.Public and Media Relations.Page 27 of 35 EXHIBIT BSWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ONPUBLIC ENTITY CRIMETHIS FORM MUST BE SIGNED AND SWORN TO W THE PRESENCE OF A NOTARY PUBLIC OR OTHEROFFICIAL AUTHORIZED TO ADMINISTER OATHS.1. This sworn statement is submitted to Pi:n£u_^rS> Co»Ai4TV /i^iPePrMEt.t-A*Pt-A*<WtA/<. £6uUCH^/By.S^o^r<«*J.<=--&.L-^e.e£SM's-c.-e- pe-e.s-Mie^AT' / &T se^ec.TA'ej^(print this indi^iduaFs name and title)forye.-s-^v.&si' -\»»bt^Afr^dA*AtoUEAT^5>. XlsX^(print name of entity submitting statements)whose business address isCS-S-yW-A*lt=.l-T.^ -S-TTM»TPA_J=L ?3^G"Z-and if applicable whose Federal Employer Identification Number (FEIN) is EH - DS& S'C 1 5^If the entity has no VEIN, include the Social Security Number of the individual signing this sworn Statement:A</A2._I understandtfiat a "public entity crime" as defined in paragraph 287.133(l)(a), Florida Statutes, mean a violationof any state or federal law by a person with respect to and directly related to the transactions ofbusiness with any public entity or with an agency or political subdivision of any other state or with the United Statesincluding, but not limited to any bid or contract for goods or services to be provided to any public entity or anyagency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery,collusion, racketeering, conspiracy, or material misrepresentation.3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(l)(b), Florida Statutes means afinding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or statetrial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Juryverdict, nonjury trial, or entry of a plea of guilty or nolo contendere.4.1 understand that an "afGliate" as defined in paragraph 287.133(l)(a), Florida Statutes, means:1. A predecessor or successor of a person convicted of public entity crime; or2 An entity under the control of any natural person who is active in the management of the entity and who has beenconvicted of a public entity crime. The tenn "affiliate" includes those officers, directors, executives, partners,share-holders!jn?51.0yees'n^mbers' and age,^ts who are active inthe management of an affiliate. The ownership byone person of shares constituting a controlling interest in another person, or a pooling of equipment or mcom'eamong persons when not for fair market value under an arm's length agreement, shall be a prima facie case that oneperson controls another person. A person who knowingly enters into a joint venture with a person who has beenconvicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.5.1 understand that a "person" as defined in Paragraph 287 133(1 )(e), Florida Statutes, means any natural person orentity organized under the laws of any state or of the United States with the legal power to enter into a bindingcontract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, orwhich otherwise transacts or applies to transact business with a public entity. The term "person" includes thoseofficers, executives, partners, shareholders, employees, members, and agents who are active in management of anentity.6. Based on information and belief, the statement which I have marked below is true in a relation to the entitysubmitting this sworn statement. (Please indicate which statement applies).Page 28 of 35 pa^n^^Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,shareholders, employees, members, or agents who are active in the management of the entity, or anyaffiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months.The entity submitting this sworn statement, or one or more of its officers, directors, executives,partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliateof the entity has been charged with and convicted of a public entity crime within the past 36 months.AND (Please indicate which additional statement applies).The entity submitting this sworn statement, or one or more of its officers, directors, executives,partners, shareholders, employees members, or agents who are active in the management of the entity, or agentswho are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of apublic enAycrmiemd^die past 36 montiis. However there has been a subsequent proceeding before a HearingOfficers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officerdetermined that it was not in the public interest to place the entity submitting this sworn statement on the convictedvendor list. (Attached is a copy of the final order).I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FORTHE PUBLIC ENTITY mENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITYONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 3 1 OF THE CALENDAR YEARIN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVERPERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLICENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNTPROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE INTHE INFORMATION CONTAINED m THIS.FORM..(Signature)Print Name:<^iyTT-LQfa-^L<Ll6-ftB£*VT-<-£- S9g.^.<-,-^&E.hA-T-y^<s».T- .ifftf.prAd^Title:City of T"Q m oa/2STATE OF FLORTOAme this l^dayof M^Sworn and subscribed before, 2016 by^c^ (^^^^who is Personally known to mesOr who produced identification -(Type of Identification)\s^^,^r:&M^tL(Signature) Notary Public-State of FloridaMivn^-n ^_^^^(Printed, typed or stamped commissioned name of notary public)VIVIAN D. REDDICK.4%%5*5 Commission #FF 921892*;:;I'Expires September 27,2019Bondad Thiu Tray Fain Inamisi acC-385-7019*11My commission expires ^fAev^ ^e.^ 2 7^ J3^/<? (SEAL)Page 29 of 35 EXHIBIT CHOURLY RATESPPC/MPO Loaded Rate StructureClassificationLowHighChief Professional/Project Director160275Project Manager135218Senior Professional108201Project Professional70160Professional71$133Senior Specialist183$449Specialist120$231Senior Technician72130Technician/Analyst5590Secretary/Clerical5581(1) These rates are loaded (includes overhead, fringe benefits, facility capital cost ofmoney, operating margin or out-of-pocket expenses)(2) The hourly rate structure may be re-negotiated at renewal periods of thecontract, or at the discretion of the PPC/MPO.(3) This rate structure applies to the CONSULTANT and their SUBCONSULTANTS:Placemaker Design Studio and Vrana Consulting.(4) Individual rates within this structure/range will be determined at the time ofeach TASK WORK ORDER assignment.Page 30 of 35 EXHIBIT DTRUTH-IN-NEGOTIATION CERTIFICATEIn compliance with this Agreement dated 5"///o?£>^, between theMPO and theConsultant, the Consultant herewith certifies that:1) The rates of compensation and other factual unit costs supporting the compensation areaccurate, complete, and correct at the time of contracting.2) Any and all limitations^ on current or fature years' contract fees, including an^rarrangements under which fixed limits on fees will not be subject to reconsideration ifunexpected accounting issues are encountered, are disclosed herein.3) Any and all services to be provided under the above-referenced Agreement at rates orterms that are not customary are described herein.Hourly compensation rate is as specified in Exhibit C of this Agreement.Standard compensation rate for this type engagement is as negotiated.^/ni-e.r- no<Lu f^p A^SO£XW^, ZAI^.CONSULTANT^^yBy:Date: ^./*T//-7z> ^Page 31 of 35 EXHIBIT ETITLE VI/ NONDISCRBIINATION POLICY STATEMENT>AS(>CtAT'e-<*>, tMC.^^^.^^ (^Tco^Ta^ ^e Horida D.p^. ofT^^.a.io.and the PPC/MPO that no person shall on the basis of race, color, national Origin, sex, age, disability,family or religious status, as provided by Title VI of the Civil Rights Act of 1964, the Civil RightsRestoration Act of 1987 and the Florida Civil Rights Act of 1992 (collectively referred to as the "Acts")be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination orretaliation under any program or activity.;Hlg- ^.tm^^-^bt** ^MP(N^f^t^ltaS)^of Consultant) further agrees to the following responsibilities withrespect to its programs and activities:1. Designate a Title VI Liaison that has a responsible position within the organization and access tothe Consultant's Chief Executive Officer.2. Issue a policy statement signed by the Chief Executive Officer, which expresses its commitmentto the nondiscrimination provisions of Title VI. The policy statement shall be circulatedthroughout the Consultant's organization and to the general public. Such information shall bepublished where appropriate in languages other than English.3. Insert the clauses of Appendix A of this agreement in every contract subject to the Acts andassociated regulations4. Develop a complaint process and attempt to resolve complaints of discrimination. Complaintsagainst the Consultant shall immediately be forwarded to the FDOT District Title VI Coordinator.5. Participate in training offered on Title VI and other nondiscrimination requirements.6. If reviewed by FDOT or USDOT, take affirmative action to correct any deficiencies found withina reasonable time period, not to exceed ninety (90) calendar days.7. Have a process to collect racial and ethnic data on persons impacted by your firm's programs.THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federalfunds, grants, loans, contracts, properties, discounts or other federal financial assistance under allprograms and activities and is binding. The person whose signature appears below is authorized tosign this assurance on behalf of the Consultant.^h}wLDatedr#^^By/Print Names>^*c-». c.-c.i.-He-^.^ P£Title\J-C-L^-/ AWT <£^lE&TACy/Page 32 of 35 TITLE VI APPENDDC A of EXHIBIT EDuring the performance of this contract, the Consultant, for itself, its assignees and successors m interest(hereinafter referred to as the "Consultant") agrees as follows:(1.) Compliance with Regulations: The Consultant shall comply with the Regulations relative to^^l^lE^n3^I^.^nT»^e^^l^a!sis^ed.i)^o?''m^;s^of !he u"s^ D^)artment of Transportation(hereinafter "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amendedfrom time to time, (hereinafter referred to as the Regulations), which are herem incorporated byreference and made a part of this Agreement.(2.) Nondiscrimination: The Consultant, with regard to the work performed during the contract, shallnot discriminate on the basis of race, color, national origin, sex, age, disability, religion or familystatus in the selection and retention of subConsultants, including procurements of materials andleases of equipment. The Consultant shall not participate either directly or indirectly in thediscrimination prohibited by section 21.5 of the Regulations, including employment practices whenthe contract covers a program set forth in Appendbt B of the Regulations.(3.) Solicitations for Sybconsultants, including Procurements of Materials and Equipment: In allsolicitations made by the Consultant, either by competitive bidding or negotiation for work to beperformed under a subcontract, including procurements of materials or leases of equipment; eachpotential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligationsunder this contract and the Regulations relative to nondiscrimination on the basis of race, color,national origin, sex, age, disability, religion or family status.(4.) Information and Reports: The Consultant shall provide all information and reports required bythe Regulations or directives issued pursuant fhereto, and shall permit access to its books, records,accounts, other ^sources of infonnation, and its facilities as may be detennined by the FloridaDepartment of Transportation, the Federal Highway Administration, Federal TransitAdministration, Federal Aviation Administration, and/or the Federal Motor Carrier SafetyAdministration to be pertinent to ascertain compliance with such Regulations, orders andinstructions. Where any information required of a Consultant is in the exclusive possession ofmother who fails or refuses to furnish this information the Consultant shall so certify to the FloridaDepartment of Transportation, the Federal Highway Administration, Federal TransitAdministration, Federal Aviation Administration, and/or the Federal Motor Carrier SafetyAdministration as appropriate, and shall set forth what efforts it has made to obtain the information.(5.) Sanctions for NoncompUance: In the event of the Consultant's noncompliance with thenondiscrimination provisions of this contract, the Florida Department of Transportation shallimpose such contract sanctions as it or the Federal Highway Administration, Federal TransitAdministration, Federal Aviation Administration, and/or the Federal Motor Carrier SafetyAdministration may determine to be appropriate, including, but not limited to:a. withholding of payments to the Consultant under the contract until the Consultant complies,and/orb. cancellation, termmation or suspension of the contract, in whole or in part.Page 33 of 35 (6.) Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1)through (6) in_every subcontract, including procurements of materials and leases'of equipment,unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall takesuch action with respect to any subcontract or procurement as the Florida Department ofTransportation, the Federal Highway Administration, Federal Transit Administration, FederalAviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as ameans of enforcing such provisions including sanctions for noncompliance. In the event aConsultant becomes involved in, or is threatened with, litigation with a sub-Consultant or supplier asa result of such direction, the Consultant may request the Florida Department of Transportation toenter mto such litigation to protect the interests of the Florida Department of Transportation, and, maddition, the Consultant may request the United States to enter into such litigation to protect theinterests of the United States.Page 34 of 35 EXHIBIT F49 CFR PART 20-CERTIFICATION REGARDING LOBBYINGCertification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offerexceeding $100,000)The undersigned certifies, to the best of his or her knowledge and belief, that:(1) No Federal appropriated fimds_have been paid or will be paid, by or on behalf of the undersigned, to any personfor influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an ofGcer oremployee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federalcontract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperativeagreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,loan, or cooperative agreement.(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for makinglobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, orcooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form toReport Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for NewRestrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modifiedin accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,et seq.)](3) The undersigned shall require that the language of this certification be included in the award documents for allsubawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperativeagreements) and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made orentered into. Submission ofthiscerdfication is a prerequisite for making or entering into this transaction imposed by31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the requiredcertification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each" suchfailure.[Note: Pursuant to 31 U.S.C. § 1352(c)(l)-(2)(A), any person who makes a prohibited expenditure or fails to file oramend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and notmore than $100,000 for each such expenditure or failure.]v^A.T-ec>.T^"The Consultant, ^w^ -vu>a^ ^*jip Ar$m^e),certIfi^sOTaffums the truthfuhiess and accuracy of eachstatement of its certification and disclosure, if any. In addition, the Consultant understands and agrees that theprovisions of 31 U.S.C. A 3801, etseq., apply to this certification and disclosure, if any.y.^y(signature)Print Name:t-o * <£>:i-t-A<&2_PE./Title:uTLcepe. -2»T-f»£MT / A-S^T- 5&j2.e*nMiyI£-L/~Date:'^-01^//Page 35 of 35 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9062-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9062-17 on second reading, approving amendments to the Clearwater Comprehensive Plan Utilities Element to address the City of Clearwater’s Potable Water Supply Facilities Work Plan (2016-2026 Planning Period). (CPA2017-06002) SUMMARY: On August 17, 2017, the Clearwater City Council approved on first reading amendments to the Clearwater Comprehensive Plan to include updated information based on the recent update to the Potable Water Supply Facilities Work Plan (2016-2026) (Work Plan) completed by Tetra Tech, Inc. As required by Florida Statutes, the proposed text amendments and the Work Plan were submitted to the Florida Department of Economic Opportunity (DEO) and other required State agencies and Pinellas County for review and comment. The Planning and Development Department received responses from DEO, Florida Department of Transportation, Florida Department of Environmental Protection, and Pinellas County stating they had no comments on and/or objections to the proposed amendments and Work Plan. Staff received comments from the Southwest Florida Water Management District (SWFWMD) requesting that additional information be included within the Work Plan to fully address the statutory requirements. However, no changes to the proposed comprehensive plan amendments were required. Engineering Department staff coordinated with Tetra Tech, Inc. to address the SWFWMD’s comments within the Work Plan. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/1/2017 Ordinance No. 9062-17 ORDINANCE NO. 9062-17 AN ORDINANCE OF THE CITY OF CLEARWATER (THE CITY), FLORIDA, AMENDING THE CITY’S COMPREHENSIVE PLAN IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES, BY MODIFYING THE UTILITIES ELEMENT, UPDATING PROVISIONS RELATED TO POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE NEEDS BASED ON THE CITY’S 10-YEAR WATER SUPPLY FACILITIES WORK PLAN (2016-2026), COMPLETED IN ACCORDANCE WITH THE 2015 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT’S (SWFWMD) REGIONAL WATER SUPPLY PLAN; UPDATING AND REPLACING MAP #D-2; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City to plan for the future development and growth, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Section 163.3177, Florida Statutes, requires coordination of the local comprehensive plan with the water management district’s regional water supply plans; and WHEREAS, the City’s water supply work plan must be updated every five years within 18 months after the governing board of a water management district approves an updated regional water supply plan; and WHEREAS, on November 17, 2015, the Governing Board for SWFWMD approved the 2015 Regional Water Supply Plan; and WHEREAS, the City has completed the 10-year Water Supply Facilities Work Plan (2016-2026); and WHEREAS, these proposed amendments and the City’s 10-year Water Supply Facilities Work Plan (2016-2026) will be transmitted to the Florida Department of Economic Opportunity (DEO) for review and comments, and their objections, recommendations and comments, along with all comments from local and regional agencies, will be considered by city staff in preparing these proposed amendments, prior to adoption by the City Council; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: 2 Ordinance No. 9062-17 Section 1. That the Introduction to the Utilities Element of the Clearwater Comprehensive Plan be amended to read as follows: * * * * * Potable Water and Natural Ground Water Aquifer Recharge Needs  Clearwater has maintained an interlocal agreement with Pinellas County since 1955 with approximately fortyfifty-five percent (4055%) of its water supply emanating from the County. The City also maintains a water use permit issued through the Southwest Florida Water Management District (SWFWMD) to pump an average of 14.3 million gallons daily (MGD) from its forty-foursix active wellheads. In 2011, the actual average pumpage from the City's wells is was approximately 7.565 MGD (average through September 2015). The balance of the City's water demand is met through purchase from Pinellas County. In order to meet the city’s future potable water supply needs in a fiscally responsible manner, several alternative actions must be explored and initiated both individually or in combination with other water supply source alternatives. The City's Water Supply Plan - Capital Improvements Implementation Master Plan (Oct 2004), as updated in 2008 and 2012, includeds projects based upon cost- benefit analysis that will enabled the City to increase its local production of potable water to 7.5ten (10) MGD inby 2015. * * * * *  The City needs to continue to recognize potable water as a scarce resource and to continue to operate the water utility prudently in implementing both conservation and consumption objectives. The current water consumption rate is approximately seventy-six (76)ninety (90) gallons/person/day, which includes both the seasonal and permanent population of Clearwater and is inclusive of both City produced water and County purchased water. * * * * * Section 2. That Objective D.5.2 of the Clearwater Comprehensive Plan and Policies D.5.2.7 and D.5.2.8, be amended to read as follows: D.5.2 Objective - Provide adequate quantity and quality of water service to all customers of the Clearwater service area. Current service level (MayOctober, 20172) is 45,16841,973 customer accounts (potable, reclaimed and fire). Policies * * * * * D.5.2.7 Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water 3 Ordinance No. 9062-17 System through Clearwater’s intergovernmental water service agreement. The City’s long range Water Master Plan, updated in 2012, and its 10-Year Water Supply Facilities Work Plan (2016-2026 Planning Period) shall serve as the guiding documents for water supply and treatment methods. D.5.2.8 Ensure that water management projects are designed and operated to maintain and enhance natural systems, as well as manmade systems, by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City’s long range Water Master Plan outlines a work plan for continued coordination with the Southwest Florida Water Management District’s Regional Water Supply Plan, adopted in November 2015January 2011. * * * * * [Ordinance continues on the following page.] 4 Ordinance No. 9062-17 Section 3. That Map D-2 of the Clearwater Comprehensive Plan be replaced with the updated map below: 5 Ordinance No. 9062-17 Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. This ordinance shall become effective when the Department of Economic Opportunity issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, F.S., as amended. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Prepared for: City of Clearwater Prepared by: Tetra Tech, Inc. 10‐Year Water Supply Facilities Work Plan (2016‐2026 Planning Period) October 2017 City of Clearwater 10-Year Water Supply Facilities Work Plan (2016-2026 Planning Period) #200-41125-17001 October 13, 2017 PRESENTED TO PRESENTED BY City of Clearwater 100 S. Myrtle Ave., #220 Clearwater, FL 33758-4748 Tetra Tech, Inc. 5201 W. Kennedy Blvd. #620 Tampa, FL 33609 P +1-812-579-5107 F +1-813-682-2298 tetratech.com Prepared by: Emilie Moore, PE, PMP, ENV SP Date Shannon Leicht, EI Date City of Clearwater 10-Year Water Supply Facilities Work Plan i October 2017 EXECUTIVE SUMMARY The city of Clearwater (city) is an incorporated municipality in Pinellas County, located on the central west coast of Florida between the Gulf of Mexico and Tampa Bay. The city currently serves as a Public Water Supplier, providing on average over 11 million gallons per day (MGD) of water to the city and unincorporated areas within its water service area. The city provides over 60% of the supply and treatment capacity to serve the entire service area with city owned facilities. The city has had longstanding interlocal agreements with Pinellas County to purchase potable water to make up the differential. In the city’s 2004 Water Master Plan, plans were laid out for the city to increase water production by rehabilitating and expanding existing facilities and constructing new membrane treatment plants to reduce the city’s dependency on water from outside sources and ultimately produce potable water at a cost per unit volume that is less than future years’ purchase price from Pinellas County. The city has also implemented new reclaimed water service to many existing customers to offset the potable water demand used for irrigation purposes. Additionally, the city is proceeding with groundwater replenishment, a potable reuse program to recharge the aquifer with purified reclaimed water. To forecast future potable water demand within the city’s service area, population projections for the time period of 2016 through 2026 were evaluated. The city’s 2008 and 2012 Potable Water Supply Facilities Updates utilized population projection data from the Pinellas County Planning Department (PCPD). Updated PCPD data and population projection data from the Southwest Florida Water Management District (SWFWMD) and the University of Florida’s Bureau of Economic and Business Research (BEBR) were utilized to project the city’s service area population through 2026. The population projections vary between the PCPD (growth), SWFWMD (minimal growth/stagnant), and BEBR (slight growth). Based on the presented population projections, it seems reasonable to expect that some population growth could occur over the 10-year planning period and that the SWFWMD projections show a reasonable population increase that is in line with historical growth rates. It is recommended that the city monitor water usage in their service area over the next few years to verify if the service area population is likely increasing as projected. For the 10-year planning period (2016 through 2026), it is expected that the average daily demand (ADD) of potable water within the city’s service area will be no more than 13 million gallons per day (MGD). City projects that were completed since the 2012 Potable Water Supply Facilities Master Plan Update include: 1. Wellfield Expansion Program: a. Wellfield Expansion for Reverse Osmosis Water Treatment Plant No. 1 (ROWTP 1) b. Wellfield Expansion for ROWTP No. 2 (ROWTP 2) c. Wellfield Expansion for Water Treatment Plant No. 3 (WTP 3) 2. ROWTP 1 Expansion 3. New ROWTP 2 Future city water facilities include: 1. WTP 3 Improvements - Includes addition of RO treatment (City budget: $8.15M) 2. Groundwater Replenishment Project (potable reuse) – Construction for recharge wells scheduled to begin in 2017; Construction of Advanced Water Purification Plant scheduled to begin in 2018. (Estimated city cost: $16.35M, cooperatively (50%) funded by the Southwest Florida Water Management District) City of Clearwater 10-Year Water Supply Facilities Work Plan ii October 2017 The city has evaluated the cost of potable water production. The cost of production is based on the city’s costs to produce potable water from its water facilities and the cost to purchase potable water from Pinellas County that provides the balance of potable water supply in Clearwater. Pinellas County’s adopted wholesale rates are as follows as shown in Table ES-1: Table ES-1. Adopted Pinellas County Wholesale Rates (cost/1000 gallons) Fiscal Year Pinellas County Wholesale Rate FY 2012 $3.43 FY 2013 $3.56 FY 2014 $3.71 FY 2015 $3.86 FY 2016 $3.92 FY 2017 $3.99 FY 2018 $4.06 FY 2019 $4.13 The city’s operating and annualized capital costs for Fiscal Year (FY) 2016 are shown below in Table ES- 2: Table ES-2. City of Clearwater Operating and Annualized Capital Costs (cost/1000 gallons) Description Cost Operating Cost $1.04 Annualized Capital Cost $2.02 Total Cost (Operating and Capital) $3.06 The city of Clearwater is committed to providing high quality potable water to its residents in cost efficient ways. The measures of expanding the city’s potable water supply facilities from 2016 through 2026 as described in this document provide for cost effective and reliable water supply and treatment systems for the city’s potable water system customers. City of Clearwater 10-Year Water Supply Facilities Work Plan iii October 2017 TABLE OF CONTENTS 1.0 Introduction ........................................................................................................................................ 1 1.1 Background ................................................................................................................................... 1 1.1.1 Wellfields/Water Sources ...................................................................................................... 1 1.1.2 Water Treatment Plants ........................................................................................................ 1 1.1.3 Interlocal Agreements ........................................................................................................... 2 2.0 Population and Water Demand Projections ...................................................................................... 4 2.1 Introduction .................................................................................................................................... 4 2.1.1 Service Area .......................................................................................................................... 4 2.1.2 Per Capita Usage .................................................................................................................. 4 2.1.3 Population Projections .......................................................................................................... 4 2.2 Water Consumption Estimates .................................................................................................... 10 3.0 Potable Water Supply Projects Update ........................................................................................... 12 3.1.1 Wellfield Expansion for ROWTP 1 and WTP 3 ................................................................... 12 3.1.2 ROWTP 1 Expansion .......................................................................................................... 12 3.1.3 ROWTP 2 ............................................................................................................................ 12 3.1.4 Offset of Water Demands through Expansion of Reuse System ........................................ 13 3.1.5 Groundwater Replenishment Project .................................................................................. 15 3.1.6 Water Conservation Measures ............................................................................................ 15 4.0 Conceptual Cost Estimates for Capital Improvements ................................................................... 16 5.0 Water Production Costs Update ...................................................................................................... 17 6.0 Summary ......................................................................................................................................... 18 City of Clearwater Draft 10-Year Water Supply Facilities Work Plan 1 October 2017 1.0 INTRODUCTION 1.1 BACKGROUND The city of Clearwater (city) is an incorporated municipality in Pinellas County, located on the central west coast of Florida between the Gulf of Mexico and Tampa Bay. The city currently serves as a Public Water Supplier, providing on average over 11 million gallons per day of water to the city and unincorporated areas. The city provides over 60% of the supply and treatment capacity to serve the entire service area with city owned treatment facilities. The city has had longstanding interlocal agreements with Pinellas County to purchase potable water to make up the differential. In the city’s 2004 Water Master Plan, plans were laid out for the city to increase water production by rehabilitating and expanding existing facilities and construct new membrane treatment plants to reduce the city’s dependency on water from outside sources and ultimately produce potable water at a cost per unit volume that is less than future years’ purchase price from Pinellas County. The city has also implemented new reclaimed water service to many existing customers to offset the potable water demand used for irrigation purposes. The city is proceeding with groundwater replenishment, a potable reuse program to recharge the aquifer with purified reclaimed water. This document is intended to update the progress of these projects, update the projected population and demands for the city’s service area, and to summarize projected water production costs for the next 10 year period (2016-2026). 1.1.1 Wellfields/Water Sources The city of Clearwater utilizes 44 raw water supply wells. Thirty-two of the wells are completed in upper Zone A of the Floridan aquifer to total depths up to approximately 250 feet below land surface (bls). Twelve wells (Wells 2-1 through 2-12) are completed in lower Zone A of the Floridan aquifer to depths ranging from approximately 250 to no more than 500 feet below land surface (bls). The wells and their associated water treatment plant (WTPs) are as follows:  ROWTP 1 Wells (16 wells) - 23, 31, 48, 51R, 65, 66, 73, 74, 75, 78, 80, 81, 1-1, 1-2, 1-3, 1-4  ROWTP 2 Wells (17 wells) – 45, 46, 51, 52, 53, 2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2- 11, and 2-12  WTP 3 Wells (11 wells) – 56, 58, 63, 68, 69R, 77, 79R, 3-1, 3-2, 3-4, and 3-5 The city holds a Water Use Permit (WUP) from the Southwest Florida Water Management District to withdraw groundwater from the Floridan aquifer. The city of Clearwater recently updated Water Use Permit (No. 20 00981.018). The WUP authorized an annual average withdrawal of 14.3 MGD and a peak month withdrawal of 15.82 MGD. The wellfields had an average withdrawal rate of 7.57 MGD between October 2014 and September 2015, with average withdrawal of 9.44 MGD for the months of June through September 2015. 1.1.2 Water Treatment Plants The city is authorized through the Florida Department of Environmental Protection (FDEP) as a community water supplier. The city has three water treatment facilities in operation. These facilities are summarized below: 1. Reverse Osmosis Water Treatment Plant No. 1 (ROWTP 1) – This facility is located at 1657 Palmetto just west of Saturn Drive. The source of raw water supply for ROWTP 1 is groundwater City of Clearwater 10-Year Water Supply Facilities Work Plan 2 October 2017 from Upper Zone A of the Floridan aquifer. ROWTP 1 includes a pretreatment process train, reverse osmosis process skids, two 3 million gallon (MG) finished water storage tanks and a high service pumping station. ROWTP 1 has a rated capacity of 4.5 MGD. 2. Reverse Osmosis Water Treatment Plant No. 2 (ROWTP 2) is located at 21133 US Highway 19 North. The sources of water supply for ROWTP 2 is raw water from Upper Zone A and Lower Zone A of the Floridan aquifer wells. ROWTP 2 includes a pretreatment process train, reverse osmosis and ozone processes, two 5 MG finished water storage tanks and a high service pumping station. The city maintains an interconnect with Pinellas County in case of emergency conditions. ROWTP 2 has a rated capacity of 6.25 MGD. 3. Water Treatment Plant No. 3 (WTP 3) is located at 2775 State Road 580, just east of Countryside Boulevard. The sources of water supply for this WTP are raw water from city groundwater wells and finished water from a Pinellas County Interconnect. This facility has minimal chemical treatment capabilities (stabilization and disinfection), aeration, two 5 million gallon finished water storage reservoirs and a high service pump station. WTP 3 typically blends about 20% groundwater with approximately 80% water from the Pinellas County interconnect. WTP 3 has a rated capacity of 9.94 MGD. Improvements to WTP 3 include the addition of pretreatment and reverse osmosis to the facility. The total rated capacity of the city’s water treatment plants is 20.69 MGD. 1.1.3 Interlocal Agreements The city has had interlocal agreements with neighboring water suppliers for over 50 years. The primary source of water used to supplement city water is supplied by Pinellas County. The most recent Clearwater/Pinellas County interlocal agreement was executed in 2004 and expires in 2039. The city also has an agreement with the City of St. Petersburg to utilize an emergency interconnect on State Road 60, east of U.S. Highway 19. The exchange of water through this emergency interconnect has not occurred. Up until 2008, the city traditionally utilized upwards of 70% of the potable water demands through interconnects with the Pinellas County water system. However, the recent expansion and rehabilitation of the wellfields and expansion of the city’s water treatment capacity, combined with reuse offsets, conservation, and slight reductions in population show that the city has decreased potable water purchases from Pinellas County. Most recently, the city has reduced the dependence on outside interconnects to 40% through September 2015. Table 1-1 displays a summary of the historical water usage from well field production and purchased water. With the expansion of the city’s RO Plants program (i.e. ROWTP 1 Expansion and new ROWTP 2), the city will supply 10 MGD from city water supply and treatment facilities. Additionally, future improvements to WTP 3 will enable the city to supply the balance of their potable water demands and approach 0% purchased water under normal operating conditions. City of Clearwater 10-Year Water Supply Facilities Work Plan 3 October 2017 Table 1-1. Historical Water Usage from Wellfield Production and Purchased Water Year Wellfield Production (MGD) Purchased Water (MGD) Total Water Usage (MGD) Percent of Total Water Purchased 1991 2.87 11.17 14.04 80% 1992 2.33 12.86 15.19 85% 1993 2.68 11.93 14.61 82% 1994 3.79 10.44 14.23 73% 1995 3.79 10.50 14.29 73% 1996 2.93 11.37 14.30 80% 1997 3.44 10.97 14.41 76% 1998 3.14 11.54 14.68 79% 1999 3.07 11.82 14.89 79% 2000 3.05 11.53 14.58 79% 2001 3.07 11.23 14.30 79% 2002 2.27 11.50 13.77 84% 2003 3.85 8.75 12.60 69% 2004 3.62 8.75 12.37 71% 2005 3.57 8.92 12.49 71% 2006 4.17 9.80 13.97 70% 2007 3.49 9.17 12.65 72% 2008 3.07 9.08 12.15 75% 2009 3.71 7.78 11.49 68% 2010 4.15 7.00 11.15 63% 2011 4.95 6.37 11.32 55% 2012 5.93 5.01 10.94 46% 2013 5.41 5.56 10.96 51% 2014 5.13 6.86 11.98 57% 2015* 7.56 5.05 12.61 40% From 2015 Clearwater Annual Water Report *Through September 2015 City of Clearwater 10-Year Water Supply Facilities Work Plan 4 October 2017 2.0 POPULATION AND WATER DEMAND PROJECTIONS 2.1 INTRODUCTION The city has historically relied upon the Pinellas County Planning Department (PCPD) population projections, incorporated with their typical per capita usage to project future water demands. In recent years, an economic downturn has resulted in a population decline in the Clearwater service area, which has in effect reduced demands over the last several years. Based on this information, the city investigated several data sources in order to update their 10-Year Water Supply Facilities Work Plan for the period 2016 to 2026. The following is a brief discussion of available population data and the impacts these projections have on projected potable water demands. 2.1.1 Service Area The Clearwater water service area incorporates several unincorporated areas in addition to the defined city limits. The service area map is depicted in Figure 2-1. This service area map includes locations of the production and monitoring wells, raw water mains, treatment plants, storage tanks, and interconnects. 2.1.2 Per Capita Usage In summarizing the per capita usages from several reports, the following numbers were used: 2015 Annual Water Report: 76 gallons per capita per day (gpcpd) 2008 Facilities Master Plan Update 90.5 gpcpd SWFWMD Community Planning Pages 89 gpcpd These numbers show a relatively consistent usage rate which is valid for water projections. In addition to these historical figures, the city is to maintain a water consumption rate of 120 gallons per capita per day or less at a pressure of 40-45 psi according to city Level of Service Standards (city of Clearwater Comprehensive Plan) and the city’s WUP. 2.1.3 Population Projections Data Sources The following data sources were investigated to develop the population projections: 1. Southwest Florida Water Management District (SWFWMD) 2015 Regional Water Supply Plan and the SWFWMD Community Planning Pages website. 2. The University of Florida’s Bureau of Economic and Business Research (BEBR) historical population estimates and BEBR Bulletin No. 174 – “Projections of Florida Population by County, 2020–2045, with Estimates for 2015”. 3. Pinellas County Planning Department (PCPD) “permanent”, “tourist”, and “seasonal” population projections based on Traffic Analysis Zones (TAZ), as used to develop the city’s 2004 and 2008 population projections. 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Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK 12/20/2016 Map Gen By: Date: Production Well Monitor Well Raw Water Line WTP #1/RO Plant WTP #2 & #3 1mil Elev Tank 5mil Gnd Tank Service Area County Enclave !O dR 3Q 3Q KJ KJ Document Path: V:\GIS\Engineering\Location Maps\2016FacilitiesMap.mxd City of Clearwater 10-Year Water Supply Facilities Work Plan 6 October 2017 The PCPD data incorporates projections for localized traffic zones in Pinellas County which can be used to project a fairly accurate representation of the effective (commuter, resident, and tourist) population in the greater Clearwater water service area. The BEBR estimates are primarily focused on projections for Pinellas County as a whole. The SWFWMD publishes population projections for the greater Clearwater area. Recent Trends In general, the city is “built out” and has experienced slow and steady growth over the last 20 years, with typical population increases of less than 1% per year during that period. However, the challenging economic conditions that were fully realized in late 2008 have produced increased vacancies in the city. Also during this period, a net population decline has been realized. BEBR has projected that Pinellas County lost approximately 16,000 residents between the peak population in 2005 and the end of 2010. The most recent population estimations for 2015 show a net increase of approximately 28,400 residents in Pinellas County and a net increase of approximately 3,000 residents in the city (BEBR). These projections coupled with a decline by approximately 7% in the Pinellas County unemployment rate from January 2010 to present indicate that there has been some economic recovery in the Clearwater area. Population Projections SWFWMD Population Projections The SWFWMD has published population projections for the greater Clearwater area on their website. The projections are summarized in Table 2-1. In general, the projections show a slightly increasing population. Most of the service area population currently resides inside city limits (approximately 115,000 people), with an additional approximately 17,700 people residing in unincorporated areas. The net growth rate in these projections is approximately 0.01% to 0.02% per year for the 10 year planning window. City of Clearwater 10-Year Water Supply Facilities Work Plan 7 October 2017 Table 2-1 - SWFWMD Population Projections Year Population in City Limits Population in Unincorp. Areas Total Population 2015 115,457 17,723 133,180 2016 115,476 17,728 133,204 2017 115,495 17,734 133,228 2018 115,513 17,739 133,253 2019 115,532 17,745 133,277 2020 115,551 17,750 133,301 2021 115,564 17,754 133,318 2022 115,576 17,759 133,335 2023 115,589 17,763 133,352 2024 115,601 17,768 133,369 2025 115,614 17,772 133,386 2026 115,623 17,776 133,399 2027 115,633 17,780 133,413 2028 115,642 17,784 133,426 2029 115,652 17,788 133,440 2030 115,661 17,792 133,453 2031 115,666 17,795 133,462 2032 115,671 17,799 133,470 2033 115,677 17,802 133,479 2034 115,682 17,806 133,487 2035 115,687 17,809 133,496 Projections reported in 5 year increments. Data was linearly interpolated for years not specified. PCPD Estimates for Greater Clearwater Area Because the city’s water service agreement with Pinellas County also includes areas that are unincorporated, the service population more closely matches the area outlined in Figure 2-1. Based on this information, population projections for TAZs that are incorporated in the city’s water service area were extracted from the data set. For TAZs that are not entirely serviced by the city, adjustments were made to the data to exclude the approximate number of residents that are not served. The results of this effort are summarized herein. Pinellas County’s population estimates for the “Greater Clearwater Area” as shown in Table 2-2 are extrapolated to be 137,969 for permanent population in the current year of 2016. Furthermore, these TAZ projections also incorporate seasonal and tourist population projections, which are estimated to be 12,262 and 15,465 in 2016. Seasonal residents are defined as residing in the city for less than 6-months, while tourists are generally classified as short term visitors that typically stay in the area for less than 1 month. The functional water service population is defined by the Water Use Caution Area (WUCA) rules and makes adjustments for seasonal residents and tourists in the city. The total functional population is City of Clearwater 10-Year Water Supply Facilities Work Plan 8 October 2017 calculated for 2016 as 149,789 based on the WUCA equation. Table 2-2 shows the projected service area annual functional populations based on interpolation of the PCPD projection data. When comparing PCPD projections (Updated October 2009) for 2015-2035 to the SWFWMD projections, the PCPD projections have a much higher growth outlook, with a net population increase of approximately 0.4-0.7% per year expected in the Clearwater service area. Table 2-2. PCPD Projections Year Permanent Population Seasonal Population Tourist Population Functional Population 2015 136,899 12,204 15,440 148,687 2016 137,969 12,262 15,465 149,789 2017 139,038 12,320 15,490 150,890 2018 140,108 12,378 15,515 151,991 2019 141,177 12,436 15,541 153,093 2020 142,247 12,494 15,566 154,194 2021 143,299 12,543 15,585 155,273 2022 144,351 12,592 15,605 156,351 2023 145,403 12,641 15,625 157,429 2024 146,455 12,689 15,644 158,507 2025 147,508 12,738 15,664 159,586 2026 148,182 12,779 15,681 160,283 2027 148,857 12,820 15,699 160,980 2028 149,532 12,861 15,716 161,677 2029 150,207 12,902 15,733 162,374 2030 150,882 12,943 15,751 163,071 2031 151,541 12,976 15,766 163,749 2032 152,200 13,010 15,780 164,426 2033 152,859 13,043 15,795 165,104 2034 153,518 13,076 15,810 165,781 2035 154,177 13,109 15,825 166,459 Projections reported in 5 year increments, Data was linearly interpolated for years not specified. Functional population as defined by the WUCA is: [(permanent + seasonal) x 4] + [permanent x 8] + Tourist 12 2 City of Clearwater 10-Year Water Supply Facilities Work Plan 9 October 2017 BEBR Estimates for Pinellas County In analyzing the most recent Pinellas County population projections from BEBR (Bulletin 174, January 2016), and estimating the service area population at 12.2% of the county’s population, the low, medium (most likely prediction), and high population estimates of the next 30 years shows great disparity. This data is summarized in Table 2-3. Table 2-3. Summary of BEBR Projections for Pinellas County Population City of Clearwater Estimated Projection Year 2015 2020 2025 2030 2035 Low 115,286 112,472 110,593 108,812 106,726 Medium 115,286 116,693 117,986 118,645 119,035 High 115,286 121,219 125,440 129,210 132,663 Based on Population projections of Pinellas County, and estimating 12.2% of Pinellas County population is within Clearwater Service Area (% taken from SWFWMD Planning Pages) These projections show a net population increase ranging from 0.07% to 0.2% per year is projected for Pinellas County and the city of Clearwater for the foreseeable future based on the medium projection, with the potential for population decline based on the low projection. Projections Summary In summary, the population projections vary between the PCPD (growth), SWFWMD (minimal growth/stagnant), and BEBR medium projection (slight increase). Figure 2-2 presents a summary of the population projections detailed above. City of Clearwater 10-Year Water Supply Facilities Work Plan 10 October 2017 Figure 2-2. Population Projections Summary Graph Based on the presented population projections, population growth is expected over the 10-year planning period. The more recent population projection data is from the SWFWMD planning pages and the BEBR projections and it is suggested that these projections be utilized for planning for population growth. 2.2 WATER CONSUMPTION ESTIMATES Updated projected water demands were calculated by applying the growth rates found by the SWFWMD projection approach to the current water usage of 12.61 MGD. The updated water demand projections are presented in Table 2-4 below. Based on these water demand projections, the WUP authorized annual average withdrawal of 14.3 MGD and peak month withdrawal of 15.82 MGD, the 20.69 rated capacity of the city’s water treatment plants, the emergency Pinellas County potable water interconnect at ROWTP 2, the Pinellas County potable water interconnect at WTP 3, the city has adequate water supply and potable water capacity for the ten-year planning horizon. City of Clearwater 10-Year Water Supply Facilities Work Plan 11 October 2017 Table 2-4. Potential Demand Scenarios Based on Functional Population Projections Year SWFWMD Functional Population Growth Rate (%) Updated Projected Water Demands (MGD) 2015 133,180 -- 12.61 2016 133,204 0.02% 12.61 2017 133,228 0.02% 12.61 2018 133,253 0.02% 12.62 2019 133,277 0.02% 12.62 2020 133,301 0.02% 12.62 2021 133,318 0.01% 12.62 2022 133,335 0.01% 12.62 2023 133,352 0.01% 12.63 2024 133,369 0.01% 12.63 2025 133,386 0.01% 12.63 2026 133,399 0.01% 12.63 2027 133,413 0.01% 12.63 2028 133,426 0.01% 12.63 2029 133,440 0.01% 12.63 2030 133,453 0.01% 12.64 2031 133,462 0.01% 12.64 2032 133,470 0.01% 12.64 2033 133,479 0.01% 12.64 2034 133,487 0.01% 12.64 2035 133,496 0.01% 12.64 SWFWMD Projections reported in 5 year increments. Data was linearly interpolated for years not specified. City of Clearwater 10-Year Water Supply Facilities Work Plan 12 October 2017 3.0 POTABLE WATER SUPPLY PROJECTS UPDATE In the 2004 Water Master Plan, the city of Clearwater established a water supply goal of 70% self- reliance on local sources and 30% reliance on the regional system by 2014. The 2008 Potable Water Supply Facilities Master Plan Update described the city's objectives and detailed plans to achieve this goal and was submitted to the SWFWMD in October 2008. The current status of the city’s potable water supply projects is described below. 3.1.1 Wellfield Expansion for ROWTP 1 and WTP 3 The groundwater from the wellfields for ROWTP 1 and WTP 3 have intermittently experienced higher level of chlorides, sulfates, and/or total dissolved solids (TDS) over the past years. Wells with groundwater exhibiting higher levels of chlorides, sulfates, and/or TDS have been rested until the water quality improved. Recognizing that the variations in water quality were not causing violations in the city’s finished water after blending, the city requested and subsequently received approval from the SWFWMD to modify the WUP and change routine monitoring from the production wells to monitoring wells. In addition, the city requested in the WUP application that the wellfields providing groundwater to ROWTP 1 and WTP 3 be expanded. The wellfield expansion was reviewed and permitted by both the SWFWMD and the Florida Department of Environmental Protection (FDEP). The Wellfield Expansion Project for ROWTP 1 and WTP 3 added ten new production wells, four relocated wells and three rehabilitated wells (No. 23, No. 68, & No. 69) to the wellfields. Wells construction and rehabilitation was completed in 2011. In conjunction with the Wellfield Expansion Project, construction of raw water pipelines connecting the new wells to the existing raw water system was completed in January 2011. 3.1.2 ROWTP 1 Expansion The ROWTP 1 capacity was 3.0 MGD prior to the expansion, which was provided by blending 1.0 MGD of media filtered blend water with 2.0 MGD of RO permeate produced from two (2) 1.0 MGD treatment units (skids). In the 2004 Master Plan, the facility was proposed to be expanded to 4.5 MGD by adding an additional 1.0 MGD membrane treatment skid to blend with an additional 0.5 MGD of media filtered blended water. During design of the plant expansion, the city determined to change out the existing membranes with newer high flux membranes to achieve the desired treatment capacity of 3.0 MGD through the RO process with the two existing skids. In addition, this expansion also entailed the demolition of the existing 5 MG storage tank, and the construction of two (2) new 3 MG storage tanks. A Backwash Recycle System was also installed to allow for the reclamation of Dual Media Filter and Arsenic Adsorber Backwash. The final design was developed in 2012. Construction of the ROWTP 1 Expansion began in early 2013 and was completed in 2014. The expansion of ROWTP 1 included construction of a new RO concentrate discharge pipeline from ROWTP 1 to the ROWTP 2 site. The RO concentrate from ROWTP 1 blends with the ROWTP 2 raw water from the groundwater wells, providing source water supply for ROWTP 2. Both ROWTP 1 concentrate and ROWTP 2 concentrate discharge to the deep injection well at ROWTP 2. 3.1.3 ROWTP 2 ROWTP 2 has a 6.25 MGD treatment capacity, providing approximately 5.0 MGD of finished water to the city’s potable water system on an annual average daily basis. The source of raw water supply for RO Plant No. 2 is both groundwater from Upper Zone A and brackish groundwater from Lower Zone A of the City of Clearwater 10-Year Water Supply Facilities Work Plan 13 October 2017 Floridan Aquifer. Twelve new wellfield production sites throughout the city provide the brackish groundwater from Lower Zone A. ROWTP 2 began potable water production in 2015. 3.1.4 Offset of Water Demands through Expansion of Reuse System The city has historically provided reclaimed service primarily in the west, southeast, and northeast corridors. Reclaimed water is provided to these areas by the city’s Marshall Street, Northeast, and East Water Reclamation Facilities. The most recent reclaimed water system expansion projects includes the Skycrest, Glen Oaks and Clearwater Harbor projects. The city supplies over 4.5 MGD of reclaimed water on an average day. The city constructed reclaimed water projects with the help of cooperative funding agreements from the SWFWMD. Future expansion of the city’s reclaimed water system will be resident initiated projects. The city will continue to provide rebates to residents that properly abandon an irrigation well to connect to the city’s reclaimed water system. Table 3-1 lists the areas that have reclaimed water service and Figure 3-1 illustrates the city’s existing reclaimed water distribution system. Table 3-1. Areas Served by Reclaimed Water Service Area Year of Activation Island Estates 1999 North Clearwater Beach 2001 South Clearwater Beach 2001 NE WRF Storage and Pumping Facility 2002 North Greenwood 2003 Harbor Oaks 2004 Sunset/Seville 2006 Drew/Union 2007 Del Oro Groves 2007 Morningside 2011 Coachman Ridge/Lake Chautauqua 2011 Skycrest 2012 Glen Oaks /Palmetto 2012 Clearwater Harbor 2013 WAYAVBURNHAM LN CASCADE CT TERRMAC LEODDR S PAULA DR DELDRRIO ROY CHRISTOPHER SALVADOR RD LN REGINA WOOD GULFMAGNOLIA JACARANDA ST HOLLY DOGWOOD DEXTER Marina Plaza FLORIDA EdgewaterTerrValenciaDr SCOTLAND ROANOKE NORFOLK RICHMONDGROVE LIME CIR CIR SORANGEWOOD ST Garden ParkCirN GROVEGarde nPark CITRUSAVCIR CirCirS NSCir AV N ALBERT ABERDEEN ST LOCKLIE PRESIDENT BROADWAYChase Dr ST ST AVHIGHLANDST ST JAMES ST BELTREES ST PLAZA LEXINGTONHELENLYNDHURST LOCKLIEAVCHICAGO HIGHLANDAVST DR COLONIALLOUDENAVST WILKIE JACKSONPASADENAJOSE San Juan HARRIS Palmetto SKINNER GRANT HIGHLAND PERSHING HANCOCK JACKSON VICTORIAMONROE Washington TILDENDRLEE STSTStHUNTLEY DOUGLASAVMann ST ST ST Cedar WILSON SPRINGSANTA BARBARAST ROWENA SAN SPAULDINGMELISSA FRANCES HOWELL GRANTSTHOWARDAVCTAV PARKMilwaukeeST MilwaukeeBLVD BAY LAURA OAK STFREDERICASANTAN Hibiscus S HibiscusALAMO SAN LNPALOMADR ANNADOUGLAS AVSANLNDR RDSANSANCHARLESSANMATEODRDRDR VIST A D R BU E N A DRVISTACERVERABUENA RD MI R A HARBORVIEWGARYCIRNEW JERS E YEDYTHE BLVD PALM BLV D DR D R DRVI S T A MICHIGAN SHORELAGOONDRCEDARMCMULLENWBAYWOODDR DRBAYWOODDRWINDS DRNICHOLA S D RCarolynDrDR S BAYWOOD TRADECORONADOSUEMAR PATRICIASAN CHRISTOPHER SALVADOR FRIAR RD LAKE LAKEWOOD PARKWOOD LYNDHURST GROVEWOOD HILLWOOD KNOLLWOOD WOOD SCOTSDALE LEXINGTON ARNONIMANOR LYNDHURST ST ST DR DRDIANEYORKNEWDRLIVEOAKWISTERIASocrates ST ATHENS CTORANGEST TANGERINE2NDAVACROPOLISYORKNEWJAMES AVEAVWILKIE JAMES DRJENNIFEROAKWOODST S MANOR DR 3RDMARJONJAMESVINE AVMANOR DRWESTST AVST JOAN MARJONLimewoodWILLOW DarbyThistleOAKWOODAvST MARY DRTERRACE RD ST ANNE DR RICHLANDAVST PLAZA MEASEAVST STBLVD BASSDAVISORANGEGROVE MOORE NEWAVYORKST DRPARKDR DRDR S RD LNSANROY SANHELENRDDRCTLAKESIDEDRDR BLVDLAKESIDEBASS AVCARDINALAVEDRAVEN. 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Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK 12/20/2016 Map Gen By: Date: Document Path: V:\GIS\Engineering\Location Maps\2016ReclaimedMap.mxd Reclaimed Water Line Service Area County Enclave City of Clearwater 10-Year Water Supply Facilities Work Plan 15 October 2017 3.1.5 Groundwater Replenishment Project The purpose of the Groundwater Replenishment Project is to recharge purified reclaimed water to the Upper Floridan aquifer as part of an indirect potable reuse project. This has many benefits, such as maximizing the beneficial use of the city’s reclaimed water supply and improve the hydrogeologic conditions of the Upper Floridan aquifer through recharge while simultaneously reducing the discharge of excess reclaimed water to surface water. The project will also enhance groundwater resources by providing a potential salinity barrier that can offset current and future withdrawals from the city’s wellfields. The project includes an Advanced Water Purification Plant (AWPP), four recharge wells, a deep injection well for RO concentrate disposal and associated pipelines. Since the 2008 Master Plan update, the city evaluated the feasibility of the preliminary treatment processes to purify reclaimed water to meet or be better than drinking water standards and the feasibility of the aquifer recharge system to recharge the Upper Floridan aquifer with up to 3 MGD of purified reclaimed water. Additionally, the city designed and operated a one-year advanced water purification pilot system from June 2013 to June 2014 and tested hydrogeologic conditions of the Upper Floridan aquifer. The advanced water purification treatment process includes ultrafiltration filtration (UF), reverse osmosis (RO), an advanced oxidation process (AOP) with hydrogen peroxide and UV, and stabilization and deoxygenation of the water with membrane contactors to minimize metals mobilization in the aquifer. The full-scale 3 MGD project is in design. Construction of the recharge wells and deep injection well is scheduled to begin in summer 2017 and construction of the AWPP is scheduled to begin in early 2018. 3.1.6 Water Conservation Measures The city has participated in various water conservation initiatives and programs, ultimately conserving approximately 1.31 MGD of potable water. Water conservation initiatives include enforcement of irrigation restrictions and plumbing upgrades. Water conservation programs utilized by the city include landscape and irrigation evaluations, rain sensor rebates, pre-rinse spray valves, industrial, commercial, and institutional (ICI) facility assessments, and large landscape surveys. Additionally, the city provides funding for water conservation educational materials for 5th grade students. The city has been providing reclaimed water to residential customers, large outdoor users (including golf courses and city parks), and industrial customers for more than a decade. The city continues to target ICI facilities for potential reclaimed water use through ICI Facility Assessments. 25 ICI Facility Assessments were conducted by the city and reported in the 2010 Regional Water Supply Plan (SWFWMD). Element F of the city’s Comprehensive Plan outlies the city’s development of the reclaimed water program. The city is committed to implementing their Comprehensive Plan and continued participation in water conservation programs in the future. City of Clearwater 10-Year Water Supply Facilities Work Plan 16 October 2017 4.0 CONCEPTUAL COST ESTIMATES FOR CAPITAL IMPROVEMENTS The two major water facilities capital improvement projects the city anticipates within the next 10 years are treatment improvements at WTP 3 and the Groundwater Replenishment Project. Based on review of the water quality of the groundwater supplied by the Water Plant No. 3 wellfield, advanced treatment of the groundwater is needed to address the increasing levels of constituents such as arsenic and total dissolved solids (TDS). The estimated costs associated with improvements to WTP 3 and the Groundwater Replenishment Project are outlined in Table 4-1 below. Table 4-1. Potable Water Supply Facilities Capital Improvement Program (2016 – 2026) Project Estimated Cost WTP 3 Improvements (pretreatment and RO addition) $8.15M (CIP Budgeted) Groundwater Replenishment Project $16.35M* Total $24.5M *City’s portion of the project (50%). SWFWMD cooperative funding (50%) City of Clearwater 10-Year Water Supply Facilities Work Plan 17 October 2017 5.0 WATER PRODUCTION COSTS UPDATE Burton and Associates, financial consultants to the city, has recently performed water production financial analyses for the city. These analyses projected the city’s total water production costs per unit water produced for Fiscal Year (FY) 2016, which included capital, operation and maintenance (O&M), debt service, and renewal and replacement (R&R) costs of all existing and proposed water treatment plant facilities. The cost per unit water produced was then compared to the projected cost of purchasing water from Pinellas County. These costs were used as a baseline to update the water production costs for the planning FY 2022. Pinellas County’s adopted wholesale rates are as follows as shown in Table 5-1: Table 5-1. Adopted Pinellas County Wholesale Rates (cost/1000 gallons) Fiscal Year Pinellas County Wholesale Rate FY 2012 $3.43 FY 2013 $3.56 FY 2014 $3.71 FY 2015 $3.86 FY 2016 $3.92 FY 2017 $3.99 FY 2018 $4.06 FY 2019 $4.13 The city’s operating and annualized capital costs for FY 2016 are shown below in Table 5-2: Table 5-2. City of Clearwater Operating and Annualized Capital Costs (cost/1000 gallons) Description Cost Operating Cost $1.04 Annualized Capital Cost $2.02 Total Cost (Operating and Capital) $3.06 18 October 2017 6.0 SUMMARY The city of Clearwater is committed to providing high quality potable water to its residents in cost efficient ways. The plans to improve the city’s water supply facilities from 2016 to 2026 are anticipated as follows: 1. Develop the necessary planning and design for the WTP 3 improvements. 2. Continue to expand the reuse distribution system to serve more customers and increase the offset of potable water for irrigation purposes. 3. Continue the Groundwater Replenishment Project and begin construction of wells in 2017 and Advanced Water Purification Plant construction in 2018. These measures of expanding the city’s water supply facilities from 2016 through 2026 provide a cost effective and reliable water supply and treatment system for the city’s residents. Prepared for: City of Clearwater Prepared by: Tetra Tech, Inc. 10‐Year Water Supply Facilities Work Plan (2016‐2026 Planning Period) June October 2017 City of Clearwater 10-Year Water Supply Facilities Work Plan (2016-2026 Planning Period) #200-41125-17001 June 30October 13, 2017 PRESENTED TO PRESENTED BY City of Clearwater 100 S. Myrtle Ave., #220 Clearwater, FL 33758-4748 Tetra Tech, Inc. 5201 W. Kennedy Blvd. #620 Tampa, FL 33609 P +1-812-579-5107 F +1-813-682-2298 tetratech.com Prepared by: Emilie Moore, PE, PMP, ENV SP Date Shannon Leicht, EI Date City of Clearwater 10-Year Water Supply Facilities Work Plan i JuneOctober 2017 EXECUTIVE SUMMARY The city of Clearwater (city) is an incorporated municipality in Pinellas County, located on the central west coast of Florida between the Gulf of Mexico and Tampa Bay. The city currently serves as a Public Water Supplier, providing on average over 11 million gallons per day (MGD) of water to the city and unincorporated areas within its water service area. The city provides over 60% of the supply and treatment capacity to serve the entire service area with city owned facilities. The city has had longstanding interlocal agreements with Pinellas County to purchase potable water to make up the differential. In the city’s 2004 Water Master Plan, plans were laid out for the city to increase water production by rehabilitating and expanding existing facilities and constructing new membrane treatment plants to reduce the city’s dependency on water from outside sources and ultimately produce potable water at a cost per unit volume that is less than future years’ purchase price from Pinellas County. The city has also implemented new reclaimed water service to many existing customers to offset the potable water demand used for irrigation purposes. Additionally, the city is proceeding with groundwater replenishment, a potable reuse program to recharge the aquifer with purified reclaimed water. To forecast future potable water demand within the city’s service area, population projections for the time period of 2016 through 2026 were evaluated. The city’s 2008 and 2012 Potable Water Supply Facilities Updates utilized population projection data from the Pinellas County Planning Department (PCPD). Updated PCPD data and population projection data from the Southwest Florida Water Management District (SWFWMD) and the University of Florida’s Bureau of Economic and Business Research (BEBR) were utilized to project the city’s service area population through 2026. The population projections vary between the PCPD (growth), SWFWMD (minimal growth/stagnant), and BEBR (slight growth). Based on the presented population projections, it seems reasonable to expect that some population growth could occur over the 10-year planning period and that the SWFWMD projections show a reasonable population increase that is in line with historical growth rates. It is recommended that the city monitor water usage in their service area over the next few years to verify if the service area population is likely increasing as projected. For the 10-year planning period (2016 through 2026), it is expected that the average daily demand (ADD) of potable water within the city’s service area will be no more than 13 million gallons per day (MGD). City projects that were completed since the 2012 Potable Water Supply Facilities Master Plan Update include: 1. Wellfield Expansion Program: a. Wellfield Expansion for Reverse Osmosis Water Treatment Plant No. 1 (ROWTP 1) b. Wellfield Expansion for ROWTP No. 2 (ROWTP 2) c. Wellfield Expansion for Water Treatment Plant No. 3 (WTP 3) 2. ROWTP 1 Expansion 3. New ROWTP 2 Future city water facilities include: 1. WTP 3 Improvements - Includes addition of RO treatment (City budget: $8.15M) 2. Groundwater Replenishment Project (potable reuse) – Construction for recharge wells scheduled to begin in 2017; Construction of Advanced Water Purification Plant scheduled to begin in 2018. (Estimated city cost: $16.35M, cooperatively (50%) funded by the Southwest Florida Water Management District) City of Clearwater 10-Year Water Supply Facilities Work Plan ii JuneOctober 2017 The city has evaluated the cost of potable water production. The cost of production is based on the city’s costs to produce potable water from its water facilities and the cost to purchase potable water from Pinellas County that provides the balance of potable water supply in Clearwater. Pinellas County’s adopted wholesale rates are as follows as shown in Table ES-1: Table ES-1. Adopted Pinellas County Wholesale Rates (cost/1000 gallons) Fiscal Year Pinellas County Wholesale Rate FY 2012 $3.43 FY 2013 $3.56 FY 2014 $3.71 FY 2015 $3.86 FY 2016 $3.92 FY 2017 $3.99 FY 2018 $4.06 FY 2019 $4.13 The city’s operating and annualized capital costs for Fiscal Year (FY) 2016 are shown below in Table ES- 2: Table ES-2. City of Clearwater Operating and Annualized Capital Costs (cost/1000 gallons) Description Cost Operating Cost $1.04 Annualized Capital Cost $2.02 Total Cost (Operating and Capital) $3.06 The city of Clearwater is committed to providing high quality potable water to its residents in cost efficient ways. The measures of expanding the city’s potable water supply facilities from 2016 through 2026 as described in this document provide for cost effective and reliable water supply and treatment systems for the city’s potable water system customers. City of Clearwater 10-Year Water Supply Facilities Work Plan iii JuneOctober 2017 TABLE OF CONTENTS 1.0 Introduction ........................................................................................................................................ 1 1.1 Background ................................................................................................................................... 1 1.1.1 Wellfields/Water Sources ...................................................................................................... 1 1.1.2 Water Treatment Plants ........................................................................................................ 1 1.1.3 Interlocal Agreements ........................................................................................................... 2 2.0 Population and Water Demand Projections ...................................................................................... 4 2.1 Introduction .................................................................................................................................... 4 2.1.1 Service Area .......................................................................................................................... 4 2.1.2 Per Capita Usage .................................................................................................................. 4 2.1.3 Population Projections .......................................................................................................... 4 2.2 Water Consumption Estimates .................................................................................................... 10 3.0 Potable Water Supply Projects Update ........................................................................................... 12 3.1.1 Wellfield Expansion for ROWTP 1 and WTP 3 ................................................................... 12 3.1.2 ROWTP 1 Expansion .......................................................................................................... 12 3.1.3 ROWTP 2 ............................................................................................................................ 12 3.1.4 Offset of Water Demands through Expansion of Reuse System ........................................ 13 3.1.5 Groundwater Replenishment Project .................................................................................. 15 3.1.6 Water Conservation Measures ............................................................................................ 15 4.0 Conceptual Cost Estimates for Capital Improvements ................................................................... 16 5.0 Water Production Costs Update ...................................................................................................... 17 6.0 Summary ......................................................................................................................................... 18 City of Clearwater Draft 10-Year Water Supply Facilities Work Plan 1 JuneOctober 2017 1.0 INTRODUCTION 1.1 BACKGROUND The city of Clearwater (city) is an incorporated municipality in Pinellas County, located on the central west coast of Florida between the Gulf of Mexico and Tampa Bay. The city currently serves as a Public Water Supplier, providing on average over 11 million gallons per day of water to the city and unincorporated areas. The city provides over 60% of the supply and treatment capacity to serve the entire service area with city owned treatment facilities. The city has had longstanding interlocal agreements with Pinellas County to purchase potable water to make up the differential. In the city’s 2004 Water Master Plan, plans were laid out for the city to increase water production by rehabilitating and expanding existing facilities and construct new membrane treatment plants to reduce the city’s dependency on water from outside sources and ultimately produce potable water at a cost per unit volume that is less than future years’ purchase price from Pinellas County. The city has also implemented new reclaimed water service to many existing customers to offset the potable water demand used for irrigation purposes. The city is proceeding with groundwater replenishment, a potable reuse program to recharge the aquifer with purified reclaimed water. This document is intended to update the progress of these projects, update the projected population and demands for the city’s service area, and to summarize projected water production costs for the next 10 year period (2016-2026). 1.1.1 Wellfields/Water Sources The city of Clearwater utilizes 44 raw water supply wells. Thirty-two of the wells are completed in upper Zone A of the Floridan aquifer to total depths up to approximately 250 feet below land surface (bls). Twelve wells (Wells 2-1 through 2-12) are completed in lower Zone A of the Floridan aquifer to depths ranging from approximately 250 to no more than 500 feet below land surface (bls). The wells and their associated water treatment plant (WTPs) are as follows:  ROWTP 1 Wells (16 wells) - 23, 31, 48, 51R, 65, 66, 73, 74, 75, 78, 80, 81, 1-1, 1-2, 1-3, 1-4  ROWTP 2 Wells (17 wells) – 45, 46, 51, 52, 53, 2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2- 11, and 2-12  WTP 3 Wells (11 wells) – 56, 58, 63, 68, 69R, 77, 79R, 3-1, 3-2, 3-4, and 3-5 The city holds a Water Use Permit (WUP) from the Southwest Florida Water Management District to withdraw groundwater from the Floridan aquifer. The city of Clearwater recently updated Water Use Permit (No. 20 00981.018). The WUP authorized an annual average withdrawal of 14.3 MGD and a peak month withdrawal of 15.82 MGD. The wellfields had an average withdrawal rate of 7.57 MGD between October 2014 and September 2015, with average withdrawal of 9.44 MGD for the months of June through September 2015. 1.1.2 Water Treatment Plants The city is authorized through the Florida Department of Environmental Protection (FDEP) as a community water supplier. The city has three water treatment facilities in operation. These facilities are summarized below: 1. Reverse Osmosis Water Treatment Plant No. 1 (ROWTP 1) – This facility is located at 1657 Palmetto just west of Saturn Drive. The source of raw water supply for ROWTP 1 is groundwater City of Clearwater 10-Year Water Supply Facilities Work Plan 2 JuneOctober 2017 from Upper Zone A of the Floridan aquifer. ROWTP 1 includes a pretreatment process train, reverse osmosis process skids, two 3 million gallon (MG) finished water storage tanks and a high service pumping station. ROWTP 1 has a rated capacity of 4.5 MGD. 2. Reverse Osmosis Water Treatment Plant No. 2 (ROWTP 2) is located at 21133 US Highway 19 North. The sources of water supply for ROWTP 2 is raw water from Upper Zone A and Lower Zone A of the Floridan aquifer wells. ROWTP 2 includes a pretreatment process train, reverse osmosis and ozone processes, two 5 MG finished water storage tanks and a high service pumping station. The city maintains an interconnect with Pinellas County in case of emergency conditions. ROWTP 2 has a rated capacity of 6.25 MGD. 3. Water Treatment Plant No. 3 (WTP 3) is located at 2775 State Road 580, just east of Countryside Boulevard. The sources of water supply for this WTP are raw water from city groundwater wells and finished water from a Pinellas County Interconnect. This facility has minimal chemical treatment capabilities (stabilization and disinfection), aeration, two 5 million gallon finished water storage reservoirs and a high service pump station. WTP 3 typically blends about 20% groundwater with approximately 80% water from the Pinellas County interconnect. WTP 3 has a rated capacity of 9.94 MGD. Improvements to WTP 3 include the addition of pretreatment and reverse osmosis to the facility. The total rated capacity of the city’s water treatment plants is 20.69 MGD. 1.1.3 Interlocal Agreements The city has had interlocal agreements with neighboring water suppliers for over 50 years. The primary source of water used to supplement city water is supplied by Pinellas County. The most recent Clearwater/Pinellas County interlocal agreement was executed in 2004 and expires in 2039. The city also has an agreement with the City of St. Petersburg to utilize an emergency interconnect on State Road 60, east of U.S. Highway 19. The exchange of water through this emergency interconnect has not occurred. Up until 2008, the city traditionally utilized upwards of 70% of the potable water demands through interconnects with the Pinellas County water system. However, the recent expansion and rehabilitation of the wellfields and expansion of the city’s water treatment capacity, combined with reuse offsets, conservation, and slight reductions in population show that the city has decreased potable water purchases from Pinellas County. Most recently, the city has reduced the dependence on outside interconnects to 40% through September 2015. Table 1-1 displays a summary of the historical water usage from well field production and purchased water. With the expansion of the city’s RO Plants program (i.e. ROWTP 1 Expansion and new ROWTP 2), the city will supply 10 MGD from city water supply and treatment facilities. Additionally, future improvements to WTP 3 will enable the city to supply the balance of their potable water demands and approach 0% purchased water under normal operating conditions. City of Clearwater 10-Year Water Supply Facilities Work Plan 3 JuneOctober 2017 Table 1-1. Historical Water Usage from Wellfield Production and Purchased Water Year Wellfield Production (MGD) Purchased Water (MGD) Total Water Usage (MGD) Percent of Total Water Purchased 1991 2.87 11.17 14.04 80% 1992 2.33 12.86 15.19 85% 1993 2.68 11.93 14.61 82% 1994 3.79 10.44 14.23 73% 1995 3.79 10.50 14.29 73% 1996 2.93 11.37 14.30 80% 1997 3.44 10.97 14.41 76% 1998 3.14 11.54 14.68 79% 1999 3.07 11.82 14.89 79% 2000 3.05 11.53 14.58 79% 2001 3.07 11.23 14.30 79% 2002 2.27 11.50 13.77 84% 2003 3.85 8.75 12.60 69% 2004 3.62 8.75 12.37 71% 2005 3.57 8.92 12.49 71% 2006 4.17 9.80 13.97 70% 2007 3.49 9.17 12.65 72% 2008 3.07 9.08 12.15 75% 2009 3.71 7.78 11.49 68% 2010 4.15 7.00 11.15 63% 2011 4.95 6.37 11.32 55% 2012 5.93 5.01 10.94 46% 2013 5.41 5.56 10.96 51% 2014 5.13 6.86 11.98 57% 2015* 7.56 5.05 12.61 40% From 2015 Clearwater Annual Water Report *Through September 2015 City of Clearwater 10-Year Water Supply Facilities Work Plan 4 JuneOctober 2017 2.0 POPULATION AND WATER DEMAND PROJECTIONS 2.1 INTRODUCTION The city has historically relied upon the Pinellas County Planning Department (PCPD) population projections, incorporated with their typical per capita usage to project future water demands. In recent years, an economic downturn has resulted in a population decline in the Clearwater service area, which has in effect reduced demands over the last several years. Based on this information, the city investigated several data sources in order to update their 10-Year Water Supply Facilities Work Plan for the period 2016 to 2026. The following is a brief discussion of available population data and the impacts these projections have on projected potable water demands. 2.1.1 Service Area The Clearwater water service area incorporates several unincorporated areas in addition to the defined city limits. The service area map is depicted in Figure 2-1. This service area map includes locations of the production and monitoring wells, raw water mains, treatment plants, storage tanks, and interconnects. 2.1.2 Per Capita Usage In summarizing the per capita usages from several reports, the following numbers were used: 2015 Annual Water Report: 76 gallons per capita per day (gpcpd) 2008 Facilities Master Plan Update 90.5 gpcpd SWFWMD Community Planning Pages 89 gpcpd These numbers show a relatively consistent usage rate which is valid for water projections. In addition to these historical figures, the city is to maintain a water consumption rate of 120 gallons per capita per day or less at a pressure of 40-45 psi according to city Level of Service Standards (city of Clearwater Comprehensive Plan) and the city’s WUP. 2.1.3 Population Projections Data Sources The following data sources were investigated to develop the population projections: 1. Southwest Florida Water Management District (SWFWMD) 2015 Regional Water Supply Plan and the SWFWMD Community Planning Pages website. 2. The University of Florida’s Bureau of Economic and Business Research (BEBR) historical population estimates and BEBR Bulletin No. 174 – “Projections of Florida Population by County, 2020–2045, with Estimates for 2015”. 3. Pinellas County Planning Department (PCPD) “permanent”, “tourist”, and “seasonal” population projections based on Traffic Analysis Zones (TAZ), as used to develop the city’s 2004 and 2008 population projections. 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Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK 12/20/2016 Map Gen By: Date: Production Well Monitor Well Raw Water Line WTP #1/RO Plant WTP #2 & #3 1mil Elev Tank 5mil Gnd Tank Service Area County Enclave !O dR 3Q 3Q KJ KJ Document Path: V:\GIS\Engineering\Location Maps\2016FacilitiesMap.mxd City of Clearwater 10-Year Water Supply Facilities Work Plan 6 JuneOctober 2017 The PCPD data incorporates projections for localized traffic zones in Pinellas County which can be used to project a fairly accurate representation of the effective (commuter, resident, and tourist) population in the greater Clearwater water service area. The BEBR estimates are primarily focused on projections for Pinellas County as a whole. The SWFWMD publishes population projections for the greater Clearwater area. Recent Trends In general, the city is “built out” and has experienced slow and steady growth over the last 20 years, with typical population increases of less than 1% per year during that period. However, the challenging economic conditions that were fully realized in late 2008 have produced increased vacancies in the city. Also during this period, a net population decline has been realized. BEBR has projected that Pinellas County lost approximately 16,000 residents between the peak population in 2005 and the end of 2010. The most recent population estimations for 2015 show a net increase of approximately 28,400 residents in Pinellas County and a net increase of approximately 3,000 residents in the city (BEBR). These projections coupled with a decline by approximately 7% in the Pinellas County unemployment rate from January 2010 to present indicate that there has been some economic recovery in the Clearwater area. Population Projections SWFWMD Population Projections The SWFWMD has published population projections for the greater Clearwater area on their website. The projections are summarized in Table 2-1. In general, the projections show a slightly increasing population. Most of the service area population currently resides inside city limits (approximately 115,000 people), with an additional approximately 17,700 people residing in unincorporated areas. The net growth rate in these projections is approximately 0.01% to 0.02% per year for the 10 year planning window. City of Clearwater 10-Year Water Supply Facilities Work Plan 7 JuneOctober 2017 Table 2-1 - SWFWMD Population Projections Projections reported in 5 year increments. Data was linearly interpolated for years not specified. PCPD Estimates for Greater Clearwater Area Because the city’s water service agreement with Pinellas County also includes areas that are unincorporated, the service population more closely matches the area outlined in Figure 2-1. Based on this information, population projections for TAZs that are incorporated in the city’s water service area were extracted from the data set. For TAZs that are not entirely serviced by the city, adjustments were made to the data to exclude the approximate number of residents that are not served. The results of this effort are summarized herein. Pinellas County’s population estimates for the “Greater Clearwater Area” as shown in Table 2-2 are extrapolated to be 137,969 for permanent population in the current year of 2016. Furthermore, these TAZ projections also incorporate seasonal and tourist population projections, which are estimated to be 12,262 and 15,465 in 2016. Seasonal residents are defined as residing in the city for less than 6-months, while tourists are generally classified as short term visitors that typically stay in the area for less than 1 month. The functional water service population is defined by the Water Use Caution Area (WUCA) rules and makes adjustments for seasonal residents and tourists in the city. The total functional population is Year Population in City Limits Population in Unincorp. Areas Total Population 2015 115,457 17,723 133,180 2016 115,476 17,728 133,204 2017 115,495 17,734 133,228 2018 115,513 17,739 133,253 2019 115,532 17,745 133,277 2020 115,551 17,750 133,301 2021 115,564 17,754 133,318 2022 115,576 17,759 133,335 2023 115,589 17,763 133,352 2024 115,601 17,768 133,369 2025 115,614 17,772 133,386 2026 115,623 17,776 133,399 2027 115,633 17,780 133,413 2028 115,642 17,784 133,426 2029 115,652 17,788 133,440 2030 115,661 17,792 133,453 2031 115,666 17,795 133,462 2032 115,671 17,799 133,470 2033 115,677 17,802 133,479 2034 115,682 17,806 133,487 2035 115,687 17,809 133,496 City of Clearwater 10-Year Water Supply Facilities Work Plan 8 JuneOctober 2017 calculated for 2016 as 149,789 based on the WUCA equation. Table 2-2 shows the projected service area annual functional populations based on interpolation of the PCPD projection data. When comparing PCPD projections (Updated October 2009) for 2015-2035 to the SWFWMD projections, the PCPD projections have a much higher growth outlook, with a net population increase of approximately 0.4-0.7% per year expected in the Clearwater service area. Table 2-2. PCPD Projections Year Permanent Population Seasonal Population Tourist Population Functional Population 2015 136,899 12,204 15,440 148,687 2016 137,969 12,262 15,465 149,789 2017 139,038 12,320 15,490 150,890 2018 140,108 12,378 15,515 151,991 2019 141,177 12,436 15,541 153,093 2020 142,247 12,494 15,566 154,194 2021 143,299 12,543 15,585 155,273 2022 144,351 12,592 15,605 156,351 2023 145,403 12,641 15,625 157,429 2024 146,455 12,689 15,644 158,507 2025 147,508 12,738 15,664 159,586 2026 148,182 12,779 15,681 160,283 2027 148,857 12,820 15,699 160,980 2028 149,532 12,861 15,716 161,677 2029 150,207 12,902 15,733 162,374 2030 150,882 12,943 15,751 163,071 2031 151,541 12,976 15,766 163,749 2032 152,200 13,010 15,780 164,426 2033 152,859 13,043 15,795 165,104 2034 153,518 13,076 15,810 165,781 2035 154,177 13,109 15,825 166,459 Projections reported in 5 year increments, Data was linearly interpolated for years not specified. Functional population as defined by the WUCA is: [(permanent + seasonal) x 4] + [permanent x 8] + Tourist 12 2 City of Clearwater 10-Year Water Supply Facilities Work Plan 9 JuneOctober 2017 BEBR Estimates for Pinellas County In analyzing the most recent Pinellas County population projections from BEBR (Bulletin 174, January 2016), and estimating the service area population at 12.2% of the county’s population, the low, medium (most likely prediction), and high population estimates of the next 30 years shows great disparity. This data is summarized in Table 2-3. Table 2-3. Summary of BEBR Projections for Pinellas County Population City of Clearwater Estimated Projection Year 2015 2020 2025 2030 2035 Low 115,286 112,472 110,593 108,812 106,726 Medium 115,286 116,693 117,986 118,645 119,035 High 115,286 121,219 125,440 129,210 132,663 Based on Population projections of Pinellas County, and estimating 12.2% of Pinellas County population is within Clearwater Service Area (% taken from SWFWMD Planning Pages) These projections show a net population increase ranging from 0.07% to 0.2% per year is projected for Pinellas County and the city of Clearwater for the foreseeable future based on the medium projection, with the potential for population decline based on the low projection. Projections Summary In summary, the population projections vary between the PCPD (growth), SWFWMD (minimal growth/stagnant), and BEBR medium projection (slight increase). Figure 2-2 presents a summary of the population projections detailed above. City of Clearwater 10-Year Water Supply Facilities Work Plan 10 JuneOctober 2017 Figure 2-2. Population Projections Summary Graph Based on the presented population projections, population growth is expected over the 10-year planning period. The more recent population projection data is from the SWFWMD planning pages and the BEBR projections and it is suggested that these projections be utilized for planning for population growth. 2.2 WATER CONSUMPTION ESTIMATES Updated projected water demands were calculated by applying the growth rates found by the SWFWMD projection approach to the current water usage of 12.61 MGD. The updated water demand projections are presented in Table 2-4 below. Based on these water demand projections, the WUP authorized annual average withdrawal of 14.3 MGD and peak month withdrawal of 15.82 MGD, the 20.69 rated capacity of the city’s water treatment plants, the emergency Pinellas County potable water interconnect at ROWTP 2, the Pinellas County potable water interconnect at WTP 3, the city has adequate water supply and potable water capacity for the ten-year planning horizon. City of Clearwater 10-Year Water Supply Facilities Work Plan 11 JuneOctober 2017 Table 2-4. Potential Demand Scenarios Based on Functional Population Projections Year SWFWMD Functional Population Growth Rate (%) Updated Projected Water Demands (MGD) 2015 133,180 -- 12.61 2016 133,204 0.02% 12.61 2017 133,228 0.02% 12.61 2018 133,253 0.02% 12.62 2019 133,277 0.02% 12.62 2020 133,301 0.02% 12.62 2021 133,318 0.01% 12.62 2022 133,335 0.01% 12.62 2023 133,352 0.01% 12.63 2024 133,369 0.01% 12.63 2025 133,386 0.01% 12.63 2026 133,399 0.01% 12.63 2027 133,413 0.01% 12.63 2028 133,426 0.01% 12.63 2029 133,440 0.01% 12.63 2030 133,453 0.01% 12.64 2031 133,462 0.01% 12.64 2032 133,470 0.01% 12.64 2033 133,479 0.01% 12.64 2034 133,487 0.01% 12.64 2035 133,496 0.01% 12.64 SWFWMD Projections reported in 5 year increments. Data was linearly interpolated for years not specified. City of Clearwater 10-Year Water Supply Facilities Work Plan 12 JuneOctober 2017 3.0 POTABLE WATER SUPPLY PROJECTS UPDATE In the 2004 Water Master Plan, the city of Clearwater established a water supply goal of 70% self- reliance on local sources and 30% reliance on the regional system by 2014. The 2008 Potable Water Supply Facilities Master Plan Update described the city's objectives and detailed plans to achieve this goal and was submitted to the SWFWMD in October 2008. The current status of the city’s potable water supply projects is described below. 3.1.1 Wellfield Expansion for ROWTP 1 and WTP 3 The groundwater from the wellfields for ROWTP 1 and WTP 3 have intermittently experienced higher level of chlorides, sulfates, and/or total dissolved solids (TDS) over the past years. Wells with groundwater exhibiting higher levels of chlorides, sulfates, and/or TDS have been rested until the water quality improved. Recognizing that the variations in water quality were not causing violations in the city’s finished water after blending, the city requested and subsequently received approval from the SWFWMD to modify the WUP and change routine monitoring from the production wells to monitoring wells. In addition, the city requested in the WUP application that the wellfields providing groundwater to ROWTP 1 and WTP 3 be expanded. The wellfield expansion was reviewed and permitted by both the SWFWMD and the Florida Department of Environmental Protection (FDEP). The Wellfield Expansion Project for ROWTP 1 and WTP 3 added ten new production wells, four relocated wells and three rehabilitated wells (No. 23, No. 68, & No. 69) to the wellfields. Wells construction and rehabilitation was completed in 2011. In conjunction with the Wellfield Expansion Project, construction of raw water pipelines connecting the new wells to the existing raw water system was completed in January 2011. 3.1.2 ROWTP 1 Expansion The ROWTP 1 capacity was 3.0 MGD prior to the expansion, which was provided by blending 1.0 MGD of media filtered blend water with 2.0 MGD of RO permeate produced from two (2) 1.0 MGD treatment units (skids). In the 2004 Master Plan, the facility was proposed to be expanded to 4.5 MGD by adding an additional 1.0 MGD membrane treatment skid to blend with an additional 0.5 MGD of media filtered blended water. During design of the plant expansion, the city determined to change out the existing membranes with newer high flux membranes to achieve the desired treatment capacity of 3.0 MGD through the RO process with the two existing skids. In addition, this expansion also entailed the demolition of the existing 5 MG storage tank, and the construction of two (2) new 3 MG storage tanks. A Backwash Recycle System was also installed to allow for the reclamation of Dual Media Filter and Arsenic Adsorber Backwash. The final design was developed in 2012. Construction of the ROWTP 1 Expansion began in early 2013 and was completed in 2014. The expansion of ROWTP 1 included construction of a new RO concentrate discharge pipeline from ROWTP 1 to the ROWTP 2 site. The RO concentrate from ROWTP 1 blends with the ROWTP 2 raw water from the groundwater wells, providing source water supply for ROWTP 2. Both ROWTP 1 concentrate and ROWTP 2 concentrate discharge to the deep injection well at ROWTP 2. 3.1.3 ROWTP 2 ROWTP 2 has a 6.25 MGD treatment capacity, providing approximately 5.0 MGD of finished water to the city’s potable water system on an annual average daily basis. The source of raw water supply for RO Plant No. 2 is both groundwater from Upper Zone A and brackish groundwater from Lower Zone A of the City of Clearwater 10-Year Water Supply Facilities Work Plan 13 JuneOctober 2017 Floridan Aquifer. Twelve new wellfield production sites throughout the city provide the brackish groundwater from Lower Zone A. ROWTP 2 began potable water production in 2015. 3.1.4 Offset of Water Demands through Expansion of Reuse System The city has historically provided reclaimed service primarily in the west, southeast, and northeast corridors. Reclaimed water is provided to these areas by the city’s Marshall Street, Northeast, and East Water Reclamation Facilities. The most recent reclaimed water system expansion projects includes the Skycrest, Glen Oaks and Clearwater Harbor projects. The city supplies over 4.5 MGD of reclaimed water on an average day. The city constructed reclaimed water projects with the help of cooperative funding agreements from the SWFWMD. Future expansion of the city’s reclaimed water system will be resident initiated projects. The city will continue to provide rebates to residents that properly abandon an irrigation well to connect to the city’s reclaimed water system. Table 3-1 lists the areas that have reclaimed water service and Figure 3-1 illustrates the city’s existing reclaimed water distribution system. Table 3-1. Areas Served by Reclaimed Water Service Area Year of Activation Island Estates 1999 North Clearwater Beach 2001 South Clearwater Beach 2001 NE WRF Storage and Pumping Facility 2002 North Greenwood 2003 Harbor Oaks 2004 Sunset/Seville 2006 Drew/Union 2007 Del Oro Groves 2007 Morningside 2011 Coachman Ridge/Lake Chautauqua 2011 Skycrest 2012 Glen Oaks /Palmetto 2012 Clearwater Harbor 2013 WAYAVBURNHAM LN CASCADE CT TERRMAC LEODDR S PAULA DR DELDRRIO ROY CHRISTOPHER SALVADOR RD LN REGINA WOOD GULFMAGNOLIA JACARANDA ST HOLLY DOGWOOD DEXTER Marina Plaza FLORIDA EdgewaterTerrValenciaDr SCOTLAND ROANOKE NORFOLK RICHMONDGROVE LIME CIR CIR SORANGEWOOD ST Garden ParkCirN GROVEGarde nPark CITRUSAVCIR CirCirS NSCir AV N ALBERT ABERDEEN ST LOCKLIE PRESIDENT BROADWAYChase Dr ST ST AVHIGHLANDST ST JAMES ST BELTREES ST PLAZA LEXINGTONHELENLYNDHURST LOCKLIEAVCHICAGO HIGHLANDAVST DR COLONIALLOUDENAVST WILKIE JACKSONPASADENAJOSE San Juan HARRIS Palmetto SKINNER GRANT HIGHLAND PERSHING HANCOCK JACKSON VICTORIAMONROE Washington TILDENDRLEE STSTStHUNTLEY DOUGLASAVMann ST ST ST Cedar WILSON SPRINGSANTA BARBARAST ROWENA SAN SPAULDINGMELISSA FRANCES HOWELL GRANTSTHOWARDAVCTAV PARKMilwaukeeST MilwaukeeBLVD BAY LAURA OAK STFREDERICASANTAN Hibiscus S HibiscusALAMO SAN LNPALOMADR ANNADOUGLAS AVSANLNDR RDSANSANCHARLESSANMATEODRDRDR VIST A D R BU E N A DRVISTACERVERABUENA RD MI R A HARBORVIEWGARYCIRNEW JERS E YEDYTHE BLVD PALM BLV D DR D R DRVI S T A MICHIGAN SHORELAGOONDRCEDARMCMULLENWBAYWOODDR DRBAYWOODDRWINDS DRNICHOLA S D RCarolynDrDR S BAYWOOD TRADECORONADOSUEMAR PATRICIASAN CHRISTOPHER SALVADOR FRIAR RD LAKE LAKEWOOD PARKWOOD LYNDHURST GROVEWOOD HILLWOOD KNOLLWOOD WOOD SCOTSDALE LEXINGTON ARNONIMANOR LYNDHURST ST ST DR DRDIANEYORKNEWDRLIVEOAKWISTERIASocrates ST ATHENS CTORANGEST TANGERINE2NDAVACROPOLISYORKNEWJAMES AVEAVWILKIE JAMES DRJENNIFEROAKWOODST S MANOR DR 3RDMARJONJAMESVINE AVMANOR DRWESTST AVST JOAN MARJONLimewoodWILLOW DarbyThistleOAKWOODAvST MARY DRTERRACE RD ST ANNE DR RICHLANDAVST PLAZA MEASEAVST STBLVD BASSDAVISORANGEGROVE MOORE NEWAVYORKST DRPARKDR DRDR S RD LNSANROY SANHELENRDDRCTLAKESIDEDRDR BLVDLAKESIDEBASS AVCARDINALAVEDRAVEN. 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Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK 12/20/2016 Map Gen By: Date: Document Path: V:\GIS\Engineering\Location Maps\2016ReclaimedMap.mxd Reclaimed Water Line Service Area County Enclave City of Clearwater 10-Year Water Supply Facilities Work Plan 15 JuneOctober 2017 3.1.5 Groundwater Replenishment Project The purpose of the Groundwater Replenishment Project is to recharge purified reclaimed water to the Upper Floridan aquifer as part of an indirect potable reuse project. This has many benefits, such as maximizing the beneficial use of the city’s reclaimed water supply and improve the hydrogeologic conditions of the Upper Floridan aquifer through recharge while simultaneously reducing the discharge of excess reclaimed water to surface water. The project will also enhance groundwater resources by providing a potential salinity barrier that can offset current and future withdrawals from the city’s wellfields. The project includes an Advanced Water Purification Plant (AWPP), four recharge wells, a deep injection well for RO concentrate disposal and associated pipelines. Since the 2008 Master Plan update, the city evaluated the feasibility of the preliminary treatment processes to purify reclaimed water to meet or be better than drinking water standards and the feasibility of the aquifer recharge system to recharge the Upper Floridan aquifer with up to 3 MGD of purified reclaimed water. Additionally, the city designed and operated a one-year advanced water purification pilot system from June 2013 to June 2014 and tested hydrogeologic conditions of the Upper Floridan aquifer. The advanced water purification treatment process includes ultrafiltration filtration (UF), reverse osmosis (RO), an advanced oxidation process (AOP) with hydrogen peroxide and UV, and stabilization and deoxygenation of the water with membrane contactors to minimize metals mobilization in the aquifer. The full-scale 3 MGD project is in design. Construction of the recharge wells and deep injection well is scheduled to begin in summer 2017 and construction of the AWPP is scheduled to begin in early 2018. 3.1.6 Water Conservation Measures The city has participated in various water conservation initiatives and programs, ultimately conserving approximately 1.31 MGD of potable water. Water conservation initiatives include enforcement of irrigation restrictions and plumbing upgrades. Water conservation programs utilized by the city include landscape and irrigation evaluations, rain sensor rebates, pre-rinse spray valves, industrial, commercial, and institutional (ICI) facility assessments, and large landscape surveys. Additionally, the city provides funding for water conservation educational materials for 5th grade students. The city has been providing reclaimed water to residential customers, large outdoor users (including golf courses and city parks), and industrial customers for more than a decade. The city continues to target ICI facilities for potential reclaimed water use through ICI Facility Assessments. 25 ICI Facility Assessments were conducted by the city and reported in the 2010 Regional Water Supply Plan (SWFWMD). Element F of the city’s Comprehensive Plan outlies the city’s development of the reclaimed water program. The city is committed to implementing their Comprehensive Plan and continued participation in water conservation programs in the future. City of Clearwater 10-Year Water Supply Facilities Work Plan 16 JuneOctober 2017 4.0 CONCEPTUAL COST ESTIMATES FOR CAPITAL IMPROVEMENTS The two major water facilities capital improvement projects the city anticipates within the next 10 years are treatment improvements at WTP 3 and the Groundwater Replenishment Project. Based on review of the water quality of the groundwater supplied by the Water Plant No. 3 wellfield, advanced treatment of the groundwater is needed to address the increasing levels of constituents such as arsenic and total dissolved solids (TDS). The estimated costs associated with improvements to WTP 3 and the Groundwater Replenishment Project are outlined in Table 4-1 below. Table 4-1. Potable Water Supply Facilities Capital Improvement Program (2016 – 2026) Project Estimated Cost WTP 3 Improvements (pretreatment and RO addition) $8.15M (CIP Budgeted) Groundwater Replenishment Project $16.35M* Total $24.5M *City’s portion of the project (50%). SWFWMD cooperative funding (50%) City of Clearwater 10-Year Water Supply Facilities Work Plan 17 JuneOctober 2017 5.0 WATER PRODUCTION COSTS UPDATE Burton and Associates, financial consultants to the city, has recently performed water production financial analyses for the city. These analyses projected the city’s total water production costs per unit water produced for Fiscal Year (FY) 2016, which included capital, operation and maintenance (O&M), debt service, and renewal and replacement (R&R) costs of all existing and proposed water treatment plant facilities. The cost per unit water produced was then compared to the projected cost of purchasing water from Pinellas County. These costs were used as a baseline to update the water production costs for the planning FY 2022. Pinellas County’s adopted wholesale rates are as follows as shown in Table 5-1: Table 5-1. Adopted Pinellas County Wholesale Rates (cost/1000 gallons) Fiscal Year Pinellas County Wholesale Rate FY 2012 $3.43 FY 2013 $3.56 FY 2014 $3.71 FY 2015 $3.86 FY 2016 $3.92 FY 2017 $3.99 FY 2018 $4.06 FY 2019 $4.13 The city’s operating and annualized capital costs for FY 2016 are shown below in Table 5-2: Table 5-2. City of Clearwater Operating and Annualized Capital Costs (cost/1000 gallons) Description Cost Operating Cost $1.04 Annualized Capital Cost $2.02 Total Cost (Operating and Capital) $3.06 18 JanuaryOctober 2017 6.0 SUMMARY The city of Clearwater is committed to providing high quality potable water to its residents in cost efficient ways. The plans to improve the city’s water supply facilities from 2016 to 2026 are anticipated as follows: 1. Develop the necessary planning and design for the WTP 3 improvements. 2. Continue to expand the reuse distribution system to serve more customers and increase the offset of potable water for irrigation purposes. 3. Continue the Groundwater Replenishment Project and begin construction of wells in 2017 and Advanced Water Purification Plant construction in 2018. These measures of expanding the city’s water supply facilities from 2016 through 2026 provide a cost effective and reliable water supply and treatment system for the city’s residents. September 25, 2017 Mr. Michael Delk, AICP City of Clearwater Planning and Development Director P.O. Box 4748 Clearwater, Florida 33756 Re: Clearwater 17-1ESR Dear: Mr. Delk: The Southwest Florida Water Management has reviewed the referenced plan amendment. The following technical assistance comments are offered. Regional Water Supply: 1) The Work Plan has not provided evidence of adequate water supplies for the entire planning horizon. This requires analyses addressing both water sources availability and projected water supply demand for the ten-year planning horizon. For additional information, see 163.3177, Florida Statutes and the following link: http://www.floridajobs.org/docs/default-source/2015-community- development/community-planning/comp-plan/guidepreparation.pdf?sfvrsn=4 2) The Work Plan is required to identify conservation initiatives (e.g., irrigation restrictions enforcement, plumbing retrofits, etc.) needed to help meet water supply demand. We understand the Pinellas Utilities implements water conservation initiatives but encourage the City to actively participate in water conservation since it has land use authority within its boundaries. Water conservation measures appropriate for implement ation include, but are not limited to, Florida Water Star, Florida-Friendly Landscaping™ and resident education. Additional information on these programs is available at the following links: https://www.swfwmd.state.fl.us/conservation/florida_water_star/ http://www.swfwmd.state.fl.us/conservation/irrigating/ http://www.swfwmd.state.fl.us/ (see Florida-Friendly Landscaping and water conservation tabs) 3) The Work Plan is required to identify facilities needed for meeting water supply demand during the planning horizon. A discussion should be included providing assurances that facilities needed for water demand during the planning horizon are planned for. Mr. Michael Delk, AICP September 25, 2017 Page 2 Floodplains and Floodprone Areas 4. No comment. Wetlands and Other Surface Waters 5. No comment. Thank you for this opportunity to participate in the review process. Please provide the District with a copy of the adopted amendment, including any supporting data and analysis. If you have any questions or require further assistance, please do not hesitate to contact me at the Brooksville office at extension 4407 or trisha.neasman@watermatters.org. Sincerely, Trisha Neasman, AICP Planning Lead TN cc: Ray Eubanks, DEO Suzanne Ray, DEP Joel Brown, SWFWMD Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4068 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Appoint one member to the Environmental Advisory Board with term to expire December 31, 2021. SUMMARY: APPOINTMENT WORKSHEET BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm (Jan., April, July, Oct.) PLACE: Council Chambers APPTS. NEEDED: 1 STAFF LIAISON: Sarah Kessler/Eng. THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Michael Engelmann - 2958 Deer Run S., 33761 - Sr. Engineer Original Appointment: 12/03/09 (currently serving 2nd term to expire 12/31/17) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Candace Gardner - 736 Island Way, Apt. 305, 33767 - Retired/Guidance Counselor 2.Bryan Beckman - 127 Marina Del Rey Ct., 33767 - Retired/Information Systems and Logistics 3.Glenna C. Wentworth - 2227 Harn Blvd., 33764 - Retired/Mental Health Counseling Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4068 Zip codes of current members: 1 at 33755 1 at 33761 1 at 33765 2 at 33767 Page 2 City of Clearwater Printed on 12/1/2017 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: e A N O 1,G e_ CARD N E. `R Home Address: Office Address. 73 Go SLRrit w P-c:305 L icW.CoicIT'E NR, FLi Zip 3-Zo'7 Zip Telephone: 7a7 – '{'7 CEOq Telephone: Cell Phone: E -mail Address: CA N Lek., 1 e OL'Co Yv\ How long a resident of Clearwater? 4" ' J/ RS Occupation:ito tZJtL W0J C a Lei Y NC, Employer: r1N E., LL co/4 gty semoo L Field of Education: C °LI S >E ° Other Work Experience: aysT Nft s-r J (60 DRNK:Q. cou /\r >z.) 3d S, O E G RIKy vt.A,cf -ioWi If(etire ormer occupation:G 6L1 b 1I NC. Lot) U N S € Lo `R Community Activities: Other Interests: Board Service (current and Ry IR, fid Board Preference: c© v14 tM u nl 1 +1 N I , L > t 1,6 N S 13c A R,D p 1-4 lk 5 1 121z, L riVio eorkftn 0113 Additional Comments: C }4 Ft rr E, 1R. R v E tk) C o m mart .€ (,a. 7) 13EnU1-ti se 0 3o A D Signature: C 0Y70 •. 12f Date: J I5,aot! 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 JUN 14 2017 Declaration of Domicile filed with the city clerk affirming residency within city limits RECORDS AND gam cj °I S? 9I sRvcs DEPT. I/ BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? at;(3611-e al) zna(2r-(4, ...e (9-n 4apAAJt. , Jeirutsv-Lfreele „ L_! ' 'l 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? S n /96.14,/ety 7040/LA ce_elitzGo VjAy (t.e_t.Q„ azzAL-1},-e-Q/77 -6-71 .a.s2/tAfpx. t 4A1'6142-) Al 1 , r r U 4. Why do you want to serve on this Bo d? cknx,71,t,tk, ef,,,-Let..za, Y`y `u.o`.td so e cam. Name: C O(iyi oticLe Board Name: CANDACE GARDNER 736 Island Way Apt. 305 Clearwater, Florida 33767 -1817 727 -447 -0074 candyflal@aol.com Please type or print clearly. Name: Bryan Beckman Home Address: Office Address: 127 Marina Del Rey Ct Zip 3370 7 Zip Telephone: Telephone: Cell Phone:224- 430 -3990 Email Address: bryanbeckman63 @gmail.com How long a resident of Clearwater?1 year Occupation: retired Field of Education: Information Systems and Logistics Employer: Other Work Experience: Sustainability lead for global transportation and warehouse projects at Mondelez International If retired, former occupation: Director of IS Global Logistics - Kraft Foods / Mondelez International Community Activities: Sierra Club Cuncoast Conservation Group member, Habitat for Humanity, Grid Alternatives (Solar for low income) Other Interests: Enjoying the outdoors (fishing, running, tennis, hiking) Board Service (current and past): Board Preference: Environmental Advisory Board Additional Comments: Signature: Date: v /2 s //7 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 ofoneofthefollowing: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits R CE1 ' Declaration of Domicile filed with the city clerk affirming residency within city limit T 25 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. I:3UAHU UUt51 IUNNAIHt 1. What is your understanding of the board's duties and responsibilities? Identify and assess environmental objectives for the city and provides input to the city council. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes. I have attended a Clearwater City Council work session and met with Council member Jonson. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have personal experience in leading business initiatives that strive to meet sustainability goals and balance the constraints and goals of the business, the community, and government. have this type of experience in the United States and Internationally. 4. Why do you want to serve on this Board? 1 am passionate about protecting our environment now and for future generations, and feel we have the duty to take action as citizens. I want to collaborate with city officials, residents, and businesses to balance environmental objectives with the needs of the community and city resources that are available. Name: Bryan Beckman Board Name: Environmental Advisory CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Glenna C. Wentworth Home Address: 2227 Harn Blvd. Office Address: Zip 33764 Zip 33764 Telephone: 314 - 255 -6152 Telephone: Cell Phone: same Email Address: How long a resident of Clearwater? Occupation: Retired Ten years parttime, one year permanent. Employer: Field of Education: Other Work Experience: Mental Health Counseling If retired, former occupation: Clinical Mental Health Counselor, Associate Professor Community Activities: Suncoast Sierra Club, Morningside Meadows Neighborhood Association. Other Interests: Renewable energy, bike trails. Board Service (current and past): Board Preference: None in Clearwater. See attached list Environmental Advisory Board detailing volunteer activities. Additional Comments: Signature: &444. Date: 10/27/17 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 NOV 07 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board identifies and assesses environmental issues with the goal of making recommendations for appropriate programs and projects to the City Council. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? I have attended an Environmental Advisory Board meeting at which time I spoke in favor of a 100% renewable energy initiative for Clearwater. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have enjoyed participating in a significant number of leadership roles in organizations related to environmental conservation and human health and wellness. Please see attached resume and list of professional and community service. 4. Why do you want to serve on this Board? I believe my passion and expertise in environmental conservation as it relates to human health and wellness would make a positive contribution to the Environmental Advisory Board and subsequently a positive future for Clearwater. Name: Glenna C. Wentworth Board Name: Environmental Advisory Board GLENNA WENTWORTH 2227 Harn Blvd. Clearwater, Florida 33764 gcwentworth@yahoo.com CREDENTIALS National Certified Clinical Mental Health Counselor (CCMHC), #17009 National Board of Certified Counselors Licensed Professional Counselor (LPC), #CS000410 State of Missouri, Committee of Professional Counselors EDUCATION Doctoral Studies in Counseling Education, St. Louis University Master of Arts in Counseling Education, University of Missouri -Kansas City Bachelor of Arts in Psychology, William Jewell College EMPLOYMENT HISTORY 1994 1988 Associate Professor /Counseling, St. Louis Community College at Florissant Valley, St. Louis, Mo. 2005 -2014. Provided personal, career, crisis, and academic counseling in a college setting. Duties included the assessment and treatment of mental disorders, the administration and interpretation of career assessments, facilitating support groups, teaching personal development classes, presenting workshops on a variety of academic and mental health issues, and supervising graduate interns from surrounding counseling programs. Chaired various committees including the Wellness Advisory Committee for faculty and staff. Licensed Counselor/EAP Consultant, Magellan Health Services, St. Louis, Missouri. 2004 -2005. Provided direct support to organizations and their employees through delivery of behavioral health assessments, referral to appropriate levels of care, consultation related to specific personal and career concerns, crisis intervention, and referral to community resources. Licensed Counselor, Citizens Against Spouse Abuse (CASA); Sedalia, Missouri. 1998 -2004. Established domestic violence and rape trauma counseling program. Provided individual therapy and facilitated support groups for women residing in an abuse shelter and in the community. Developed counseling outreach program. Trained staff and volunteers. Licensed Counselor, United Behavioral Health; St. Charles, Missouri. 1994 -1998 Treatment of depression, anxiety, sexual trauma, and women's issues in an outpatient managed care setting. Facilitated partial hospitalization groups. Treatment population included children, adolescents, and adults. Licensed Counselor, Masters and Johnson; St. Louis, Missouri. 1993 -1994 Treatment of adult survivors of childhood sexual abuse, Dissociative Identity Disorder, sexual compulsivity, in a partial hospitalization program. Community and Professional Volunteer Experience Community Volunteer Experience Soulard Neighborhood Improvement Association (S.N.I.A.), St. Louis, Missouri. President of the Board, 1979 -1980. Neighborhood association charged with maintaining the economic mix in a recently established historic district by providing affordable housing, youth work programs, and senior services for long -term residents. Mental Health Association of Pettis County, Sedalia, Missouri. President of the Board, 2001 -2002. Non - profit organization which promotes mental health and treatment of persons with mental illness through advocacy, education, and service. Morningside- Meadows Neighborhood Association (M.M.H.A.), Clearwater, Florida. Chair of Nominations and Bylaws committees for the board, 2016 -2017. Homeowners association which advocates and advises in such areas as legal, social, economic, or political that affects homeowners of the Morningside- Meadows neighborhoods. Suncoast Sierra Club, Tampa Bay, Florida. Member of the Suncoast Political Committee and North Pinellas Conservation Committee, 2017. Suncoast Sierra organizes and participates in environmental education, outdoor adventures, and local environmental activities. This group also lobbies local and state governments for pro - environment policy and legislation and actively works on conservation issues. Sierra Club. Wilderness Guardian, 2004 to present. The Wilderness Guardian program serves to protect and promote clean air, safe drinking water, wildlife and wild places. Professional Volunteer Experience The following professional associations share similar missions in that they enhance the profession of mental health counseling through advocacy, education, leadership, and collaboration. I served on each of these boards in several capacities, but the highlights are listed here: St. Louis Counseling Association (S.L.C.A.). Association President, 1988 -89. Missouri Mental Health Counselors Association (M.M.H.C.A.). Association President, 1991 -1992. Missouri Counseling Association (M.C.A.). Association President, 1993 -1994. American Mental Health Counselors Association (A.M.H.C.A.), Alexandria,Virginia. Association President, 2000 -2001. Stipend included. American Counseling Association (A.C.A.), Alexandria, Virginia. Governing Council Member, 2003 -2006. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4094 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Appoint two members to the Neighborhood and Affordable Housing Advisory Board (NAHAB) for the Banking/Mortgage industry and the Clearwater resident special qualifications with terms to expire November 30, 2021. SUMMARY: APPOINTMENT WORKSHEET BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: N/A (See Special Qualifications) MEMBERS: 7 STAFF LIAISON: Joe Riddle MEETING DATE: 2nd Tues. most months PLACE: Council Chambers APPTS. NEEDED: 2 SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry; Employer’s Representative. THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS THAT WILL BE EXPIRING AND/OR EXPIRED AND NOW REQUIRE REAPPOINTMENT OR REPLACEMENT BY A NEW APPOINTEE. MS. LINDA KEMP IS ENDING HER 2ND TERM ON THIS BOARD AS THE BANKING/MORTGAGE INDUSTRY REPRESENTATIVE AND SHE WISHES TO SERVE ANOTHER TERM. 1. Linda Kemp - 4225 38th Ave. S., St. Petersburg, FL 33711 - Finance Original Appointment: 05/07/09 (1 Absence in the last year) Interest in reappointment: Yes - (was currently serving 2nd term until 11/30/17) (Banking/Mortgage industry) Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4094 2. Carmen Santiago - 1101 Tuskawilla Dr., #2, 33756 - Victim Witness Coord. Original Appointment: 03/17/16 (2 Absences in the last year) Interest in reappointment: Yes - (was currently filling an unexpired term until 11/30/17) (Clearwater citizen) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO SERVE AS THE CITIZEN WHO RESIDES WITHIN THE CITY OF CLEARWATER: 1. Kathleen Beckman - (Personal Information Exemption) - Retired/H.S. English Teacher/Guardian ad litem (Clearwater citizen) Zip codes of current members: 1 - 33711 1 - 33755 1 - 33756 1 - 33765 1 - 33767 1 - 34222 Page 2 City of Clearwater Printed on 12/1/2017 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Please type or print clearly Name: 1 /1A7 CIA Home Address: lam/ Office A(d dre . : JU rdu trt4 VIZ Zip "/ 1 Telephone: Cell Phone: gq,7 How long a resident of Clearwater? Occupation: 714-4,C c Fief, of Education: 1 4 Telephone: ^ f / E -mail /ddress: ! jit to `W e Yn r 0 Wri4 (11)4 ad a YPI (2,5 0, Employer: If retired, former occupation: Community Activities: Other Work Experience: W t4 ki Other Interests: Board Service (cu ent and past): fi Additional Comments: Board PrefeKenc1e: 1 -- Signature: `_ ( A Date: f 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: RECEIVEDCurrentvoterregistrationwithincitylimits Valid current Florida Drivers' License issued to an address within city limits y Declaration of Domicile filed with the city clerk affirming residency within city'l(PVt 201 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 16t6} 1 p4A 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? 4. Why do you want to serve on this Board? 0 14. /A ( ,f,Ad/tY it)PA17 ipa4t,<, Name: A 4.4 Ar Board Name: N-#0 sL 7274646534 STATE ATTORNEY 11:20:30 p.m. 03 -23 -2000 1 /2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. N,me,Cbrrncl1 antiqqp ome _Address: Office Address: O 11LL C LU 1 6 OdvQ WD u r G, Zi 3 U%. Zip Telephone:7n" 7315 " Telephone: CeII Phone: Email Address: \U .S [Ca43 P hLD•CC How long a resid nt of Clearwater? 1 1/ d 4- • Occupation 1 % d - ID) SS CG na mployer: S a A "r r Field of Ed tion: Other Work Experience: 1 )01L\ C5 Lb pawss- ,_.rc cc r f)L,L W U io )p v If retired, former occupation: i\.) is 1± c r CS) riMber 0 cCommnityActivities: LCD., s U i QY LJ Other Interests: ,J ,V.4 Crl'l UtkV42i in oco r LLfl y) ikan Board Service (current and ,p t): Board Preference: codr5 d K C Y" \ rflai ,. " Additional Comments: Date: 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 Declaration of Domicile filed with the city clerk affirming residency within city limitTIECEIVED FEB 2 2 2016 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT 7274646534 STATE ATTORNEY 11:21:21 p.m. 03 -23 -2000 212 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 10 OrNiCte_ Ctifl 201,S t-S '-‘10 %\a C;LtiA CC&2.V3J 610(-0 s -- • c,r) orcLur h ciNo commuftut Q.NQvuFrIf2 2. Have you ever observed a boaeeting either in person or on the City's TV station C -View? 1 ham h5yVeJ5KCL/ board raeidcr) . aim cc u wen± J ex, a rout and 09m ( 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? air, J'h4 u / unveAvod w h IR comma /vet 7) 0/6iive, b_c. / 4 a I 07 Or 6\ 0-/-dA ittj vattmitey txvt all nide ate_ -MJ III &a) cfafiglo cage., co 0,00-1)(Aid 0(P -10 Neral/u2 4. Why do you want to serve on this Board? come,o u-. 40 v Cr) fke N h&rir Sic homuip 0294-f-- +0 folio et_ broti MTV q CAN • • OA ,i o Iah (/ alattif Name: , fl1 I Ii99 Board Name: Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4053 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Request for authority to file a probate case to administer an estate in the matter of Doretha Carson Leverson. (consent) SUMMARY: The City has an outstanding loan originally given to Doretha Carson Leverson. Ms. Leverson died on July 22, 2016 and no estate has been opened to dispose of her property or resolve any outstanding debts she may have had. The City has a claim for $36,800.00. If the City opens an estate it will then be able to file a claim against the estate for the moneys owed under the loan. Authority is being sought to open an estate in order to file a claim against it to recover the moneys owed to the City. Costs will be approximately $500. APPROPRIATION CODE AND AMOUNT: 010-09600-548000-514-000 Page 1 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9042-17 2nd reading Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9042-17 on second reading, amending the Community Development Code pertaining to Medical Marijuana. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 1 Ordinance No. 9042-17 ORDINANCE NO. 9042-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY MODIFYING ARTICLE 2, SECTION 2-702, ADDING A FOOTNOTE FOR RETAIL PLAZAS AND RETAIL SALES AND SERVICES USES PERTAINING TO MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; AMENDING ARTICLE 2, SECTIONS 2-703, 2-704, 2-802, 2-803, 2-902, 2-903 AND 2-1203, ADDING FLEXIBLE DEVELOPMENT CRITERIA FOR RETAIL PLAZAS AND RETAIL SALES AND SERVICES USES PERTAINING TO MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; AMENDING ARTICLE 2, SECTION 2-1204, ADDING RETAIL SALES AND SERVICE USES; AMENDING ARTICLE 2, SECTION 2-1302, ADDING A FOOTNOTE FOR URBAN FARM USES PERTAINING TO MEDICAL MARIJUANA TREATMENT CENTER PROCESSING AND CULTIVATING FACILITIES; AMENDING ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE REQUIREMENTS FOR LEVEL THREE APPLICATIONS; AMENDING ARTICLE 8, SECTION 8- 102, MODIFYING THE DEFINITIONS FOR RETAIL SALES AND SERVICES AND URBAN FARMS; AMENDING APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, PERMITTED USES AND PARKING, MODIFYING THE CRITERIA FOR RETAIL PLAZAS AND ADDING A CRITERION FOR RETAIL SALES AND SERVICES USES PERTAINING TO MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida Constitution, titled “Use of Marijuana for Debilitating Medical Conditions” (“Amendment 2”), which became effective on January 3, 2017; and WHEREAS, Amendment 2 required the Florida Department of Health (the “Department”) to adopt specified regulations pertaining to Medical Marijuana Treatment Centers (“MMTCs”) within six months from the effective date of the amendment, such as procedures for the registration of MMTCs that include procedures pertaining to the issuance, renewal, suspension and revocation of registration, and standards ensuring proper security, record keeping, testing, labeling, inspection, and safety, as well as regulations defining the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence; and WHEREAS, on June 23, 2017 the Governor signed into law Special Session Senate Bill 8A, Chapter number 2017-232 of the Laws of Florida (“the Bill”); and 2 Ordinance No. 9042-17 WHEREAS, the Bill provides that regulation of cultivation, processing, and delivery of medical marijuana is preempted to the state, except as provided in the legislation, and states that a local government may ban medical marijuana dispensing facilities from locating within that local governments’ boundaries; and WHEREAS, the Department has filed for adoption of the regulations pertaining to MMTCs with the Department Agency Clerk, and such regulations have not been implemented as of the drafting of this ordinance; and WHEREAS, Amendment 2 authorized the Florida Legislature to enact laws with the Department’s constitutional duties; and WHEREAS, if a local government does not exercise its option to ban dispensaries, the local government’s criteria for locating and regulating dispensing facilities shall not be more restrictive than its zoning regulations applying to pharmacies; and WHEREAS, this ordinance complies with the Bill; and WHEREAS, Florida laws relating to the cultivation, production, and dispensation of cannabis products could evolve subsequent to the Bill, and future legislation may further expand the legal use of cannabis in Florida; and WHEREAS, the City of Clearwater has determined where the Community Development Code (the “Development Code”) needs clarification and revision not only to accommodate the adoption of the Bill but also facilitate any subsequent amendments to the Development Code that could result from evolving legislation relating to the cultivation, production, and dispensation of cannabis products; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 702, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2-702. "C" District Minimum Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Spaces Community Gardens n/a n/a n/a 15 5 5 n/a 3 Ordinance No. 9042-17 Funeral Homes 10,000 100 25 25 10 20 0.25 per seat Governmental Uses(1) 10,000 100 25 25 10 20 4/1,000 SF GFA Indoor Recreation/ Entertainment 10,000 100 25 25 10 20 5/1000 SF GFA or 5/lane, 2/court or 1/machine Medical Clinic (1) 10,000 100 25 25 10 20 5/1,000 GFA Mixed Use 10,000 100 25 25 10 20 Based upon specific use requirements Offices 10,000 100 25 25 10 20 3/1,000 SF GFA Overnight Accommodations 40,000 200 25 25 10 20 1/unit Parks and Recreational Facilities n/a n/a 25 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Places of Worship 40,000 200 25 25 10 20 1 per 2 seats Restaurants 10,000 100 25 25 10 20 12/1,000 SF GFA Retail Plazas(2) (3) 15,000 100 25 25 10 20 4/1,000 SF GFA Retail Sales and Services (3) 10,000 100 25 25 10 20 5/1,000 SF GFA Social and Community Centers 10,000 100 25 25 10 20 5/1,000 SF GFA Vehicle Sales/Display 40,000 200 25 25 10 20 2.5/1,000 SF Lot Sales Area Veterinary Offices 10,000 100 25 25 10 20 4 spaces per 1,000 GFA (1) Governmental uses and medical clinics shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. * * * * * * * * * * (3) Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. * * * * * * * * * * 4 Ordinance No. 9042-17 Section 2. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 703, Flexible Standard Development, Community Development Code, be amended to read as follows: * * * * * * * * * * T. Retail plazas. * * * * * * * * * * 5. Medical marijuana treatment center dispensing facilities: Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. * * * * * * * * * * W. Retail sales and service. * * * * * * * * * * 5. Medical marijuana treatment center dispensing facilities: Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. * * * * * * * * * * Section 3. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 704, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * S. Retail plazas. * * * * * * * * * * 6. Medical marijuana treatment center dispensing facilities: a. Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended; b. May be permitted to be located within 500 feet of a public or private school, if the location of such dispensing facility is determined to promote the public health, safety, and general welfare of Clearwater. T. Retail sales and service. * * * * * * * * * * 7. Medical marijuana treatment center dispensing facilities: a. Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended; b. May be permitted to be located within 500 feet of a public or private school, if the location of such dispensing facility is determined to promote the public health, safety, and general welfare of Clearwater. * * * * * * * * * * Section 4. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802, Flexible Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * 5 Ordinance No. 9042-17 T. Retail plazas. * * * * * * * * * * 6. Medical marijuana treatment center dispensing facilities: Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. U. Retail sales and service. * * * * * * * * * * 6. Medical marijuana treatment center dispensing facilities: Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. * * * * * * * * * * Section 5. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * N. Retail plazas. * * * * * * * * * * 6. Medical marijuana treatment center dispensing facilities: a. Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended; b. May be permitted to be located within 500 feet of a public or private school, if the location of such dispensing facility is determined to promote the public health, safety, and general welfare of Clearwater. O. Retail sales and service. * * * * * * * * * * 7. Medical marijuana treatment center dispensing facilities: a. Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended; b. May be permitted to be located within 500 feet of a public or private school, if the location of such dispensing facility is determined to promote the public health, safety, and general welfare of Clearwater. * * * * * * * * * * Section 6. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2- 902, Flexible Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * T. Retail plazas. * * * * * * * * * * 5 Medical marijuana treatment center dispensing facilities: Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. 6 Ordinance No. 9042-17 U. Retail sales and service. * * * * * * * * * * 4. Medical marijuana treatment center dispensing facilities: Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. * * * * * * * * * * Section 7. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2- 903, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * P. Retail sales and services. * * * * * * * * * * 4. Medical marijuana treatment center dispensing facilities: a. Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended; b. May be permitted to be located within 500 feet of a public or private school, if the location of such dispensing facility is determined to promote the public health, safety, and general welfare of Clearwater. * * * * * * * * * Section 8. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2-1203, Flexible Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * N. Retail sales and service. * * * * * * * * * 6. Medical marijuana treatment center dispensing facilities: Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. * * * * * * * * * * Section 9. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2-1204, Flexible Development, Community Development Code be amended to read as follows, with subsequent sections renumbered as necessary: * * * * * * * * * * Table 2-1204. "I" District Flexible Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off-Street Parking Spaces Front Side Rear Comprehensive Infill Redevelopment n/a n/a n/a n/a n/a n/a Determined by the community development 7 Ordinance No. 9042-17 Project coordinator based on the specific use and/or ITE Manual standards Marinas and Marina Facilities 5,000 50 15—25 10— 15 0— 20 30 1 per 2 slips Planned Medical Campus 50 acres 250 25 25 25 60— 110 Determined by the community development coordinator based on the specific use and/or ITE Manual standards Retail Sales and Service 10,000 100 15 – 25 10 15 – 20 50 5 per 1,000 SF GFA Social/Public Service Agencies 10,000— 20,000 100 15—25 10 15— 20 50 2—3 per 1,000 GFA * * * * * * * * * D. Retail sales and service. 1. The goods and services which are available are limited to goods and services directly related to the physical health and well-being of persons; 2. The retail sales and service use is located in a building which is used for a principal use which is otherwise permitted and the retail sales and service use occupies no more than ten percent of the gross floor area of the building; 3. Outdoor signage related to the retail sales and service use is limited to 12 square feet of total sign face or 25 percent of the face of a sign for the principal use; 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance and landscaping exceeds the minimum required; and 5. Rear setback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and landscaping exceeds the minimum required. 6. Medical marijuana treatment center dispensing facilities: a. Shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended; b. May be permitted to be located within 500 feet of a public or private school, if the location of such dispensing facility is determined to promote the public health, safety, and general welfare of Clearwater. 8 Ordinance No. 9042-17 DE. Social/public service agencies. * * * * * * * * * Section 10. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District, Section 2-1302, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2-1302. "IRT" District Minimum Development Standards Uses Min. Lot Area> (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor Recreation/Entertainment(2) 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or 1/machine Manufacturing(3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices(4) n/a n/a n/a n/a n/a n/a Parks and Recreation Facilities n/a n/a 25 10/20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(65) 10,000 100 20 15 50 12 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Urban Farms (6) n/a n/a 20 15 50 2 per acre or fraction thereof Vehicle Service(7) 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution/ Warehouse Facility 20,000 200 20 15 50 1.5/1,000 SF GFA * * * * * * * * * * 9 Ordinance No. 9042-17 (6) Medical marijuana treatment center processing and cultivating facilities shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. (67) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. * * * * * * * * * * Section 11. That Article 4, Development Review and Other Procedures, Section 4- 206, Notices and public hearings, Community Development Code be amended to read as follows: C. Notice of hearings. The city clerk shall be responsible for providing notices for all required public hearings. * * * * * * * * * * 2. All notices of public hearings shall be provided: * * * * * * * * * * b. For Level Three approvals: * * * * * * * * * * 3. By posting a sign at least three square feet in area and not exceeding six feet in height facing the street(s) on the parcel proposed for development. However, if a single application includes more than 25 contiguous parcels and / or is greater than ten acres, then no sign shall be required to be posted. * * * * * * * * * * Section 12. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code be amended to read as follows: * * * * * * * * * * Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, tattoo parlor, animal grooming, art galleries, artisans, farmer markets, medical marijuana treatment center dispensing facilities, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on- premises consumption of alcoholic beverages. * * * * * * * * * * Urban farms means a use of property where the growing, washing, packaging and storage of produce and/or plants for wholesale or retail sales occurs. For the purposes of this Code, an 10 Ordinance No. 9042-17 aquaponic or hydroponic system, or a medical marijuana treatment center processing and cultivating facility shall constitute an urban farm. * * * * * * * * * * Section 13. That Appendix B, US 19 Zoning District and Development Standards, Section B-303. Permitted Uses and Parking, be amended to read as follows: * * * * * * * * * * Use Regional Neighborhood Corridor Use Specific Standards Minimum Off-Street Parking Spaces RESIDENTIAL USES Attached dwellings BCP BCP BCP None 1.5/unit NONRESIDENTIAL USES Adult uses FLS FLS FLS 1. The use complies with the requirements in Article 3, Division 3. 4/1,000 SF GFA Alcoholic beverage sales BCP BCP BCP 1. See footnote 2. 4/1,000 SF GFA Animal boarding X FLS FLS 1. See footnote 1. 2. The use of the parcel does not involve animal confinement facilities that are open to the outside. 3. Animals may have supervised outdoor exercise but only between 7:00 a.m.— 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4/1,000 SF GFA Assisted living facilities BCP BCP BCP None 1 per 4 beds Automobile service stations FLD FLS FLS 1. See footnote 1. 4/1,000 SF GFA Bars BCP BCP BCP 1. See footnote 1. 2. See footnote 2. 4/1,000 SF GFA Brewpubs BCP BCP BCP 1. No more than 50 percent of the total gross floor area of the establishment shall be used for the brewery function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks. 4/1,000 SF GFA Community gardens BCP BCP BCP None Not applicable Congregate care BCP BCP BCP None 1 per 4 beds Educational facilities BCP BCP BCP None 4/1,000 SF GFA Governmental uses FLS FLS FLS None 4/1,000 SF GFA Indoor recreation/ entertainment BCP BCP BCP None 4/1,000 SF GFA Light assembly BCP BCP BCP None 4/1,000 SF GFA Marinas and marina facilities FLD FLD FLD 1. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facility is totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset. 2. All marina facilities shall comply with the commercial dock requirements set forth in Section 3-601.C.3 and the marina and marina facilities requirements set forth in Section 3-603. 1 space/2 slips 11 Ordinance No. 9042-17 Medical clinic FLS BCP BCP None 4/1,000 SF GFA Microbreweries FLS FLS FLS 1. See footnote 1. 2. See footnote 2. 4/1,000 SF GFA Nightclubs FLS FLS FLS 1. See footnote 1. Nursing homes X X FLS None 1 per 4 beds Offices BCP BCP BCP None 4/1,000 SF GFA Outdoor recreation/ entertainment X X FLD 1. See footnote 1. 1-10/1,000 SF of land area or as determined by the community development coordinator based on the ITE Manual standards. Overnight accommodations BCP BCP BCP 1. The parcel proposed for development shall, if located within the coastal storm area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted. 2. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25 percent of the sign area be dedicated to the accessory uses. 1/unit Parking garages and lots FLS FLS FLS None Not applicable Parks and recreation facilities BCP BCP BCP None 1/20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Places of worship FLD FLD FLS None 1 per 2 seats Problematic uses X X FLD 1. See footnote 1. 2. The use is not located within 500 feet of another problematic use. 3. The building in which the use is located is a building which is conforming to all current land development and building regulations. 4/1,000 SF GFA Public transportation facilities FLS FLS FLS None Not applicable Research and technology BCP BCP BCP None 2/1,000 SF GFA Restaurants BCP BCP BCP None 4/1,000 SF GFA Retail plazas BCP BCP BCP 1. Restaurants within the retail plaza may occupy up to 25 percent of the total gross floor area of the retail plaza. Any restaurant, or fraction thereof, that exceeds 25 percent must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 2. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. 3. Medical marijuana treatment center dispensing facilities may be permitted to be located within 500 feet of a public or private school, if the location of such dispensing facility is determined to promote the public health, safety, and general welfare of Clearwater. Level II Flexible Development application shall be required. 4/1,000 SF GFA Retail sales and services BCP BCP BCP 1. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in section 381.986, Florida Statutes, as amended. 2. Medical marijuana treatment center dispensing facilities may be permitted to be located within 500 feet of a public or private school, if the location of such dispensing facility is determined to promote the public health, safety, and general welfare of Clearwater. Level II Flexible Development application shall be required. 4/1,000 SF GFA 12 Ordinance No. 9042-17 Schools FLD FLD FLD 1. All off-street parking is located at least 200 feet from any property designated as residential in the Zoning Atlas. 1 per 3 students Self-storage warehouse X X FLS 1. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. 1/20 units plus 2 for manager’s office Social and community centers X X FLS 1. See footnote 1. 4/1,000 SF GFA Social/public service agencies X X FLS 1. See footnote 1. 2. The social/public service agency shall not be located within 1,500 feet of another social/public service agency. 4/1,000 SF GFA Telecommunications towers BCP BCP BCP None Not applicable TV/radio stations FLD BCP BCP 1. All buildings are designed and located so that no building is closer than 100 feet from a parcel of land which is designated as residential in the Zoning Atlas. 4/1,000 SF GFA Utility/ infrastructure facilities FLS FLS FLS 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Not applicable Vehicle sales/ displays FLS FLS FLS 1. See footnote 1. 2. Minimum lot area: 2.5 acres (108,900 square feet). Contiguous parcels of land under common ownership or consolidated for the purposes of development may be exempt from this requirement so long as the combined lot area meets or exceeds the minimum. 3. The gross floor area of enclosed buildings is at least 7,000 square feet. 4. Provision is made to dim outdoor lighting at all times when the automobile sales and service uses is not open to the public to that level necessary to maintain the security of the premises. 5. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street. 2.5/1,000 lot sales area Vehicle sales/ displays, limited FLS FLS FLS 1. See footnote 1. 2. The gross floor area of enclosed buildings is at least 7,000 square feet. 3. Provision is made to dim outdoor lighting at all times when the automobile sales and service uses is not open to the public to that level necessary to maintain the security of the premises. 4. Within Regional Center or Neighborhood Center Subdistricts, the use shall be located in an enclosed structure and shall have no outdoor displays. 4/1,000 SF GFA Vehicle service, limited X FLD FLS 1. See footnote 1. 2. The use does not involve the overnight, outdoor storage of automobiles. 4/1,000 SF GFA Veterinary offices BCP BCP BCP 1. See footnote 1. 4/1,000 SF GFA Footnotes: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the use is unlikely to have an adverse impact on such school or use as a place of worship. Key: BCP = Level 1 Minimum Standard (Building Construction Permit). FLS = Level 1 Flexible Standard Development (Community Development Coordinator approval required). FLD = Level 2 Flexible Development (Community Development Board approval required). X = Not Allowed * * * * * * * * * * 13 Ordinance No. 9042-17 Section 14. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 15. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 16. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 17. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 18. 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: ____________________________ ____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9048-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9048-17 on second reading, amending the City’s Comprehensive Plan in accordance with Florida Senate Bill 1094 (2015) “Peril of Flood Act.” SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 ` 1 Ordinance No. 9048-17 ORDINANCE NO. 9048-17 AN ORDINANCE OF THE CITY OF CLEARWATER (THE CITY), FLORIDA, MAKING AMENDMENTS TO THE CITY’S COMPREHENSIVE PLAN IN ACCORDANCE WITH FLORIDA SENATE BILL 1094 (2015) “PERIL OF FLOOD ACT” BY MODIFYING THE COASTAL MANAGEMENT ELEMENT, ADDING A NEW GOAL AND POLICIES RELATED TO STRATEGIES AND ENGINEERING SOLUTIONS THAT REDUCE FLOOD RISK IN THE CITY’S COASTAL AREAS; ADDING POLICIES THAT ENCOURAGE SHORELINE PRESERVATION WITHIN THE CITY’S BARRIER ISLANDS; INCORPORATING NEW POLICIES THAT ENCOURAGE MORE RESILIENT CONSTRUCTION PRACTICES AND THE POSSIBILITY OF IMPLEMENTING A MORE ROBUST STORMWATER DESIGN POLICY; ADDING POLICIES BOLSTERING THE CITY’S POST-DISASTER MANAGEMENT PLANNING; REARRANGING THE ORDER OF SEVERAL EXISTING POLICIES WITHIN THIS COASTAL MANAGEMENT ELEMENT TO MAKE THIS SECTION MORE COMPREHENSIBLE; BY AMENDING MAPS E-1A, E-1B, E-2 AND E-3; UPDATING VARIOUS TERMS AND REFERENCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Florida Senate Bill 1094, also known as the Peril of Flood Act, was signed into law in 2015; and WHEREAS, the Peril of Flood Act included sea level rise as one of the causes of flood risk that must be addressed in the Coastal Management Element of a Comprehensive Plan; and WHEREAS, the Peril of Flood Act established six components aimed at reducing the risk of flood and encouraged participation in the Community Rating System; and WHEREAS, the City of Clearwater (“City”) was selected by the Department of Economic Opportunity in 2015 to participate in a Sea Level Rise and Coastal Resiliency Pilot Project; and WHEREAS, the City was selected by the Department of Economic Opportunity in 2017 to receive a technical assistance grant to address the Peril of Flood requirements; and WHEREAS, the City desires to address the Peril of Flood requirements using the findings from the Sea Level Rise and Coastal Resiliency Pilot Project and the technical assistance grant; and ` 2 Ordinance No. 9048-17 WHEREAS, this ordinance addresses the Peril of Flood requirements within the Coastal Management Element of the Clearwater Comprehensive Plan; and WHEREAS, the City Council finds it necessary, desirable, and proper to adopt the amendments to the Goals, Objectives and Policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Policies E.1.2.2 through E.1.2.4 of the Clearwater Comprehensive Plan Coastal Management Element be deleted with the subsequent policies renumbered: ***** E.1.2.2 Clearwater shall continue hazard mitigation by participation in the National Flood Insurance Program’s (NFIP) Community Rating System, Pinellas County’s Local Mitigation Strategy, administration of building and rebuilding regulations consistent with City and FEMA regulations, prohibition of beach sand dune alteration, and restriction of development in flood plains. E.1.2.3 The City will encourage natural hazard mitigation actions recommended by ant interagency hazard report that the City deems appropriate. E.1.2.4 General hazard mitigation will be encourage to include the regulation of building practices, floodplains, beach and dune alteration, stormwater management, sanitary sewer and septic tanks, and land use to reduce the exposure of human life and public and private property to natural hazards; and appropriate recommendation from the Pinellas County Local Mitigation Strategy will be incorporated into the Clearwater Comprehensive Plan. ***** Section 2. That Policy E.1.5.1 of the Clearwater Comprehensive Plan Coastal Management Element be amended to read as follows: ***** E.1.5.1 Critical facilities and infrastructure Public facilities, infrastructure, and utilities in the Coastal Storm Area should be maintained and improved when as necessary, and consistent with the Level of Service demands in the functional elements. Future projects are addressed in the Capital Improvement Element. ***** Section 3. That Objective E.1.6 of the Clearwater Comprehensive Plan Coastal Management Element and its Policies be deleted: E.1.6 Objective – Development and redevelopment areas established in the coastal storm area should address the needs and opportunities unique to those locations. E.1.6.1 Redevelopment proposals and plans shall be reviewed for compliance with the goals, objectives and policies of the Comprehensive Plan and other appropriate plans including Beach by Design: A preliminary Design for Clearwater Beach and Design Guidelines and the City’s NFIP Community Rating System Floodplain Management Plan. ` 3 Ordinance No. 9048-17 E.1.6.2 New development or redevelopment is encouraged to include principles, strategies, or engineering solutions that: a. reduce the flood risk in the coastal areas which results from high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise; b. may reduce losses due to flooding and claims made under flood insurance policies in this state. E.1.6.3 New development or redevelopment shall be consistent with, or more stringent than, the flood resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. E.1.6.4 The City will encourage the preservation of recreational and commercial working waterfronts and marina and other water dependent facilities. E.1.6.5 The City discourages the rezoning of recreational and commercial working waterfronts. E.1.6.6 The City will support accessory transient marina docks or slips through the Community Development Code and special area plans. Section 4. That a new Goal E.2 of the Clearwater Comprehensive Plan Coastal Management Element and new objectives and policies be added as follows, with subsequent Goals, Objectives and Policies renumbered: E.2 GOAL - NEW DEVELOPMENT, REDEVELOPMENT, AND INVESTMENT IN PUBLIC FACILITIES, UTILITIES, AND INFRASTRUCTURE SHALL BE MANAGED AND REGULATED TO REDUCE FLOOD RISK IN THE COASTAL AREAS RESULTING FROM HIGH-TIDE EVENTS, STORM SURGE, FLASH FLOODS, STORMWATER RUNOFF, AND THE RELATED IMPACTS OF SEA LEVEL RISE AND TO REDUCE LOSSES DUE TO FLOODING AND CLAIMS MADE UNDER FLOOD INSURANCE POLICIES ISSUED IN THIS STATE. E.2.1 Objective – Development and redevelopment in the City shall be planned and managed to reduce risk and losses due to flooding resulting from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. Policies E.2.1.1 Development and redevelopment plans and proposals in the coastal storm area shall be reviewed for compliance with the goals, objectives and policies of the Comprehensive Plan and other appropriate plans and references, including Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the City’s National Flood Insurance Policy (NFIP) Community Rating System (CRS) Program, and Floodplain Management Plan. E.2.1.2 The flood-resistant construction requirements in the Florida Building Code and applicable floodplain management regulations set forth in 44 C.F.R. part 60, or ` 4 Ordinance No. 9048-17 more stringent controls, shall continue to be applied to development and redevelopment in the coastal storm area. E.2.1.3 By 2020, the City shall explore the feasibility of requiring rather than encouraging the use of Low Impact Development site design methods for new development, redevelopment, additions and retrofits, and modifications to properties in the coastal storm area. E.2.1.4 Low Impact Development design standards shall provide for site design, engineering, and stormwater management designs and retrofits that reduce run- off, mitigate flood impacts, and provide for the on-site absorption, capture, and reuse of rain water. The standards shall encourage or require the increased use of “green” stormwater management treatments, native/Florida-friendly landscape material, porous paving materials, and the preservation and restoration of natural drainage characteristics. E.2.1.5 The City shall grant building permits in compliance with the rules of FEMA. E.2.2 Objective – Hazard mitigation efforts will be implemented to reduce flood risk resulting from high-tide events, storm surge, flash flood, stormwater runoff, and the related impacts of sea level rise. Policies E.2.2.1 The City shall encourage and support hazard mitigation efforts through continuation of the following activities:  Participation in the National Flood Insurance Program’s Community Rating System;  Participation in the Pinellas County’s Local Mitigation Strategy;  Administration of building regulations consistent with City and FEMA regulations;  Review and implementation of appropriate policies and strategies developed by partner agencies or through interagency hazard assessment and mitigation initiatives;  Prohibition of beach sand dune alteration; and  Restriction of development in floodways. E.2.2.2 The City will continue to monitor and coordinate with the Pinellas County Local Mitigation Strategy Work Group and evaluate the feasibility of incorporating recommendations from that initiative and other intergovernmental hazard planning initiatives into the Clearwater Comprehensive Plan and Land Development Code. E.2.2.3 The City will continue to apply building code and land development code requirements to ensure noncompliant structures are brought into conformance with FEMA flood elevation standards or will be flood proofed consistent with FEMA standards. E.2.3 Objective – Continue to educate the public on flood risks, as well as mitigation strategies and available programs to reduce flood hazards and improve the City’s ` 5 Ordinance No. 9048-17 Community Rating System (CRS) score, which will allow for decreased flood insurance premiums. Policies E.2.3.1 Continue to prepare and disseminate communications and conduct NFIP community workshops to provide information regarding the benefits of acquiring flood insurance. E.2.3.2 Continue to update, maintain, and make available for public review flood risk maps and related information indicating risks associated with high tide events, storm surge, flash flood, stormwater runoff, and related impacts of sea level rise. E.2.3.3 Flood elevation certificates shall continue to be made available for public review. E.2.4 Objective – The practice of adapting the built environment to address impacts of sea level rise shall be an integral part of the City’s planning process and in its coordination with partner agencies. Policies E.2.4.1 The anticipated impacts of storm surge and sea level rise shall be a consideration in the implementation and administration of the City’s Comprehensive Plan, building and life-safety codes, capital improvement plans, emergency management plans, land development codes, water resource and stormwater management plans, coastal management plans, and economic development programs. E.2.4.2 The City shall work with local, state, and federal entities in the continued assessment of vulnerabilities and the development of mitigation and adaptation strategies to address the impacts of sea level rise. E.2.5 Objective – By 2020, the City shall designate Adaptation Action Area(s) identifying locations vulnerable to the impacts of sea level rise, include Adaptation Action Area mapping in the Future Land Use Plan map series, and define policies and strategies applicable to development, redevelopment, and investment in public facilities, infrastructure, and utilities addressing long term impacts. Policies E.2.5.1 Map Adaptation Action Areas to identify areas vulnerable to the impacts of sea level rise. E.2.5.2 Identify and implement adaptation policies to increase community awareness and evaluate the impacts of requiring elevated finished floors, additional freeboard, and wet/dry flood proofing in areas outside designated flood plains but within the designated Adaptation Action Area. E.2.5.3 Work with local, state and regional partners to identify funding sources to support adaptation projects located within Adaptation Action Areas. ` 6 Ordinance No. 9048-17 E.2.5.4 Evaluate the costs and benefits of adaptation alternatives in the location and design of new infrastructure and the fortification or retrofitting of existing infrastructure. E.2.5.5 After the mapping of Adaptation Action Areas, follow a regular program of assessment and reevaluation to ensure policies and strategies address known and anticipated risks associated with sea level rise. Activities shall include acquisition of necessary modeling data and programs to update the Adaptation Action Area map(s) in the City’s Future Land Use Plan map series. E.2.6 Objective – When constructing or reconstructing utilities or infrastructure, evaluations shall be completed to assess vulnerability and resilience to sea level rise and identify cost-effective strategies to ensure resilience. Policies E.2.6.1 The City shall continue to evaluate opportunities to protect public facilities, infrastructure, and utilities from the impacts of sea level rise. E.2.7 Objective – Evaluate and identify which public investments and infrastructure should be built or rebuilt, modified or relocated to maximize the effective life span. Policies E.2.7.1 By 2020, identify public facilities and infrastructure at risk from sea level rise and plan for updates to the assessment every five years. The City shall analyze vulnerability to public facilities and infrastructure, including but not limited to: public buildings and facilities, including police and fire stations; water and water reclamation facilities, transmission lines and pumping stations; stormwater systems; roads and bridges; and other transportation and transit infrastructure. E.2.7.2 Based on the sea level rise vulnerability assessment, the City will determine appropriate strategies related to the modification in place [e.g. elevation, hardening, relocation, etc.] or strategic retreat from areas at risk. E.2.7.3 Evaluate elevating roads and bridges above the base flood elevation to maintain dry access. In situations where flood waters tend to wash roads out, construction, reconstruction, or repair can include not only attention to drainage, but also stabilization or armoring of vulnerable shoulders or embankments. E.2.7.4 By 2020, expand upon existing emergency management communication efforts and initiate a program to coordinate resilience and adaptation initiatives with the owners of private utilities, hospitals and clinics, nursing homes and assisted living facilities, and other privately-operated facilities in locations identified as vulnerable to impact from sea level rise. Section 5. That Policy E3.2.3 of the Clearwater Comprehensive Plan Coastal Management Element, as renumbered by this ordinance, be amended, and Policies E.3.2.4 through E.3.2.6 be added, to read as follows: ***** ` 7 Ordinance No. 9048-17 E.3.2.3 Maintain existing Recreation/Open Space Future Land Use Plan designations categories within the coastal storm area. E.3.2.4 The City shall minimize the disturbance of natural shorelines which provide stabilization and protect landward areas from storm impacts, where feasible. E.3.2.5 To preserve the functionality of natural sea level rise barriers, the City shall:  Examine the appropriate use of sediment-trapping vegetation, sediment mounds, etc., for coastal hazards; and  Implement dune restoration, plantings (i.e., sea oats), and use of natural material, where feasible. E.3.2.6 The City will maintain shoreline protection and erosion control by:  Continuing the appropriate use of beach nourishment and pursuit of sand bypassing;  Facilitating the installation and maintenance of native beach dune vegetation along appropriate areas of beach; and  Considering hard structures, such as seawalls, only when alternative options are unavailable. Section 6. That old Policies E.4.1.1 and E.4.1.2 of the Clearwater Comprehensive Plan Coastal Management Element, as renumbered by this ordinance, be deleted, that Policies E.4.1.1 and E.4.1.3, as renumbered, be amended, and Policies E.4.1.4 and E.4.1.5 be added, to read as follows: E.4.1.1 The City shall grant building permits in compliance with the rules of FEMA. E.4.1.2 Post disaster redevelopment plans of coastal areas shall be designed to reduce the vulnerability of public and private property and include proper elevations. E.4.1.31 Limit public expenditures that subsidize development permitted in the coastal high hazard storm areas, except for the restoration or enhancement of natural resources. E.4.1.42 Ensure that construction of necessary infrastructure improvements in the coastal storm area are phased to coincide with the demands generated by development or redevelopment in support of the proposed densities permitted by the City’s adopted Future Land Use Map. E.4.1.53 The City’s public expenditures in the CHHA coastal storm area, when available, will include program improvements that will restore and enhance natural resources. E.4.1.4 Encourage more efficient and climate resilient construction practices locally by:  Evaluating base finish floor elevation standards with respect to projected sea level rise scenarios and flooding potential; and  Evaluating extending the City’s cumulative substantial improvement and substantial damage regulation from one-year to a multi-year time period; and  Evaluating extending the City’s substantial improvement and substantial damage regulatory threshold to less than 50%. ` 8 Ordinance No. 9048-17 E.4.1.5 Evaluate designing a “natural runoff” or “net-zero discharge” policy for stormwater in subdivision and site design. Section 7. That Policies E.5.1.4 through E.5.1.6 of the Clearwater Comprehensive Plan Coastal Management Element, as renumbered by this ordinance, be amended and that Policy E.5.1.9, as renumbered, be deleted, as follows: ***** E.5.1.4 Damaged infrastructure shall continue to be repaired or rebuilt to minimize the potential for future damage. Unless the facility is necessary to serve the population of the coastal storm area, consideration shall be given to relocation public facilities outside the coastal storm area. E.5.1.5 Temporary-building moratoriums may continue to be declared in the coastal high hazard storm area when 50% or more of the homes have been destroyed in order to assess impacts and feasibility of redevelopment. E.5.1.6 Repair and rebuilding of critical facilities such as water facilities, sewage treatment plants and lift station and other utilities damaged in future storms shall be reconstructed to minimize hurricane and flooding vulnerability. ***** E.5.1.9 Prepare by 2012, a post disaster redevelopment plan in an effort to reduce or eliminate the exposure of human life and public and private property to natural disasters. Section 8. That Policies E.5.2.4 through E.5.2.6 of the Clearwater Comprehensive Plan Coastal Management Element be added, to read as follows: ***** E.5.2.4 The City shall continue to review inventories of repetitive loss properties provided by FEMA and continue working with state officials to improve the process of reducing vulnerability and loss for listed properties. E.5.2.5 As part of post-disaster planning and management, the City shall prepare inventories of properties for acquisition and removal, including repetitive loss properties, and establish clear priorities for the use of acquisition resources. E.5.2.6 As part of the process of defining and establishing policies for development and redevelopment in the Adaptation Action Areas, the City shall assess existing regulations and standards for post-disaster redevelopment, and such standards shall address the replacement, removal, relocation or structural modification of damaged and unsafe structures and infrastructure and distinguish between the recovery phase and long-term redevelopment. Section 9. That Goal E.6 of the Clearwater Comprehensive Plan Coastal Management Element, as renumbered by this ordinance, be deleted as follows, and its subsequent Objectives and Policies be renumbered: ` 9 Ordinance No. 9048-17 E.6 GOAL – THE PRESERVATION OF ECONOMIC ACTIVITY WITHIN THE COASTAL STORM AREA IS A PRIORTY FOR THE CITY. ***** Section 10. That Policies E.5.4.1through E.5.4.3 of the Clearwater Comprehensive Plan Coastal Management Element be added, with subsequent Policies renumbered, and that Policy E.5.4.5, as renumbered, be amended to fix a typographical error: ***** E.5.4.1 The City will encourage the preservation of recreational and commercial working waterfronts and marinas and other water-dependent facilities. E.5.4.2 The City discourages the rezoning of recreational and commercial working waterfronts. E.5.4.3 The City will support accessory transient marina docks or slips through the Community Development Code and special area plans. ***** E.5.4.5 To einsure land use compatibility, commercial marinas operated as a primary use shall not be located adjacent to residential land uses unless screening or adequate landscaped buffering is provided. Accessory use marina facilities may be located adjacent to residential land uses in accordance with the Community Development Code. ***** Section 12. That Maps E-1A, E-1B, E-2 and E-3 of the Clearwater Comprehensive Plan be replaced with the maps attached as Composite Exhibit A: Section 13. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 14. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. ` 10 Ordinance No. 9048-17 PASSED ON FIRST READING _____________________ PASSED, AS AMENDED, ON SECOND AND FINAL READING AND ADOPTED _____________________ ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk MISS OURI DOUGLASCHESTNUTCOURTCity of Clearwater Comprehensive Plan 2017 Prepared by:Planning & Development DepartmentLong Range Division100 S. Myrtle Ave, Clearwater, FL 33756www.MyClearwater.com N.T.S.Scale: Disclaimer:Public information data is furnished by the City of Clearwater EngineeringDepartment, and must be accepted and used by the recipient with theunderstanding that the data received was collected for the purpose ofdeveloping a graphic infrastructure inventory. As such, the City of Clearwatermakes no warranties, expressed or implied, concerning the accuracy,completeness, reliability, or suitability of this data for any other particularuse. Furthermore, the City of Clearwater assumes no liability whatsoeverassociated with the use or misuse of such data. Coastal Storm Area Map #: E-1A Tampa Bay Regional Planning Council12/16Source: Legend Date : 6/1/2017 ²EvacuationLevel A Included in the Coastal Storm Area Flood Zone VE(FEMA Velocity Zone) Cat. 1 Storm Surge(Coastal High HazardArea - CHHA) Parcels where Cat. 1Storm Surge ≥ 20% ofthe parcel, or thoseportions of an islandnot inundated by a Cat. 1 Storm Surge. Areas of FEMA VelocityZone not included inEvacuation Level A.Includes the entireparcel where VE Zone≥ 20% of the parcel. Excluded from the Coastal Storm Area Outside Service Area Locations atop theClearwater Bay Bluffs Surge Category 5Boundary used todetermine BluffArea Clearwater PlanningArea Note: Please contact the Planning and DevelopmentDepartment for a larger, more detailed map. Exhibit A-1 US-19DREW GULF-TO-BAYHERCULESNE COACHMANS R 5 9 0 BAYSI DE BRI DGECity of Clearwater Comprehensive Plan 2017 Prepared by:Planning & Development DepartmentLong Range Division100 S. Myrtle Ave, Clearwater, FL 33756www.MyClearwater.com N.T.S.Scale: Disclaimer:Public information data is furnished by the City of Clearwater EngineeringDepartment, and must be accepted and used by the recipient with theunderstanding that the data received was collected for the purpose ofdeveloping a graphic infrastructure inventory. As such, the City of Clearwatermakes no warranties, expressed or implied, concerning the accuracy,completeness, reliability, or suitability of this data for any other particularuse. Furthermore, the City of Clearwater assumes no liability whatsoeverassociated with the use or misuse of such data. Coastal Storm Area Map #: E-1B Tampa Bay Regional Planning Council12/16Source: Legend Date : 6/1/2017 ² EvacuationLevel A Included in the Coastal Storm Area Flood Zone VE(FEMA Velocity Zone) Cat. 1 Storm Surge(Coastal High HazardArea - CHHA) Parcels where Cat. 1Storm Surge ≥ 20% ofthe parcel, or thoseportions of an islandnot inundated by a Cat. 1 Storm Surge. Areas of FEMA VelocityZone not included inEvacuation Level A.Includes the entireparcel where VE Zone≥ 20% of the parcel. Excluded from the Coastal Storm Area Outside Service Area Locations atop theClearwater Bay Bluffs Surge Category 5Boundary used todetermine BluffArea Clearwater PlanningArea Note: Please contact the Planning and DevelopmentDepartment for a larger, more detailed map. Exhibit A-2 DUNEDIN LARGO OLDSMAR US-19DREWKEENESR 580 HIGHLANDUNION NURSERY SUNSET POINT BELLEAIR GULF-TO-BAYHERCULES COUNTRYSIDEBELCHERMcMULLEN BOOTHNE COACHMANMISSOURIDOUGLASE N T E R P RIS E CHESTNUT NORTHSIDE COURT S R 5 9 0 CURLEW US-19UNION BAYSI DE BRI DGECity of Clearwater Comprehensive Plan 2017 Prepared by:Planning & Development DepartmentLong Range Division100 S. Myrtle Ave, Clearwater, FL 33756www.MyClearwater.com² N.T.S.Scale: Disclaimer:Public information data is furnished by the City of Clearwater EngineeringDepartment, and must be accepted and used by the recipient with theunderstanding that the data received was collected for the purpose ofdeveloping a graphic infrastructure inventory. As such, the City of Clearwatermakes no warranties, expressed or implied, concerning the accuracy,completeness, reliability, or suitability of this data for any other particularuse. Furthermore, the City of Clearwater assumes no liability whatsoeverassociated with the use or misuse of such data. Hurricane Storm Surge Areas Map #: E-2 SAFETY HARBOR Tampa Bay Regional Planning Council12/16Source: Legend Date : 6/2/2017 Category 1 2 3 4 5 Clearwater Planning Area Outside Service Area Exhibit A-3 DUNEDIN LARGO OLDSMAR US-19DREWKEENESR 580 HIGHLANDUNION NURSERY SUNSET POINT BELLEAIR GULF-TO-BAYHERCULES COUNTRYSIDEBELCHERMcMULLEN BOOTHNE COACHMANMISSOURIDOUGLASE N T E R P RIS E CHESTNUT NORTHSIDE COURT S R 5 9 0 CURLEW US-19UNION BAYSI DE BRI DGECity of Clearwater Comprehensive Plan 2017 Prepared by:Planning & Development DepartmentLong Range Division100 S. Myrtle Ave, Clearwater, FL 33756www.MyClearwater.com² N.T.S.Scale: Disclaimer:Public information data is furnished by the City of Clearwater EngineeringDepartment, and must be accepted and used by the recipient with theunderstanding that the data received was collected for the purpose ofdeveloping a graphic infrastructure inventory. As such, the City of Clearwatermakes no warranties, expressed or implied, concerning the accuracy,completeness, reliability, or suitability of this data for any other particularuse. Furthermore, the City of Clearwater assumes no liability whatsoeverassociated with the use or misuse of such data. Hurricane Evacuation Zones Map #: E-3 SAFETY HARBOR Tampa Bay Regional Planning Council5/17Source: Legend Date : 6/2/2017 Evacuation Zone A B C D E Clearwater Planning Area Outside Service Area Exhibit A-4 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9066-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9066-17 on second reading, annexing certain real property whose post office address is 921 Berkley Place, Clearwater, Florida 33765, together with certain rights-of-way of Berkley Place and Palmetto Street, 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 12/1/2017 Ordinance No. 9066-17 ORDINANCE NO. 9066-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BERKLEY PLACE APPROXIMATELY 500 FEET NORTH OF NE COACHMAN ROAD, WHOSE POST OFFICE ADDRESS IS 921 BERKLEY PLACE, CLEARWATER, FLORIDA 33765, TOGETHER WITH CERTAIN RIGHTS-OF-WAY OF BERKLEY PLACE AND PALMETTO STREET INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit A for Legal Descriptions (ANX2017-06014) The map attached as Exhibit B is hereby incorporated by referen ce. 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. 9066-17 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 ANX2017‐06014 ========================================================================================= No. Parcel ID Legal Description Address 1. 07-26-16-65898-004-0010 Lot 1, Block D 921 Berkley Place TOGETHER WITH: That portion of Palmetto Street lying North of and adjoining Lot 1, Block D, PALMETTO TERRACE, as recorded in Plat Book 39, Page 75, of the Public Records of Pinellas County, Florida. together with all Right-of-Way of Berkley Place abutting Lots 5, Lot 6, Lot Block D; together with all Right-of-Way of Palmetto Street abutting Lot 8, Block A; The above, in PALMETTO TERRACE, as recorded in PLAT BOOK 39, PAGE 75, of the Public Records of Pinellas County, Florida; together with all Right-of-Way of Palmetto Street from Belcher Road (CR 501) to Candler Road. Exhibit B 55 3050 1 4 1.39 23/021 6050 603333606 0 6 0 65898C B A D 1 23 4 5 6 7 8 9 101112131415161718 1 2 3 4 5 6 1 2 3 4 5 6 7 89 10 11 12 13 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 50 50 A C(C)N BELCHER RD H E M E R IC K P L PALMETTO ST ARLINGTON PL BERKLEY PL N E C O A C H M A N R D CANDLER RD 831 821 901 810 911 831 2 2 3 3 2 2 3 6221322092 2 1 62205 2 2 4 8 2 2 3 2 1011 22232230221722122 2 4 0 2 2 1 4 2236222422052209225422292 2 2 0 2 2 3 222062221 2 2 1 622011052 811 911 8 0 0 910 901 811 921 22132 2 0 9 22422 2 0 5 2 2 2 1 2 2 0 0 22482 2 2 5 2 2 1 7 2 2 2 4 2 2 2 9 2 2 2 8 2 2 2 4 2 2 3 7 2 2 3 5 2 2 0 1 2 2 4 8 2 2 1 3 -Not to Scale--Not a Survey-Rev. 7/11/2017 PROPOSED ANNEXATION Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR RANGE AVE N BELCHER RD N E C O A C H M A N R D PALMETTO ST CANDLER RD FOREST GLEN RD SHARKEY RD LANTERN WAY H E M E R ICK P L MARILYN ST ARLINGTON PL BERKLEY PL ANNA AVE CARRIAGE LN ACORN CT SHARKEY RD -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 7/11/2017 PROJECT SITE PROJECT SITE PROJECT SITE LOCATION MAP Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR AERIAL PHOTOGRAPH Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR N BELCHER RD N BELCHER RD H E M E R IC K P L H E M E R IC K P L PALMETTO ST PALMETTO ST ARLINGTON PL ARLINGTON PL BERKLEY PL BERKLEY PL N E C O A C H M A N R D N E C O A C H M A N R D CANDLER RD CANDLER RD -Not to Scale--Not a Survey-Rev. 7/10/2017 55 3050 1 4 1.39 23/021 6050 603333606 0 6 0 65898C B A D 1 23 4 5 6 7 8 9 101112131415161718 1 2 3 4 5 6 1 2 3 4 5 6 7 89 10 11 12 13 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 50 50 A C(C)N BELCHER RD H E M E R IC K P L PALMETTO ST ARLINGTON PL BERKLEY PL N E C O A C H M A N R D CANDLER RD 831 821 901 810 911 831 2 2 3 3 2 2 3 6221322092 2 1 62205 2 2 4 8 2 2 3 2 1011 22232230221722122 2 4 0 2 2 1 4 2236222422052209225422292 2 2 0 2 2 3 222062221 2 2 1 622011052 811 911 8 0 0 910 901 811 921 22132 2 0 9 22422 2 0 5 2 2 2 1 2 2 0 0 22482 2 2 5 2 2 1 7 2 2 2 4 2 2 2 9 2 2 2 8 2 2 2 4 2 2 3 7 2 2 3 5 2 2 0 1 2 2 4 8 2 2 1 3 -Not to Scale--Not a Survey-Rev. 7/11/2017 EXISTING SURROUNDING USES MAP Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking east at the subject property 921 Berkley Place North of the subject property South of the subject property Across the street, to the west of the subject property ANX2017-06014 Mary Vafiades 921 Berkley Place View looking northerly along Lakeview Road View looking southerly along Lakeview Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9067-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9067-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 921 Berkley Place, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 Ordinance No. 9067-17 ORDINANCE NO. 9067-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BERKLEY PLACE APPROXIMATELY 500 FEET NORTH OF NE COACHMAN ROAD, WHOSE POST OFFICE ADDRESS IS 921 BERKLEY PLACE, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See Exhibit A for Legal Description Residential Urban (RU) (ANX2017-06014) The map attached as Exhibit B is hereby incorporated by referen ce. 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. 9066-17. Ordinance No. 9067-17 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 ANX2017‐06014 ========================================================================================= No. Parcel ID Legal Description Address 1. 07-26-16-65898-004-0010 Lot 1, Block D 921 Berkley Place TOGETHER WITH: That portion of Palmetto Street lying North of and adjoining Lot 1, Block D, PALMETTO TERRACE, as recorded in Plat Book 39, Page 75, of the Public Records of Pinellas County, Florida. The above, in PALMETTO TERRACE, as recorded in PLAT BOOK 39, PAGE 75, of the Public Records of Pinellas County, Florida; Exhibit B 55 3050 1 4 3 2.35 1.39 23/021 6050 603333606 0 6 0 65898C B A D 1 23 4 5 6 7 8 9 101112131415161718 1 2 3 4 5 6 1 2 3 4 5 6 7 89 10 11 12 13 14 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 50 50 A C(C) A C I RU RU RE RU RE RU RE N BELCHER RD H E M E R IC K P L PALMETTO ST ARLINGTON PL BERKLEY PL N E C O A C H M A N R D CANDLER RD 831 821 901 810 911 2 2 3 3 2 2 3 6221322092 2 1 6 1053 220522692 2 4 8 2 2 3 2 1011 22232230221722122 2 4 0 2 2 1 4 2236222422052209225422292 2 2 0 2 2 3 22206222122011052 811 911 8 0 0 910 901 811 921 831 22132 2 0 9 22422 2 0 2 2 2 1 2 2 0 0 22482 2 2 5 2 2 1 7 2 2 2 4 2 2 2 9 2 2 2 8 2 2 2 4 2 2 3 7 2 2 4 8 2 2 1 3 -Not to Scale--Not a Survey-Rev. 7/12/2017 FUTURE LAND USE MAP Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR RANGE AVE N BELCHER RD N E C O A C H M A N R D PALMETTO ST CANDLER RD FOREST GLEN RD SHARKEY RD LANTERN WAY H E M E R ICK P L MARILYN ST ARLINGTON PL BERKLEY PL ANNA AVE CARRIAGE LN ACORN CT SHARKEY RD -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 7/11/2017 PROJECT SITE PROJECT SITE PROJECT SITE LOCATION MAP Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR AERIAL PHOTOGRAPH Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR N BELCHER RD N BELCHER RD H E M E R IC K P L H E M E R IC K P L PALMETTO ST PALMETTO ST ARLINGTON PL ARLINGTON PL BERKLEY PL BERKLEY PL N E C O A C H M A N R D N E C O A C H M A N R D CANDLER RD CANDLER RD -Not to Scale--Not a Survey-Rev. 7/10/2017 55 3050 1 4 1.39 23/021 6050 603333606 0 6 0 65898C B A D 1 23 4 5 6 7 8 9 101112131415161718 1 2 3 4 5 6 1 2 3 4 5 6 7 89 10 11 12 13 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 50 50 A C(C)N BELCHER RD H E M E R IC K P L PALMETTO ST ARLINGTON PL BERKLEY PL N E C O A C H M A N R D CANDLER RD 831 821 901 810 911 831 2 2 3 3 2 2 3 6221322092 2 1 62205 2 2 4 8 2 2 3 2 1011 22232230221722122 2 4 0 2 2 1 4 2236222422052209225422292 2 2 0 2 2 3 222062221 2 2 1 622011052 811 911 8 0 0 910 901 811 921 22132 2 0 9 22422 2 0 5 2 2 2 1 2 2 0 0 22482 2 2 5 2 2 1 7 2 2 2 4 2 2 2 9 2 2 2 8 2 2 2 4 2 2 3 7 2 2 3 5 2 2 0 1 2 2 4 8 2 2 1 3 -Not to Scale--Not a Survey-Rev. 7/11/2017 EXISTING SURROUNDING USES MAP Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking east at the subject property 921 Berkley Place North of the subject property South of the subject property Across the street, to the west of the subject property ANX2017-06014 Mary Vafiades 921 Berkley Place View looking northerly along Lakeview Road View looking southerly along Lakeview Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9068-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9068-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 921 Berkley Place, Clearwater, Florida 33765, 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 12/1/2017 Ordinance No. 9068-17 ORDINANCE NO. 9068-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BERKLEY PLACE APPROXIMATELY 500 FEET NORTH OF NE COACHMAN ROAD, WHOSE POST OFFICE ADDRESS IS 921 BERKLEY PLACE, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: 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. 9066-17. Property Zoning District See Exhibit A for Legal Description Low Medium Density Residential (LMDR) (ANX2017-06014) Ordinance No. 9068-17 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 ANX2017‐06014 ========================================================================================= No. Parcel ID Legal Description Address 1. 07-26-16-65898-004-0010 Lot 1, Block D 921 Berkley Place TOGETHER WITH: That portion of Palmetto Street lying North of and adjoining Lot 1, Block D, PALMETTO TERRACE, as recorded in Plat Book 39, Page 75, of the Public Records of Pinellas County, Florida. The above, in PALMETTO TERRACE, as recorded in PLAT BOOK 39, PAGE 75, of the Public Records of Pinellas County, Florida; Exhibit B 55 3050 1 2 5 4 3 2.35 23/02 1.39 23/021 6050 603333606 0 6 0 65898C B A D 1 234 5 6 7 8 9 101112131415161718 1 2 3 4 5 6 1 2 3 4 5 6 7 89 10 11 12 13 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.44050 5030 2 4 A C(C) A C N BELCHER RD PALMETTO ST H E M E R IC K P L ARLINGTON PL N E C O A C H M A N R D BERKLEY PL CANDLER RD I LMDR O C IRT 831 800 821 901 810 810 906 911 900 831 2 2 3 3 2 2 3 6221322092 2 1 6 1094 1053 220522692 2 4 8 2 2 3 2 1011 2223221722122 2 4 0 2263 2 2 1 2 2 2 1 4 223622052209225422292 2 2 0 1016 22752 2 3 222062221 2 2 1 622011052 2 2 3 5 811 911 8 0 0 910 901 811 921 830 770 22132 2 0 9 22422 2 0 5 2 2 2 12230 2 2 0 0 224822242 2 2 5 2 2 2 2 1 7 2 2 2 4 2 2 2 9 22802 2 2 8 2 2 2 4 2 2 3 7 2 2 0 1 2 2 4 8 2 2 1 3 -Not to Scale--Not a Survey-Rev. 7/12/2017 ZONING MAP Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR RANGE AVE N BELCHER RD N E C O A C H M A N R D PALMETTO ST CANDLER RD FOREST GLEN RD SHARKEY RD LANTERN WAY H E M E R ICK P L MARILYN ST ARLINGTON PL BERKLEY PL ANNA AVE CARRIAGE LN ACORN CT SHARKEY RD -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 7/11/2017 PROJECT SITE PROJECT SITE PROJECT SITE LOCATION MAP Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR AERIAL PHOTOGRAPH Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR N BELCHER RD N BELCHER RD H E M E R IC K P L H E M E R IC K P L PALMETTO ST PALMETTO ST ARLINGTON PL ARLINGTON PL BERKLEY PL BERKLEY PL N E C O A C H M A N R D N E C O A C H M A N R D CANDLER RD CANDLER RD -Not to Scale--Not a Survey-Rev. 7/10/2017 55 3050 1 4 1.39 23/021 6050 603333606 0 6 0 65898C B A D 1 23 4 5 6 7 8 9 101112131415161718 1 2 3 4 5 6 1 2 3 4 5 6 7 89 10 11 12 13 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 50 50 A C(C)N BELCHER RD H E M E R IC K P L PALMETTO ST ARLINGTON PL BERKLEY PL N E C O A C H M A N R D CANDLER RD 831 821 901 810 911 831 2 2 3 3 2 2 3 6221322092 2 1 62205 2 2 4 8 2 2 3 2 1011 22232230221722122 2 4 0 2 2 1 4 2236222422052209225422292 2 2 0 2 2 3 222062221 2 2 1 622011052 811 911 8 0 0 910 901 811 921 22132 2 0 9 22422 2 0 5 2 2 2 1 2 2 0 0 22482 2 2 5 2 2 1 7 2 2 2 4 2 2 2 9 2 2 2 8 2 2 2 4 2 2 3 7 2 2 3 5 2 2 0 1 2 2 4 8 2 2 1 3 -Not to Scale--Not a Survey-Rev. 7/11/2017 EXISTING SURROUNDING USES MAP Owner(s): Mary Vafiades Case: ANX2017-06014 Site: 921 Berkley Place Property Size(Acres): ROW (Acres): 0.265 0.546 Land Use Zoning PIN: 07-29-16-65898-004-0010 From : RU R-3 Atlas Page: 281A To: RU LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking east at the subject property 921 Berkley Place North of the subject property South of the subject property Across the street, to the west of the subject property ANX2017-06014 Mary Vafiades 921 Berkley Place View looking northerly along Lakeview Road View looking southerly along Lakeview Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9069-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9069-17 on second reading, annexing certain real properties whose post office addresses are 901, 911, and 917 Glen Oak Avenue East, 3025 and 3061 Glen Oak Avenue North, 3026 Grand View Avenue, 3046 and 3053 Hoyt Avenue, 3065 and 3071 Merrill Avenue, 911 Moss Avenue, and two unaddressed parcels more appropriately known as Lake Louise and Lake Carol, all in Clearwater, Florida, 33759, 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 12/1/2017 Ordinance No. 9069-17 ORDINANCE NO. 9069-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 901, 911, AND 917 GLEN OAK AVENUE EAST, 3025 AND 3061 GLEN OAK AVENUE NORTH, 3026 GRAND VIEW AVENUE, 3046 AND 3053 HOYT AVENUE, 3065 AND 3071 MERRILL AVENUE, 911 MOSS AVENUE, AND TWO UNADDRESSED PARCELS MORE APPROPRIATELY KNOWN AS LAKE LOUISE AND LAKE CAROL, ALL IN CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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 properties 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; (ANX2017-07015, ANX2017-08016, ANX2017-08018) 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. 9069-17 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 Address Legal Description No. Parcel ID. 901 Glen Oak Avenue East Lot 8, Block C, KAPOK TERRACE, according to the plat thereof, recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida 09‐29‐16‐45126‐003‐0080 911 Glen Oak Avenue East Lot 10, Block C, KAPOK TERRACE SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 36, page 14 of the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0100 917 Glen Oak Avenue East Lot 12, Block C, KAPOK TERRACE, according to the map or plat thereof, as recorded in Plat Book 36, Pages 14‐15, Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0120 3025 Glen Oak Avenue North Lot 7, Block E, KAPOK TERRACE, according to the plat thereof, recorded in Plat Book 36, Page 14 and 15 of the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐005‐0070 3061 Glen Oak Avenue North Lot 1, Block E, KAPOK TERRACE, according to Map or Plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida 09‐26‐16‐45126‐005‐0010 Unaddressed Grand View Avenue (Lake Louise) Kapok Terrace Subdivision Block G, Lake Louise and Park Area to west 09‐29‐16‐45126‐007‐0140 3026 Grand View Avenue Lot 9, Block G, KAPOK TERRACE SUBDIVISION, according to the plat thereof as recorded in Plat Book 36, Page 14, Public Records of Pinellas County, Florida 09‐29‐16‐45126‐007‐0090 3046 Hoyt Avenue Lot 12, Block I, Kapok Terrace First Addition, according to the map or plat thereof, as recorded in Plat Book 49, Pages 48, of the Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0120 3053 Hoyt Avenue Lot 6, Block J, KAPOK TERRACE, FIRST ADDITION, according to the map or plat thereof as recorded in Plat Book 49, page 48, of the Public Records of Pinellas County, Florida. 09‐26‐16‐45144‐010‐0060 3065 Merrill Avenue Lot 4, Block I, Kapok Terrace First Addition, according to the plat thereof, as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida 09‐29‐16‐45144‐009‐0040 Exhibit A Address Legal Description No. Parcel ID. 3071 Merrill Avenue Lot 3, Block I, KAPOK TERRACE FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0030 Unaddressed Moss Avenue (Lake Carol) Kapok Terrace Subdivision Block F, Lake Carol and Park Area in northwest corner of Block 09‐29‐16‐45126‐006‐0070 911 Moss Avenue A portion of Lot 2, Block F, Kapok Terrace, as recorded in Plat Book 36, Page 14 and 15, of the Public Records of Pinellas County, Florida, more particularly described as follows: Commence at the Pt of Lot 1 of said Block F, fronting on Moss Avenue (60’ R.O.W.), thence S 01 degrees 07 minutes 32 seconds E, 49.98 feet to the Point of Beginning; thence continue S 01 degrees 07 minutes 32 seconds E, 39.18 feet along the Westerly right‐of‐way of said Moss Avenue to the PC of a curve concave to the left, having a radius of 590 feet and a delta of 02 degrees 12 minutes 34 seconds, thence along said curve, 22.75 feet along said Moss right‐of‐way to a P.O.C.; thence S 85 degrees 36 minutes 30 seconds W, 133.56 feet; thence N 01 degrees 58 minutes 30 seconds W, 61.76 feet, thence N 85 degrees 27 minutes 50 seconds E, 134.45 feet to the said Westerly right‐of‐way of Moss Avenue, said point also being the point of beginning. 09‐29‐16‐45126‐006‐0020 Exhibit B 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 208 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 13141516 17 18 19 20 29 303132 33 34 35 36 53 A B C D (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD SAN MATEO ST SAN BERNADINO S 932 920 914 906 904 8 0 6 8 0 0 808 7 1 2 501 800 601 923 602 8 0 1 607 7 0 8 809 801 815 701 511 707 924 907 900 807 510 600 30693064303531083001305830193010303430033059299830303111306530533041301330423080303630593012304730403012306430763025300130213024307230503036304730003060301930533041304730713108300630713000303130133055303530413006306531123059304930773029311430073035304130583041302330413070311330483052302430583112302030063077308130183000304030463047302430633030307630523070304030643046307530573076307430473070304431133035310030523007307730063040303130252950310230183012304630343030916 912 910 908901 911 918 9 0 6 915 917 91 1 30613012307130403113310731043109302530533065304630533026-Not to Scale--Not a Survey-Rev. 9/21/2017 PROPOSED ANNEXATION Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature Overlay LMDR MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE CHAMBLEE LN HOYT AVE MISSION CIR GRAND VIEW AVE BORDEAUX LN WOLFE RD SAN JOSE ST LAKE VISTA DR KAPOK CIR GLEN OAK AVE N RUTH ECKERD HALL DR THOMAS RD SAN PEDRO ST KAPOK KOVE CIR TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST SAN MATEO ST -Not to Scale--Not a Survey-^ Rev. 9/21/2017 ^^ PROJECT SITES ^ ^^ ^^^^^^ LOCATION MAP Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature LMDR MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE EWOLFE RD WOLFE RD THOMAS RD THOMAS RD SAN MATEO ST SAN MATEO ST -Not to Scale--Not a Survey-Rev. 9/21/2017 AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature LMDR 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 208 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 13141516 17 18 19 20 29 303132 33 34 35 36 53 A B C D (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD SAN MATEO ST SAN BERNADINO S 932 920 914 906 904 8 0 6 8 0 0 808 7 1 2 501 800 601 923 602 8 0 1 607 7 0 8 809 801 815 701 511 707 924 907 900 807 510 600 30693064303531083001305830193010303430033059299830303111306530533041301330423080303630593012304730403012306430763025300130213024307230503036304730003060301930533041304730713108300630713000303130133055303530413006306531123059304930773029311430073035304130583041302330413070311330483052302430583112302030063077308130183000304030463047302430633030307630523070304030643046307530573076307430473070304431133035310030523007307730063040303130252950310230183012304630343030916 912 910 908901 911 918 9 0 6 915 917 91 1 30613012307130403113310731043109302530533065304630533026-Not to Scale--Not a Survey-Rev. 9/21/2017 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Retail Sales and Service Retail Sales and Service Single Family Residential Park Land Trail and Park Land Park Land Single Family Residential View looking east at the subject property, 901 Glen Oak Avenue East View looking east at the subject property, 911 Glen Oak Avenue East View looking northeast at the subject property, 917 Glen Oak Avenue E View looking northerly along Glen Oak Avenue East ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses View looking southerly along Glen Oak Avenue East View looking south at the subject property, 3025 Glen Oak Avenue North View looking south at the subject property, 3061 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking north at the subject property, 3026 Grand View Avenue ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking north at the subject property3046 Hoyt Avenue View looking south at the subject property 3053 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses View looking south at the subject property, 3065 Merrill Avenue View looking south at the subject property, 3071 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9070-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9070-17 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 901, 911, and 917 Glen Oak Avenue East, 3025 and 3061 Glen Oak Avenue North, 3026 Grand View Avenue, 3046 and 3053 Hoyt Avenue, 3065 and 3071 Merrill Avenue, 911 Moss Avenue, and two unaddressed parcels more appropriately known as Lake Louise and Lake Carol, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Water Drainage Feature Overlay. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 Ordinance No. 9070-17 ORDINANCE NO. 9070-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 901, 911, AND 917 GLEN OAK AVENUE EAST, 3025 AND 3061 GLEN OAK AVENUE NORTH, 3026 GRAND VIEW AVENUE, 3046 AND 3053 HOYT AVENUE, 3065 AND 3071 MERRILL AVENUE, 911 MOSS AVENUE, AND TWO UNADDRESSED PARCELS MORE APPROPRIATELY KNOWN AS LAKE LOUISE AND LAKE CAROL, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND WATER DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions; Residential Low (RL) and Water Drainage Feature Overlay (ANX2017-07015, ANX2017-08016, ANX2017-08018) 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. 9069-17. Ordinance No. 9070-17 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 Address Legal Description No. Parcel ID. 901 Glen Oak Avenue East Lot 8, Block C, KAPOK TERRACE, according to the plat thereof, recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida 09‐29‐16‐45126‐003‐0080 911 Glen Oak Avenue East Lot 10, Block C, KAPOK TERRACE SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 36, page 14 of the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0100 917 Glen Oak Avenue East Lot 12, Block C, KAPOK TERRACE, according to the map or plat thereof, as recorded in Plat Book 36, Pages 14‐15, Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0120 3025 Glen Oak Avenue North Lot 7, Block E, KAPOK TERRACE, according to the plat thereof, recorded in Plat Book 36, Page 14 and 15 of the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐005‐0070 3061 Glen Oak Avenue North Lot 1, Block E, KAPOK TERRACE, according to Map or Plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida 09‐26‐16‐45126‐005‐0010 Unaddressed Grand View Avenue (Lake Louise) Kapok Terrace Subdivision Block G, Lake Louise and Park Area to west 09‐29‐16‐45126‐007‐0140 3026 Grand View Avenue Lot 9, Block G, KAPOK TERRACE SUBDIVISION, according to the plat thereof as recorded in Plat Book 36, Page 14, Public Records of Pinellas County, Florida 09‐29‐16‐45126‐007‐0090 3046 Hoyt Avenue Lot 12, Block I, Kapok Terrace First Addition, according to the map or plat thereof, as recorded in Plat Book 49, Pages 48, of the Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0120 3053 Hoyt Avenue Lot 6, Block J, KAPOK TERRACE, FIRST ADDITION, according to the map or plat thereof as recorded in Plat Book 49, page 48, of the Public Records of Pinellas County, Florida. 09‐26‐16‐45144‐010‐0060 3065 Merrill Avenue Lot 4, Block I, Kapok Terrace First Addition, according to the plat thereof, as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida 09‐29‐16‐45144‐009‐0040 Exhibit A Address Legal Description No. Parcel ID. 3071 Merrill Avenue Lot 3, Block I, KAPOK TERRACE FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0030 Unaddressed Moss Avenue (Lake Carol) Kapok Terrace Subdivision Block F, Lake Carol and Park Area in northwest corner of Block 09‐29‐16‐45126‐006‐0070 911 Moss Avenue A portion of Lot 2, Block F, Kapok Terrace, as recorded in Plat Book 36, Page 14 and 15, of the Public Records of Pinellas County, Florida, more particularly described as follows: Commence at the Pt of Lot 1 of said Block F, fronting on Moss Avenue (60’ R.O.W.), thence S 01 degrees 07 minutes 32 seconds E, 49.98 feet to the Point of Beginning; thence continue S 01 degrees 07 minutes 32 seconds E, 39.18 feet along the Westerly right‐of‐way of said Moss Avenue to the PC of a curve concave to the left, having a radius of 590 feet and a delta of 02 degrees 12 minutes 34 seconds, thence along said curve, 22.75 feet along said Moss right‐of‐way to a P.O.C.; thence S 85 degrees 36 minutes 30 seconds W, 133.56 feet; thence N 01 degrees 58 minutes 30 seconds W, 61.76 feet, thence N 85 degrees 27 minutes 50 seconds E, 134.45 feet to the said Westerly right‐of‐way of Moss Avenue, said point also being the point of beginning. 09‐29‐16‐45126‐006‐0020 Exhibit B 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 208 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 13141516 17 18 19 20 29 303132 33 34 35 36 53 A B C D (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD SAN MATEO ST SAN BERNADINO S RL RL RL CG RLRLP RL RL R/OS CG R/OS RU RU R/OS RL RL RL RL RU RU RU P R/OS RL RH R/OS 932 920 906 8 0 6 808 800 601 923 8 0 1 708 809 801 815 707 924 907 900 807 510 60030013019 3003299830133080302530013024305030003060301930003013311230073023302430203006301830003024305730443113305230073006295030123030916914 912 910 908 904 901 8 0 0 7 1 2 501 911 918 602 9 06 915 917 607 701 511 9 1 1 3069306430353108305830103061303430593030311130653053304130423036301230593012304730403012306430763021307130723036304730533041304730713108300630713031305530353041300630653059304930773029311430353041305830413041307030403113310731133048305230583112307730813040310430463047306330303076305230703040306430463075310930763025307430533047306530463070305330263035310030773040303130253102301830463034-Not to Scale--Not a Survey-Rev. 9/21/2017 FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature Overlay LMDR MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE CHAMBLEE LN HOYT AVE MISSION CIR GRAND VIEW AVE BORDEAUX LN WOLFE RD SAN JOSE ST LAKE VISTA DR KAPOK CIR GLEN OAK AVE N RUTH ECKERD HALL DR THOMAS RD SAN PEDRO ST KAPOK KOVE CIR TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST SAN MATEO ST -Not to Scale--Not a Survey-^ Rev. 9/21/2017 ^^ PROJECT SITES ^ ^^ ^^^^^^ LOCATION MAP Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature LMDR MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE EWOLFE RD WOLFE RD THOMAS RD THOMAS RD SAN MATEO ST SAN MATEO ST -Not to Scale--Not a Survey-Rev. 9/21/2017 AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature LMDR 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 208 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 13141516 17 18 19 20 29 303132 33 34 35 36 53 A B C D (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD SAN MATEO ST SAN BERNADINO S 932 920 914 906 904 8 0 6 8 0 0 808 7 1 2 501 800 601 923 602 8 0 1 607 7 0 8 809 801 815 701 511 707 924 907 900 807 510 600 30693064303531083001305830193010303430033059299830303111306530533041301330423080303630593012304730403012306430763025300130213024307230503036304730003060301930533041304730713108300630713000303130133055303530413006306531123059304930773029311430073035304130583041302330413070311330483052302430583112302030063077308130183000304030463047302430633030307630523070304030643046307530573076307430473070304431133035310030523007307730063040303130252950310230183012304630343030916 912 910 908901 911 918 9 0 6 915 917 91 1 30613012307130403113310731043109302530533065304630533026-Not to Scale--Not a Survey-Rev. 9/21/2017 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Retail Sales and Service Retail Sales and Service Single Family Residential Park Land Trail and Park Land Park Land Single Family Residential View looking east at the subject property, 901 Glen Oak Avenue East View looking east at the subject property, 911 Glen Oak Avenue East View looking northeast at the subject property, 917 Glen Oak Avenue E View looking northerly along Glen Oak Avenue East ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses View looking southerly along Glen Oak Avenue East View looking south at the subject property, 3025 Glen Oak Avenue North View looking south at the subject property, 3061 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking north at the subject property, 3026 Grand View Avenue ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking north at the subject property3046 Hoyt Avenue View looking south at the subject property 3053 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses View looking south at the subject property, 3065 Merrill Avenue View looking south at the subject property, 3071 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9071-17 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9071-17 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 901, 911, and 917 Glen Oak Avenue East, 3025 and 3061 Glen Oak Avenue North, 3026 Grand View Avenue, 3046 and 3053 Hoyt Avenue, 3065 and 3071 Merrill Avenue, 911 Moss Avenue, and two unaddressed parcels more appropriately known as Lake Louise and Lake Carol, all in Clearwater, Florida, 33759, 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 12/1/2017 Ordinance No. 9071-17 ORDINANCE NO. 9071 -17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 901, 911, AND 917 GLEN OAK AVENUE EAST, 3025 AND 3061 GLEN OAK AVENUE NORTH, 3026 GRAND VIEW AVENUE, 3046 AND 3053 HOYT AVENUE, 3065 AND 3071 MERRILL AVENUE, 911 MOSS AVENUE, AND TWO UNADDRESSED PARCELS MORE APPROPRIATELY KNOWN AS LAKE LOUISE AND LAKE CAROL, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: 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. 9069-17. Property Zoning District See attached Exhibit A for Legal Descriptions; Low Medium Density Residential (LMDR) (ANX2017-07015, ANX2017-08016, ANX2017-08018) Ordinance No. 9071-17 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 Address Legal Description No. Parcel ID. 901 Glen Oak Avenue East Lot 8, Block C, KAPOK TERRACE, according to the plat thereof, recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida 09‐29‐16‐45126‐003‐0080 911 Glen Oak Avenue East Lot 10, Block C, KAPOK TERRACE SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 36, page 14 of the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0100 917 Glen Oak Avenue East Lot 12, Block C, KAPOK TERRACE, according to the map or plat thereof, as recorded in Plat Book 36, Pages 14‐15, Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐003‐0120 3025 Glen Oak Avenue North Lot 7, Block E, KAPOK TERRACE, according to the plat thereof, recorded in Plat Book 36, Page 14 and 15 of the Public Records of Pinellas County, Florida. 09‐29‐16‐45126‐005‐0070 3061 Glen Oak Avenue North Lot 1, Block E, KAPOK TERRACE, according to Map or Plat thereof as recorded in Plat Book 36, Pages 14 and 15, Public Records of Pinellas County, Florida 09‐26‐16‐45126‐005‐0010 Unaddressed Grand View Avenue (Lake Louise) Kapok Terrace Subdivision Block G, Lake Louise and Park Area to west 09‐29‐16‐45126‐007‐0140 3026 Grand View Avenue Lot 9, Block G, KAPOK TERRACE SUBDIVISION, according to the plat thereof as recorded in Plat Book 36, Page 14, Public Records of Pinellas County, Florida 09‐29‐16‐45126‐007‐0090 3046 Hoyt Avenue Lot 12, Block I, Kapok Terrace First Addition, according to the map or plat thereof, as recorded in Plat Book 49, Pages 48, of the Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0120 3053 Hoyt Avenue Lot 6, Block J, KAPOK TERRACE, FIRST ADDITION, according to the map or plat thereof as recorded in Plat Book 49, page 48, of the Public Records of Pinellas County, Florida. 09‐26‐16‐45144‐010‐0060 3065 Merrill Avenue Lot 4, Block I, Kapok Terrace First Addition, according to the plat thereof, as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida 09‐29‐16‐45144‐009‐0040 Exhibit A Address Legal Description No. Parcel ID. 3071 Merrill Avenue Lot 3, Block I, KAPOK TERRACE FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida. 09‐29‐16‐45144‐009‐0030 Unaddressed Moss Avenue (Lake Carol) Kapok Terrace Subdivision Block F, Lake Carol and Park Area in northwest corner of Block 09‐29‐16‐45126‐006‐0070 911 Moss Avenue A portion of Lot 2, Block F, Kapok Terrace, as recorded in Plat Book 36, Page 14 and 15, of the Public Records of Pinellas County, Florida, more particularly described as follows: Commence at the Pt of Lot 1 of said Block F, fronting on Moss Avenue (60’ R.O.W.), thence S 01 degrees 07 minutes 32 seconds E, 49.98 feet to the Point of Beginning; thence continue S 01 degrees 07 minutes 32 seconds E, 39.18 feet along the Westerly right‐of‐way of said Moss Avenue to the PC of a curve concave to the left, having a radius of 590 feet and a delta of 02 degrees 12 minutes 34 seconds, thence along said curve, 22.75 feet along said Moss right‐of‐way to a P.O.C.; thence S 85 degrees 36 minutes 30 seconds W, 133.56 feet; thence N 01 degrees 58 minutes 30 seconds W, 61.76 feet, thence N 85 degrees 27 minutes 50 seconds E, 134.45 feet to the said Westerly right‐of‐way of Moss Avenue, said point also being the point of beginning. 09‐29‐16‐45126‐006‐0020 Exhibit B 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 208 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 13141516 17 18 19 20 29 303132 33 34 35 36 53 A B C D (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C) A C(C) LMDR LMDR MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD SAN MATEO ST SAN BERNADINO S LMDR C P OS/R OS/R OS/R LDR 932 920 906 8 0 6 808 7 1 2 800 601 923 8 0 1 708 809 801 815 511 707 924 907 900 807 510 600 310830013019300329983030311130133080302530013024305030363060301930133112300730233024302030183000302430573044311330523007300629503030916914 912 910 908 904 901 8 0 0 501 911 918 602 9 06 915 917 607 701 9 1 1 3069306430353058301030613034305930653053304130423036301230593012304730403012306430763021307130723047300030533041304730713108300630713000303130553035304130063065305930493077302931143035304130583041304130703040311331073113304830523058311230063077308130403104304630473063303030763052307030403064304630753109307630253074305330473065304630703053302630353100307730403031302531023018301230463034-Not to Scale--Not a Survey-Rev. 9/21/2017 ZONING MAP Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature Overlay LMDR MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE CHAMBLEE LN HOYT AVE MISSION CIR GRAND VIEW AVE BORDEAUX LN WOLFE RD SAN JOSE ST LAKE VISTA DR KAPOK CIR GLEN OAK AVE N RUTH ECKERD HALL DR THOMAS RD SAN PEDRO ST KAPOK KOVE CIR TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST SAN MATEO ST -Not to Scale--Not a Survey-^ Rev. 9/21/2017 ^^ PROJECT SITES ^ ^^ ^^^^^^ LOCATION MAP Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature LMDR MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE EWOLFE RD WOLFE RD THOMAS RD THOMAS RD SAN MATEO ST SAN MATEO ST -Not to Scale--Not a Survey-Rev. 9/21/2017 AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature LMDR 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 208 45144 82890 45126 05311 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 13141516 17 18 19 20 29 303132 33 34 35 36 53 A B C D (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD SAN MATEO ST SAN BERNADINO S 932 920 914 906 904 8 0 6 8 0 0 808 7 1 2 501 800 601 923 602 8 0 1 607 7 0 8 809 801 815 701 511 707 924 907 900 807 510 600 30693064303531083001305830193010303430033059299830303111306530533041301330423080303630593012304730403012306430763025300130213024307230503036304730003060301930533041304730713108300630713000303130133055303530413006306531123059304930773029311430073035304130583041302330413070311330483052302430583112302030063077308130183000304030463047302430633030307630523070304030643046307530573076307430473070304431133035310030523007307730063040303130252950310230183012304630343030916 912 910 908901 911 918 9 0 6 915 917 91 1 30613012307130403113310731043109302530533065304630533026-Not to Scale--Not a Survey-Rev. 9/21/2017 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2017-07015; ANX2017-08016; ANX2017-08018 Site: Multiple Sites Property Size(Acres): ROW (Acres): 4.917 n/a Land Use Zoning PIN: (See attached sheet) From : RL / Undesignated R-3 Atlas Page: 283A To: RL / Water/Drainage Feature LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Retail Sales and Service Retail Sales and Service Single Family Residential Park Land Trail and Park Land Park Land Single Family Residential View looking east at the subject property, 901 Glen Oak Avenue East View looking east at the subject property, 911 Glen Oak Avenue East View looking northeast at the subject property, 917 Glen Oak Avenue E View looking northerly along Glen Oak Avenue East ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses View looking southerly along Glen Oak Avenue East View looking south at the subject property, 3025 Glen Oak Avenue North View looking south at the subject property, 3061 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking north at the subject property, 3026 Grand View Avenue ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking north at the subject property3046 Hoyt Avenue View looking south at the subject property 3053 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses View looking south at the subject property, 3065 Merrill Avenue View looking south at the subject property, 3071 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue ANX2017-07015, ANX2017-08016, ANX201-08018 Multiple Owners Multiple Addresses Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9080-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9080-17 on second reading, annexing certain real property whose post office address is 1712 Evans Drive, Clearwater, Florida 33759 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 12/1/2017 Ordinance No. 9080-17 ORDINANCE NO. 9080-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EVANS DRIVE APPROXIMATELY 260 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1712 EVANS DRIVE, CLEARWATER, FLORIDA 33759, 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 property described herein and depicted on the map attached hereto as Exhibit A 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 property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 4, Block 7, VIRGINIA GROVE TERRACE FOURTH ADDITION, according to the plat thereof, as recorded in Plat Book 37, Page 75 of the Public Records of Pinellas County, Florida; (ANX2017-08017) The map attached as Exhibit A is hereby incorporated by referen ce. 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. 9080-17 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 50 50 66 66 71424 94392943747 6 6 5 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 3340 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1219 20 21 22 23 24 25 26 27 28 29 30 19 20 21 22 23 24 25 26 27 28 29 30 605060 60 SR 590 OWEN DR EVANS DR LUCAS DR AUDREY DR 1747 1741 27201717 27001707 1721 1719 1728 1737 1732 1733 1737 1720 1701 1705 1700 1716 1737 1728 1733 1704 1736 1731 1742 1741 1705 1736 1740 1718 1725 1719 1709 1761 1749 1760 1701 1691 1733 1729 1716 1746 1737 1755 1707 1725 1718 1730 1706 1721 1745 1732 17081712 1713 1743 1754 1724 1704 1744 1725 1680 1717 1729 1701 1712 1740 1736 54 0 331724 1701 598 1749 0 1761 2 1743 6 8 1724 1604 1715 60 4 6 2 1712 -Not to Scale--Not a Survey-Rev. 8/9/2017 PROPOSED ANNEXATION Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR US-19 NSR 590 SUNSET POINT RD OWEN DR SOUTH DR ST. CROIX DR ST. JOHN DR CR 193 EDENWOOD ST EVANS DR MORNINGSIDE DR CATHERINE DR MISSION HILLS BLVD WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR CALAMONDIN LN N TERRACE DR CARDINAL DR MISSION DR WEL TRINDAD DR EWEST VIRGINIA LN SUE DR KUMQUAT DR SARAH DR NAVEL DR LORI DR FLINT DR WFEA TH ER D R DOVEWOOD ST ST. ANTHONY DR CANDLEWOOD ST COUNTRY LN ECOUNTRY LN WKINGSWOOD DR N TERRACE DR APPLEWOOD DR LEMONWOOD ST HARBOR CIR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 8/9/2017 LOCATION MAP Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR SR 590 SR 590 OWEN DR OWEN DR EVANS DR EVANS DR LUCAS DR LUCAS DR AUDREY DR AUDREY DR -Not to Scale--Not a Survey-Rev. 8/9/2017 AERIAL PHOTOGRAPH Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR 50 50 66 66 71424 94392943747 6 6 5 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 3340 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1219 20 21 22 23 24 25 26 27 28 29 30 19 20 21 22 23 24 25 26 27 28 29 30 605060 60 SR 590 OWEN DR EVANS DR LUCAS DR AUDREY DR 1747 1741 27201717 27001707 1721 1719 1728 1737 1732 1733 1737 1720 1701 1705 1700 1716 1737 1728 1733 1704 1736 1731 1742 1741 1705 1736 1740 1718 1725 1719 1709 1761 1749 1760 1701 1691 1733 1729 1716 1746 1737 1755 1707 1725 1718 1730 1706 1721 1745 1732 17081712 1713 1743 1754 1724 1704 1744 1725 1680 1717 1729 1701 1712 1740 1736 54 0 331724 1701 598 1749 0 1761 2 1743 6 8 1724 1604 1715 60 4 6 2 1712 -Not to Scale--Not a Survey-Rev. 8/9/2017 EXISTING SURROUNDING USES MAP Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR Single Family Residential ` Single Family Residential Single Family Residential View looking west at the subject property 1712 Evans Drive North of the subject property South of the subject property Across the street, to the east of the subject property ANX2017-08017 Ronald & Dominica Lane 1712 Evans Drive View looking northerly along Evans Drive View looking southerly along Evans Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9081-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 9081-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1712 Evans Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 Ordinance No. 9081-17 ORDINANCE NO. 9081-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EVANS DRIVE APPROXIMATELY 260 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1712 EVANS DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 4, Block 7, VIRGINIA GROVE TERRACE FOURTH ADDITION, according to the plat thereof, as recorded in Plat Book 37, Page 75 of the Public Records of Pinellas County, Florida; Residential Low (RL) / Drainage Feature Overlay (ANX2017-08017) The map attached as Exhibit A is hereby incorporated by referen ce. 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. 9080-17. Ordinance No. 9081-17 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 50 50 66 66 71424 94392943747 6 6 5 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 3340 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1219 20 21 22 23 24 25 26 27 28 29 30 19 20 21 22 23 24 25 26 27 28 29 30 605060 60 P RLRL RL RL RL PRL RLRUR/OL SR 590 OWEN DR EVANS DR LUCAS DR AUDREY DR 1747 1741 27201717 27001707 1719 1737 1732 1733 1737 1720 1701 1705 1700 1716 1737 1728 1733 1704 1736 1742 1741 1705 1736 1740 1718 1725 1719 1709 1761 1749 1760 1701 1691 1729 1716 1746 1737 1755 1707 1725 1718 1730 1706 1745 1732 17081712 1713 1743 1754 1724 1704 1744 1725 1680 1717 1729 1701 1712 1740 1736 54 0 31721 1728 1731 31724 1701 598 1749 0 1761 1733 2 1743 6 1721 8 1724 1604 1715 60 4 6 2 1712 -Not to Scale--Not a Survey-Rev. 9/25/2017 FUTURE LAND USE MAP Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR US-19 NSR 590 SUNSET POINT RD OWEN DR SOUTH DR ST. CROIX DR ST. JOHN DR CR 193 EDENWOOD ST EVANS DR MORNINGSIDE DR CATHERINE DR MISSION HILLS BLVD WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR CALAMONDIN LN N TERRACE DR CARDINAL DR MISSION DR WEL TRINDAD DR EWEST VIRGINIA LN SUE DR KUMQUAT DR SARAH DR NAVEL DR LORI DR FLINT DR WFEA TH ER D R DOVEWOOD ST ST. ANTHONY DR CANDLEWOOD ST COUNTRY LN ECOUNTRY LN WKINGSWOOD DR N TERRACE DR APPLEWOOD DR LEMONWOOD ST HARBOR CIR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 8/9/2017 LOCATION MAP Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR SR 590 SR 590 OWEN DR OWEN DR EVANS DR EVANS DR LUCAS DR LUCAS DR AUDREY DR AUDREY DR -Not to Scale--Not a Survey-Rev. 8/9/2017 AERIAL PHOTOGRAPH Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR 50 50 66 66 71424 94392943747 6 6 5 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 3340 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1219 20 21 22 23 24 25 26 27 28 29 30 19 20 21 22 23 24 25 26 27 28 29 30 605060 60 SR 590 OWEN DR EVANS DR LUCAS DR AUDREY DR 1747 1741 27201717 27001707 1721 1719 1728 1737 1732 1733 1737 1720 1701 1705 1700 1716 1737 1728 1733 1704 1736 1731 1742 1741 1705 1736 1740 1718 1725 1719 1709 1761 1749 1760 1701 1691 1733 1729 1716 1746 1737 1755 1707 1725 1718 1730 1706 1721 1745 1732 17081712 1713 1743 1754 1724 1704 1744 1725 1680 1717 1729 1701 1712 1740 1736 54 0 331724 1701 598 1749 0 1761 2 1743 6 8 1724 1604 1715 60 4 6 2 1712 -Not to Scale--Not a Survey-Rev. 8/9/2017 EXISTING SURROUNDING USES MAP Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR Single Family Residential ` Single Family Residential Single Family Residential View looking west at the subject property 1712 Evans Drive North of the subject property South of the subject property Across the street, to the east of the subject property ANX2017-08017 Ronald & Dominica Lane 1712 Evans Drive View looking northerly along Evans Drive View looking southerly along Evans Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9082-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.12 SUBJECT/RECOMMENDATION: Adopt Ordinance 9082-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1712 Evans Drive, Clearwater, Florida 33759, 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 12/1/2017 Ordinance No. 9082-17 ORDINANCE NO. 9082-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EVANS DRIVE APPROXIMATELY 260 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1712 EVANS DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A 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. 9080-17. Property Zoning District Lot 4, Block 7, VIRGINIA GROVE TERRACE FOURTH ADDITION, according to the plat thereof, as recorded in Plat Book 37, Page 75 of the Public Records of Pinellas County, Florida ; Low Medium Density Residential (LMDR) (ANX2017-08017) Ordinance No. 9082-17 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 50 50 66 66 71424 94392943747 6 6 5 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 3340 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1219 20 21 22 23 24 25 26 27 28 29 30 19 20 21 22 23 24 25 26 27 28 29 30 605060 60 SR 590 OWEN DR EVANS DR LUCAS DR AUDREY DR LMDR US 19 LMDRLMDR P P P 1747 1741 27201717 27001707 1721 1719 1728 1737 1732 1733 1737 1720 1701 1705 1700 1716 1737 1728 1733 1704 1736 1731 1742 1741 1705 1736 1740 1718 1725 1719 1709 1749 1760 1701 1691 1733 1729 1716 1746 1737 1755 1707 1725 1718 1730 1706 1721 1745 1732 17081712 1713 1743 1754 1724 1704 1744 1725 1680 1717 1729 1701 1712 1740 1736 54 0 331724 1701 598 1761 1749 0 1761 2 1743 6 8 1724 1604 1715 60 4 6 2 1712 -Not to Scale--Not a Survey-Rev. 8/9/2017 ZONING MAP Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR US-19 NSR 590 SUNSET POINT RD OWEN DR SOUTH DR ST. CROIX DR ST. JOHN DR CR 193 EDENWOOD ST EVANS DR MORNINGSIDE DR CATHERINE DR MISSION HILLS BLVD WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR CALAMONDIN LN N TERRACE DR CARDINAL DR MISSION DR WEL TRINDAD DR EWEST VIRGINIA LN SUE DR KUMQUAT DR SARAH DR NAVEL DR LORI DR FLINT DR WFEA TH ER D R DOVEWOOD ST ST. ANTHONY DR CANDLEWOOD ST COUNTRY LN ECOUNTRY LN WKINGSWOOD DR N TERRACE DR APPLEWOOD DR LEMONWOOD ST HARBOR CIR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 8/9/2017 LOCATION MAP Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR SR 590 SR 590 OWEN DR OWEN DR EVANS DR EVANS DR LUCAS DR LUCAS DR AUDREY DR AUDREY DR -Not to Scale--Not a Survey-Rev. 8/9/2017 AERIAL PHOTOGRAPH Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR 50 50 66 66 71424 94392943747 6 6 5 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 3340 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1219 20 21 22 23 24 25 26 27 28 29 30 19 20 21 22 23 24 25 26 27 28 29 30 605060 60 SR 590 OWEN DR EVANS DR LUCAS DR AUDREY DR 1747 1741 27201717 27001707 1721 1719 1728 1737 1732 1733 1737 1720 1701 1705 1700 1716 1737 1728 1733 1704 1736 1731 1742 1741 1705 1736 1740 1718 1725 1719 1709 1761 1749 1760 1701 1691 1733 1729 1716 1746 1737 1755 1707 1725 1718 1730 1706 1721 1745 1732 17081712 1713 1743 1754 1724 1704 1744 1725 1680 1717 1729 1701 1712 1740 1736 54 0 331724 1701 598 1749 0 1761 2 1743 6 8 1724 1604 1715 60 4 6 2 1712 -Not to Scale--Not a Survey-Rev. 8/9/2017 EXISTING SURROUNDING USES MAP Owner(s): Ronald C. & Dominic R. Lane Case: ANX2017-08017 Site: 1712 Evans Drive Property Size(Acres): ROW (Acres): 0.194 Land Use Zoning PIN: 09-29-16-94392-007-0040 From : RL / P R-3 Atlas Page: 264A To: RL / Drainage Feature Overlay LMDR Single Family Residential ` Single Family Residential Single Family Residential View looking west at the subject property 1712 Evans Drive North of the subject property South of the subject property Across the street, to the east of the subject property ANX2017-08017 Ronald & Dominica Lane 1712 Evans Drive View looking northerly along Evans Drive View looking southerly along Evans Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9083-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.13 SUBJECT/RECOMMENDATION: Adopt Ordinance 9083-17 on second reading, annexing certain real properties whose post office addresses are 900 Glen Oak Avenue East, 3024, 3030, 3031, and 3055 Glen Oak Avenue North, 3058 Grand View Avenue, 3013 Lake Vista Drive, 701, 708, and 906 Moss Avenue, and 3063 and 3069 Terrace View Lane, all in Clearwater, Florida, 33759, 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 12/1/2017 Ordinance No. 9083-17 ORDINANCE NO. 9083-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF STATE ROAD 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 900 GLEN OAK AVENUE EAST, 3024, 3030, 3031, AND 3055 GLEN OAK AVENUE NORTH, 3058 GRAND VIEW AVENUE, 3013 LAKE VISTA DRIVE, 701, 708, AND 906 MOSS AVENUE, AND 3063 AND 3069 TERRACE VIEW LANE, ALL WITHIN CLEARWATER, FLORIDA 33759 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 properties 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 (ATA2017-08001) 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. 9083-17 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 Address Parcel Number Legal Description 900 Glen Oak Ave E 09‐29‐16‐45126‐005‐0140 Lot 14, Block E, Kapok Terrace Subdivision, 3024 Glen Oak Ave N 09‐29‐16‐45126‐003‐0210 Lot 21, Block C, Kapok Terrace Subdivision, 3030 Glen Oak Ave N 09‐29‐16‐45126‐003‐0200 Lot 20, Block C, Kapok Terrace Subdivision, 3031 Glen Oak Ave N 09‐29‐16‐45126‐005‐0060 Lot 6 & west 35 feet of Lot 5, Block E, Kapok Terrace Subdivision, 3055 Glen Oak Ave N 09‐ 29 ‐16‐ 45126‐ 005 ‐0020 Lot 2, Block E, Kapok Terrace Subdivision, 3058 Grand View Ave 09 ‐29 ‐16 ‐45126 ‐ 002 ‐0150 Lot 15, Block B, Kapok Terrace Subdivision, 3013 Lake Vista Dr 09‐ 29‐ 16‐ 45126 ‐ 007 ‐0030 Lot 3, Block G, Kapok Terrace Subdivision, 701 Moss Ave 09‐ 29‐ 16‐ 45126 ‐ 002 ‐0110 Lot 11, Block B, Kapok Terrace Subdivision, 708 Moss Ave 09 ‐29 ‐16 ‐45126 ‐ 007 ‐0080 Lot 8, Block G, Kapok Terrace Subdivision, 906 Moss Ave 09‐ 29‐ 16‐ 45126‐ 006 ‐0030 Lot 3 and that part of Lot 2 DESC BEG SE COR of lot 2 TH S85D27' 50" W 134.45 FT TH NO3DW 18.77 FT TH N85D38' 35" E 133.57 TH 5' L4 17.64 FT to POB, Block F Kapok Terrace Subdivision, 3063 Terrace View Lane 09 ‐29 ‐16 ‐45126 ‐002 ‐0050 Lot 5, Block B, Kapok Terrace Subdivision, 3069 Terrace View Lane 09‐ 29‐ 16‐ 45126‐ 002 ‐0040 Lot 4, Block B, Kapok Terrace Subdivision, according to the plat thereof recorded at Plat Book 36, Page 14 and 15, in the Public Records of Pinellas County, Florida. Exhibit B 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 SEE PLAT FOR DIMENSIONS LAKE LOUISE LAKE LOUISE LAKE CAROL60 606060606060 60 30 207.5 190.5 190.5 207.5 207.5 60 202 19860 6045126 C E F C D G B AH 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 (14) 1 2 3 4 5 6 32/01 1.57 A C(C) (C)MOSS AVE BAYVIEW AVE GRAND VIEW AV E LAKE VISTA DR N McMULLEN BOOTH RD GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 800 918 917 8 0 1 809 801 815 924 907 807 3001301929983013301230013050303630603007302330203083300030373026304430062950916 914 912 910 908 904 901 8 0 0 808 7 1 2 911 602 9 0 6 915 7 0 8 701 900 91 1 30693035301030613034303030613041304230803067303630123059301230403076302130243072304730003019305330413047307130063073303130133055303530063065304930773029304130583041307030403048305230433081302530493047302430633030306430463075305530573025307430533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 9/28/2017 PROPOSED ANNEXATION Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR DREW ST N McMULLEN BOOTH RD BAYVIEW AVE MOSS AVE SAN JOSE ST ALAMEDA AVE SAN PEDRO ST BAY LN MADERA AVE MISSION CIR BAYSHORE BLVD CHAMBLEE LN MISSION DR WEDENWOOD ST F L I N T D R S BORDEAUX LN GRANTWOOD AVE F E AT H E R D R RUTH ECKERD HALL DR JADEWOOD AVE FLINT DR WHOLLYWOOD AVE MELONWOOD AVE KAPOK CIR GLEN OAK AVE N THOMAS RD M I S S I O N D R E SAN MATEO ST TERRACE VIEW LN SAN BERNADINO ST ABBEY CT ARROWHEAD CIR W-Not to Scale--Not a Survey-^ PROJECT SITES Rev. 9/21/2017 ^^^^^^^ LOCATION MAP Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR N McMULLEN BOOTH RD N McMULLEN BOOTH RD GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 9/14/2017 AERIAL PHOTOGRAPH Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 SEE PLAT FOR DIMENSIONS LAKE LOUISE LAKE LOUISE LAKE CAROL60 606060606060 60 30 207.5 190.5 190.5 207.5 207.5 60 202 19860 6045126 C E F C D G B AH 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 (14) 1 2 3 4 5 6 32/01 1.57 A C(C) (C)MOSS AVE BAYVIEW AVE GRAND VIEW AV E LAKE VISTA DR N McMULLEN BOOTH RD GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 800 918 917 8 0 1 809 801 815 924 907 807 3001301929983013301230013050303630603007302330203083300030373026304430062950916 914 912 910 908 904 901 8 0 0 808 7 1 2 911 602 9 0 6 915 7 0 8 701 900 91 1 30693035301030613034303030613041304230803067303630123059301230403076302130243072304730003019305330413047307130063073303130133055303530063065304930773029304130583041307030403048305230433081302530493047302430633030306430463075305530573025307430533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 9/28/2017 EXISTING SURROUNDING USES MAP Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Retail Sales and Service Park Land Park Land View looking west at the subject property 900 Glen Oak Avenue East View looking northerly along Glen Oak Avenue East View looking southerly along Glen Oak Avenue East View looking north at the subject property 3024 Glen Oak Avenue North ATA2017-08001 Multiple Owners Multiple Addresses View looking north at the subject property 3030 Glen Oak Avenue North View looking south at the subject property 3031 Glen Oak Avenue North View looking south at the subject property 3055 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking north at the subject property 3058 Grand View Avenue ATA2017-08001 Multiple Owners Multiple Addresses View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking south at the subject property 3013 Lake Vista Drive View looking easterly along Lake Vista Drive View looking westerly along Lake Vista Drive View looking north at the subject property 701 Moss Avenue View looking west at the subject property 906 Moss Avenue ATA2017-08001 Multiple Owners Multiple Addresses View looking west at the subject property 708 Moss Avenue View looking west at the subject property 906 Moss Avenue View looking southerly along Moss AvenueView looking northerly along Moss Avenue View looking south at the subject property 3063 Terrace View Lane View looking south at the subject property 3069 Terrace View Lane View looking westerly along Terrace View Lane ATA2017-08001 Multiple Owners Multiple Addresses View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9084-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.14 SUBJECT/RECOMMENDATION: Adopt Ordinance 9084-17 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 900 Glen Oak Avenue East, 3024, 3030, 3031, and 3055 Glen Oak Avenue North, 3058 Grand View Avenue, 3013 Lake Vista Drive, 701, 708, and 906 Moss Avenue, and 3063 and 3069 Terrace View Lane, all in Clearwater, Florida, 33759, 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 12/1/2017 Ordinance No. 9084-17 ORDINANCE NO. 9084-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF STATE ROAD 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 900 GLEN OAK AVENUE EAST, 3024, 3030, 3031, AND 3055 GLEN OAK AVENUE NORTH, 3058 GRAND VIEW AVENUE, 3013 LAKE VISTA DRIVE, 701, 708, AND 906 MOSS AVENUE, AND 3063 AND 3069 TERRACE VIEW LANE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category 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) (ATA2017-08001) 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. 9083-17. Ordinance No. 9084-17 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 Address Parcel Number Legal Description 900 Glen Oak Ave E 09‐29‐16‐45126‐005‐0140 Lot 14, Block E, Kapok Terrace Subdivision, 3024 Glen Oak Ave N 09‐29‐16‐45126‐003‐0210 Lot 21, Block C, Kapok Terrace Subdivision, 3030 Glen Oak Ave N 09‐29‐16‐45126‐003‐0200 Lot 20, Block C, Kapok Terrace Subdivision, 3031 Glen Oak Ave N 09‐29‐16‐45126‐005‐0060 Lot 6 & west 35 feet of Lot 5, Block E, Kapok Terrace Subdivision, 3055 Glen Oak Ave N 09‐ 29 ‐16‐ 45126‐ 005 ‐0020 Lot 2, Block E, Kapok Terrace Subdivision, 3058 Grand View Ave 09 ‐29 ‐16 ‐45126 ‐ 002 ‐0150 Lot 15, Block B, Kapok Terrace Subdivision, 3013 Lake Vista Dr 09‐ 29‐ 16‐ 45126 ‐ 007 ‐0030 Lot 3, Block G, Kapok Terrace Subdivision, 701 Moss Ave 09‐ 29‐ 16‐ 45126 ‐ 002 ‐0110 Lot 11, Block B, Kapok Terrace Subdivision, 708 Moss Ave 09 ‐29 ‐16 ‐45126 ‐ 007 ‐0080 Lot 8, Block G, Kapok Terrace Subdivision, 906 Moss Ave 09‐ 29‐ 16‐ 45126‐ 006 ‐0030 Lot 3 and that part of Lot 2 DESC BEG SE COR of lot 2 TH S85D27' 50" W 134.45 FT TH NO3DW 18.77 FT TH N85D38' 35" E 133.57 TH 5' L4 17.64 FT to POB, Block F Kapok Terrace Subdivision, 3063 Terrace View Lane 09 ‐29 ‐16 ‐45126 ‐002 ‐0050 Lot 5, Block B, Kapok Terrace Subdivision, 3069 Terrace View Lane 09‐ 29‐ 16‐ 45126‐ 002 ‐0040 Lot 4, Block B, Kapok Terrace Subdivision, according to the plat thereof recorded at Plat Book 36, Page 14 and 15, in the Public Records of Pinellas County, Florida. Exhibit B 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 SEE PLAT FOR DIMENSIONS LAKE LOUISE LAKE LOUISE LAKE CAROL60 606060606060 60 30 207.5 190.5 190.5 207.5 207.5 60 202 19860 6045126 C E F C D G B AH 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 (14) 1 2 3 4 5 6 32/01 1.57 A C(C) (C) RL RL RL RL RL RL RL CG RU RL RL RL R/OS R/OS WATER WATER MOSS AVE BAYVIEW AVE GRAND VIEW AV E LAKE VISTA DR N McMULLEN BOOTH RD GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 800 918 809 801 815 924 907 807 30193013301230013050303630603007302330203083300030373026304430062950916 914 912 910 908 904 901 8 0 0 808 7 1 2 911 602 9 0 6 915 917 8 0 1 7 0 8 701 900 91 1 3069303530013010306130342998303030613041304230803067303630123059301230403076302130243072304730003019305330413047307130063073303130133055303530063065304930773029304130583041307030403048305230433081302530493047302430633030306430463075305530573025307430533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 9/21/2017 FUTURE LAND USE MAP Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR DREW ST N McMULLEN BOOTH RD BAYVIEW AVE MOSS AVE SAN JOSE ST ALAMEDA AVE SAN PEDRO ST BAY LN MADERA AVE MISSION CIR BAYSHORE BLVD CHAMBLEE LN MISSION DR WEDENWOOD ST F L I N T D R S BORDEAUX LN GRANTWOOD AVE F E AT H E R D R RUTH ECKERD HALL DR JADEWOOD AVE FLINT DR WHOLLYWOOD AVE MELONWOOD AVE KAPOK CIR GLEN OAK AVE N THOMAS RD M I S S I O N D R E SAN MATEO ST TERRACE VIEW LN SAN BERNADINO ST ABBEY CT ARROWHEAD CIR W-Not to Scale--Not a Survey-^ PROJECT SITES Rev. 9/21/2017 ^^^^^^^ LOCATION MAP Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR N McMULLEN BOOTH RD N McMULLEN BOOTH RD GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 9/14/2017 AERIAL PHOTOGRAPH Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 SEE PLAT FOR DIMENSIONS LAKE LOUISE LAKE LOUISE LAKE CAROL60 606060606060 60 30 207.5 190.5 190.5 207.5 207.5 60 202 19860 6045126 C E F C D G B AH 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 (14) 1 2 3 4 5 6 32/01 1.57 A C(C) (C)MOSS AVE BAYVIEW AVE GRAND VIEW AV E LAKE VISTA DR N McMULLEN BOOTH RD GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 800 918 917 8 0 1 809 801 815 924 907 807 3001301929983013301230013050303630603007302330203083300030373026304430062950916 914 912 910 908 904 901 8 0 0 808 7 1 2 911 602 9 0 6 915 7 0 8 701 900 91 1 30693035301030613034303030613041304230803067303630123059301230403076302130243072304730003019305330413047307130063073303130133055303530063065304930773029304130583041307030403048305230433081302530493047302430633030306430463075305530573025307430533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 9/28/2017 EXISTING SURROUNDING USES MAP Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Retail Sales and Service Park Land Park Land View looking west at the subject property 900 Glen Oak Avenue East View looking northerly along Glen Oak Avenue East View looking southerly along Glen Oak Avenue East View looking north at the subject property 3024 Glen Oak Avenue North ATA2017-08001 Multiple Owners Multiple Addresses View looking north at the subject property 3030 Glen Oak Avenue North View looking south at the subject property 3031 Glen Oak Avenue North View looking south at the subject property 3055 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking north at the subject property 3058 Grand View Avenue ATA2017-08001 Multiple Owners Multiple Addresses View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking south at the subject property 3013 Lake Vista Drive View looking easterly along Lake Vista Drive View looking westerly along Lake Vista Drive View looking north at the subject property 701 Moss Avenue View looking west at the subject property 906 Moss Avenue ATA2017-08001 Multiple Owners Multiple Addresses View looking west at the subject property 708 Moss Avenue View looking west at the subject property 906 Moss Avenue View looking southerly along Moss AvenueView looking northerly along Moss Avenue View looking south at the subject property 3063 Terrace View Lane View looking south at the subject property 3069 Terrace View Lane View looking westerly along Terrace View Lane ATA2017-08001 Multiple Owners Multiple Addresses View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9085-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.15 SUBJECT/RECOMMENDATION: Adopt Ordinance 9085-17 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 900 Glen Oak Avenue East, 3024, 3030, 3031, and 3055 Glen Oak Avenue North, 3058 Grand View Avenue, 3013 Lake Vista Drive, 701, 708, and 906 Moss Avenue, and 3063 and 3069 Terrace View Lane, all in Clearwater, Florida, 33759, 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 12/1/2017 Ordinance No. 9085-17 ORDINANCE NO. 9085 -17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF STATE ROAD 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 900 GLEN OAK AVENUE EAST, 3024, 3030, 3031, AND 3055 GLEN OAK AVENUE NORTH, 3058 GRAND VIEW AVENUE, 3013 LAKE VISTA DRIVE, 701, 708, AND 906 MOSS AVENUE, AND 3063 AND 3069 TERRACE VIEW LANE, ALL WITHIN CLEARWATER, FLORIDA 33759 UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning 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. 9083-17. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ATA2017-08001) Ordinance No. 9085-17 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 Address Parcel Number Legal Description 900 Glen Oak Ave E 09‐29‐16‐45126‐005‐0140 Lot 14, Block E, Kapok Terrace Subdivision, 3024 Glen Oak Ave N 09‐29‐16‐45126‐003‐0210 Lot 21, Block C, Kapok Terrace Subdivision, 3030 Glen Oak Ave N 09‐29‐16‐45126‐003‐0200 Lot 20, Block C, Kapok Terrace Subdivision, 3031 Glen Oak Ave N 09‐29‐16‐45126‐005‐0060 Lot 6 & west 35 feet of Lot 5, Block E, Kapok Terrace Subdivision, 3055 Glen Oak Ave N 09‐ 29 ‐16‐ 45126‐ 005 ‐0020 Lot 2, Block E, Kapok Terrace Subdivision, 3058 Grand View Ave 09 ‐29 ‐16 ‐45126 ‐ 002 ‐0150 Lot 15, Block B, Kapok Terrace Subdivision, 3013 Lake Vista Dr 09‐ 29‐ 16‐ 45126 ‐ 007 ‐0030 Lot 3, Block G, Kapok Terrace Subdivision, 701 Moss Ave 09‐ 29‐ 16‐ 45126 ‐ 002 ‐0110 Lot 11, Block B, Kapok Terrace Subdivision, 708 Moss Ave 09 ‐29 ‐16 ‐45126 ‐ 007 ‐0080 Lot 8, Block G, Kapok Terrace Subdivision, 906 Moss Ave 09‐ 29‐ 16‐ 45126‐ 006 ‐0030 Lot 3 and that part of Lot 2 DESC BEG SE COR of lot 2 TH S85D27' 50" W 134.45 FT TH NO3DW 18.77 FT TH N85D38' 35" E 133.57 TH 5' L4 17.64 FT to POB, Block F Kapok Terrace Subdivision, 3063 Terrace View Lane 09 ‐29 ‐16 ‐45126 ‐002 ‐0050 Lot 5, Block B, Kapok Terrace Subdivision, 3069 Terrace View Lane 09‐ 29‐ 16‐ 45126‐ 002 ‐0040 Lot 4, Block B, Kapok Terrace Subdivision, according to the plat thereof recorded at Plat Book 36, Page 14 and 15, in the Public Records of Pinellas County, Florida. Exhibit B 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 SEE PLAT FOR DIMENSIONS LAKE LOUISE LAKE LOUISE LAKE CAROL60 606060606060 60 30 207.5 190.5 190.5 207.5 207.5 60 202 19860 6045126 C E F C D G B AH 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 (14) 1 2 3 4 5 6 32/01 1.57 A C(C) (C) LMDR LMDR LMDR LMDR LMDR MOSS AVE BAYVIEW AVE GRAND VIEW AV E LAKE VISTA DR N McMULLEN BOOTH RD GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 800 918 917 8 0 1 809 801 815 924 907 807 30013019299830123050303630603007302330203083300030373026304430062950916 914 912 910 908 904 901 8 0 0 808 7 1 2 911 602 9 0 6 915 7 0 8 701 900 91 1 3069303530103061303430303061304130133042308030673036301230593012304030763001302130243072304730003019305330413047307130063073303130133055303530063065304930773029304130583041307030403048305230433081302530493047302430633030306430463075305530573025307430533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 9/21/2017 ZONING MAP Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR DREW ST N McMULLEN BOOTH RD BAYVIEW AVE MOSS AVE SAN JOSE ST ALAMEDA AVE SAN PEDRO ST BAY LN MADERA AVE MISSION CIR BAYSHORE BLVD CHAMBLEE LN MISSION DR WEDENWOOD ST F L I N T D R S BORDEAUX LN GRANTWOOD AVE F E AT H E R D R RUTH ECKERD HALL DR JADEWOOD AVE FLINT DR WHOLLYWOOD AVE MELONWOOD AVE KAPOK CIR GLEN OAK AVE N THOMAS RD M I S S I O N D R E SAN MATEO ST TERRACE VIEW LN SAN BERNADINO ST ABBEY CT ARROWHEAD CIR W-Not to Scale--Not a Survey-^ PROJECT SITES Rev. 9/21/2017 ^^^^^^^ LOCATION MAP Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR N McMULLEN BOOTH RD N McMULLEN BOOTH RD GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 9/14/2017 AERIAL PHOTOGRAPH Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR 1846014045108 26 27 28 29 30 31 32 33 34 35 36 37 38 SEE PLAT FOR DIMENSIONS LAKE LOUISE LAKE LOUISE LAKE CAROL60 606060606060 60 30 207.5 190.5 190.5 207.5 207.5 60 202 19860 6045126 C E F C D G B AH 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 (14) 1 2 3 4 5 6 32/01 1.57 A C(C) (C)MOSS AVE BAYVIEW AVE GRAND VIEW AV E LAKE VISTA DR N McMULLEN BOOTH RD GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 906 8 0 6 800 918 917 8 0 1 809 801 815 924 907 807 3001301929983013301230013050303630603007302330203083300030373026304430062950916 914 912 910 908 904 901 8 0 0 808 7 1 2 911 602 9 0 6 915 7 0 8 701 900 91 1 30693035301030613034303030613041304230803067303630123059301230403076302130243072304730003019305330413047307130063073303130133055303530063065304930773029304130583041307030403048305230433081302530493047302430633030306430463075305530573025307430533035300730403079301830853046-Not to Scale--Not a Survey-Rev. 9/28/2017 EXISTING SURROUNDING USES MAP Owner(s): Multiple owners, see attached sheet Case: ATA2017-08001 Site: Multiple Addresses, see attached sheet Property Size(Acres): ROW (Acres): 2.673 Land Use Zoning PIN: Multiple PINs, see attached sheet From : RL R-3 Atlas Page: 283A To: RL LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Retail Sales and Service Park Land Park Land View looking west at the subject property 900 Glen Oak Avenue East View looking northerly along Glen Oak Avenue East View looking southerly along Glen Oak Avenue East View looking north at the subject property 3024 Glen Oak Avenue North ATA2017-08001 Multiple Owners Multiple Addresses View looking north at the subject property 3030 Glen Oak Avenue North View looking south at the subject property 3031 Glen Oak Avenue North View looking south at the subject property 3055 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking north at the subject property 3058 Grand View Avenue ATA2017-08001 Multiple Owners Multiple Addresses View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking south at the subject property 3013 Lake Vista Drive View looking easterly along Lake Vista Drive View looking westerly along Lake Vista Drive View looking north at the subject property 701 Moss Avenue View looking west at the subject property 906 Moss Avenue ATA2017-08001 Multiple Owners Multiple Addresses View looking west at the subject property 708 Moss Avenue View looking west at the subject property 906 Moss Avenue View looking southerly along Moss AvenueView looking northerly along Moss Avenue View looking south at the subject property 3063 Terrace View Lane View looking south at the subject property 3069 Terrace View Lane View looking westerly along Terrace View Lane ATA2017-08001 Multiple Owners Multiple Addresses View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9086-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.16 SUBJECT/RECOMMENDATION: Adopt Ordinance 9086-17 on second reading, annexing certain real property whose post office address is 1758 Lucas Drive, Clearwater, Florida 33759 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 12/1/2017 Ordinance No. 9086-17 ORDINANCE NO. 9086-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LUCAS DRIVE APPROXIMATELY 965 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1758 LUCAS DRIVE, CLEARWATER, FLORIDA 33759, 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 owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 14, Block 6 VIRGINIA GROVE TERRACE 3RD ADD., according to the plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida; (ANX2017-09019) The map attached as Exhibit A 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. 9086-17 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 6050 60 60 60 50 60 6666 66 66 L A 7 6 6 5 5 4 3 3 3 11 24 25 26 27 9 8 9 8 9 9 10 1 2 3 45 6 789 10 7 8 9 10 11 12 13 14 15 9 10 11 12 13 14 15 16 17 18 78910111213141516 9 10 11 12 13 14 1516 17 18 19 20 21 22 9 10 11 12 13 14 1516 17 18 19 20 21 22 16 17 18 19 20 21 22EVANS DR MORNINGSIDE DR OWEN DR LUCAS DR N TERRACE DR THOMAS DR 1747 1741 17652731 1767 1737 1732 1733 1750 273417592737 1737 174527002738276217492719 1733 1785 27511741 271827241736 1740272027491744271127241740 1737 1748 27461779 1733 17292710175327231761 1749 2747276727151749 1736 17292689 27551752 1732270727251746 1755 1753 1768 17602701 1745 2740271017321743 1754 1764 1741 1801 1800 1755 1744 2761273026831756 1800 1773 1729 1752 271427431740 1736 275217582684 -Not to Scale--Not a Survey-Rev. 9/20/2017 PROPOSED ANNEXATION Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR US-19 NSR 590 SUNSET POINT RD N McMULLEN BOOTH RD OWEN DR ST. CROIX DR SOUTH DR ST. JOHN DR CATHERINE DR CR 193 EDENWOOD ST EVANS DR PARK TRAIL LN MORNINGSIDE DR WOODRING DR LUCAS DR DI ANE DR E VIRGINIA LN GROVE DR AUDREY DR THOMAS DR CALAMONDIN LN N TERRACE DR BAYVIEW AVE CARDINAL DR MISSION DR WWEST VIRGINIA LN SARAH DR PINEAPPLE LN LORI DR OAK FOREST DR WBEACHWOOD AVE HOLLYWOOD AVE PRESTIGE DR KAPOK CIR GLEN OAK AVE NFOREST WOOD DR SUNRISE DR ARROWHEAD CIR WSARAH DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 9/20/2017 LOCATION MAP Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR EVANS DR EVANS DR MORNINGSIDE DR MORNINGSIDE DR OWEN DR OWEN DR LUCAS DR LUCAS DR N TERRACE DRN TERRACE DR THOMAS DR THOMAS DR DIANE DR DIANE DR OWEN DR OWEN DR -Not to Scale--Not a Survey-Rev. 9/20/2017 AERIAL PHOTOGRAPH Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR 6050 60 60 60 50 60 6666 66 66 L A 7 6 6 5 5 4 3 3 3 11 24 25 26 27 9 8 9 8 9 9 10 1 2 3 45 6 789 10 7 8 9 10 11 12 13 14 15 9 10 11 12 13 14 15 16 17 18 78910111213141516 9 10 11 12 13 14 1516 17 18 19 20 21 22 9 10 11 12 13 14 1516 17 18 19 20 21 22 16 17 18 19 20 21 22EVANS DR MORNINGSIDE DR OWEN DR LUCAS DR N TERRACE DR THOMAS DR 1747 1741 17652731 1767 1737 1732 1733 1750 273417592737 1737 174527002738276217492719 1733 1785 27511741 271827241736 1740272027491744271127241740 1737 1748 27461779 1733 17292710175327231761 1749 2747276727151749 1736 17292689 27551752 1732270727251746 1755 1753 1768 17602701 1745 2740271017321743 1754 1764 1741 1801 1800 1755 1744 2761273026831756 1800 1773 1729 1752 271427431740 1736 275217582684 -Not to Scale--Not a Survey-Rev. 9/20/2017 EXISTING SURROUNDING USES MAP Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1758 Lucas Drive North of the subject property South of the subject property Across the street, to the east of the subject property ANX2017-09019 Wayne Alan Smith 1758 Lucas Drive View looking northerly along Lucas Drive View looking southerly along Lucas Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9087-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.17 SUBJECT/RECOMMENDATION: Adopt Ordinance 9087-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1758 Lucas Drive, Clearwater, Florida 33759, 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 12/1/2017 Ordinance No. 9087-17 ORDINANCE NO. 9087-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LUCAS DRIVE APPROXIMATELY 965 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1758 LUCAS DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 14, Block 6 VIRGINIA GROVE TERRACE 3RD ADD., according to the plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2017-09019) The map attached as Exhibit A 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. 9086-17. Ordinance No. 9087-17 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 6050 60 60 60 50 60 6666 66 66 L A 7 6 6 5 5 4 3 3 3 11 24 25 26 27 9 8 9 8 9 9 10 1 2 3 45 6 789 10 7 8 9 10 11 12 13 14 15 9 10 11 12 13 14 15 16 17 18 78910111213141516 9 10 11 12 13 14 1516 17 18 19 20 21 22 9 10 11 12 13 14 1516 17 18 19 20 21 22 16 17 18 19 20 21 22 RL RL RL RL RL RL RLRLRL RL P P RL RL P RL EVANS DR MORNINGSIDE DR OWEN DR LUCAS DR N TERRACE DR THOMAS DR 1741 17652731 1767 1737 1732 1733 1759 17372700 27381749 27191733 1785 27511741 27181736 1740272027491744271127241740 1737 1748 27461733 17292710175327231761 1749 2747276727151749 1736 17292689 27551752 1732270727251746 1755 1753 1768 17602701 274017321743 1754 1764 1741 1801 1800 1755 1744 2761273026831756 1773 1729 1752 271427431740 1736 1747 27521750 273427371745276227241758 17792684 174527101800 -Not to Scale--Not a Survey-Rev. 9/20/2017 FUTURE LAND USE MAP Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR US-19 NSR 590 SUNSET POINT RD N McMULLEN BOOTH RD OWEN DR ST. CROIX DR SOUTH DR ST. JOHN DR CATHERINE DR CR 193 EDENWOOD ST EVANS DR PARK TRAIL LN MORNINGSIDE DR WOODRING DR LUCAS DR DI ANE DR E VIRGINIA LN GROVE DR AUDREY DR THOMAS DR CALAMONDIN LN N TERRACE DR BAYVIEW AVE CARDINAL DR MISSION DR WWEST VIRGINIA LN SARAH DR PINEAPPLE LN LORI DR OAK FOREST DR WBEACHWOOD AVE HOLLYWOOD AVE PRESTIGE DR KAPOK CIR GLEN OAK AVE NFOREST WOOD DR SUNRISE DR ARROWHEAD CIR WSARAH DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 9/20/2017 LOCATION MAP Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR EVANS DR EVANS DR MORNINGSIDE DR MORNINGSIDE DR OWEN DR OWEN DR LUCAS DR LUCAS DR N TERRACE DRN TERRACE DR THOMAS DR THOMAS DR DIANE DR DIANE DR OWEN DR OWEN DR -Not to Scale--Not a Survey-Rev. 9/20/2017 AERIAL PHOTOGRAPH Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR 6050 60 60 60 50 60 6666 66 66 L A 7 6 6 5 5 4 3 3 3 11 24 25 26 27 9 8 9 8 9 9 10 1 2 3 45 6 789 10 7 8 9 10 11 12 13 14 15 9 10 11 12 13 14 15 16 17 18 78910111213141516 9 10 11 12 13 14 1516 17 18 19 20 21 22 9 10 11 12 13 14 1516 17 18 19 20 21 22 16 17 18 19 20 21 22EVANS DR MORNINGSIDE DR OWEN DR LUCAS DR N TERRACE DR THOMAS DR 1747 1741 17652731 1767 1737 1732 1733 1750 273417592737 1737 174527002738276217492719 1733 1785 27511741 271827241736 1740272027491744271127241740 1737 1748 27461779 1733 17292710175327231761 1749 2747276727151749 1736 17292689 27551752 1732270727251746 1755 1753 1768 17602701 1745 2740271017321743 1754 1764 1741 1801 1800 1755 1744 2761273026831756 1800 1773 1729 1752 271427431740 1736 275217582684 -Not to Scale--Not a Survey-Rev. 9/20/2017 EXISTING SURROUNDING USES MAP Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1758 Lucas Drive North of the subject property South of the subject property Across the street, to the east of the subject property ANX2017-09019 Wayne Alan Smith 1758 Lucas Drive View looking northerly along Lucas Drive View looking southerly along Lucas Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9088-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.18 SUBJECT/RECOMMENDATION: Adopt Ordinance 9088-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1758 Lucas Drive, Clearwater, Florida 33759, 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 12/1/2017 Ordinance No. 9088-17 ORDINANCE NO. 9088-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LUCAS DRIVE APPROXIMATELY 965 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1758 LUCAS DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A 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. 9086-17. Property Zoning District Lot 14, Block 6 VIRGINIA GROVE TERRACE 3RD ADD., according to the plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2017-09019) Ordinance No. 9088-17 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 6050 60 60 60 50 60 6666 66 66 L A 7 6 6 5 5 4 3 3 3 11 24 25 26 27 9 8 9 8 9 9 10 1 2 3 45 6 789 10 7 8 9 10 11 12 13 14 15 9 10 11 12 13 14 15 16 17 18 78910111213141516 9 10 11 12 13 14 1516 17 18 19 20 21 22 9 10 11 12 13 14 1516 17 18 19 20 21 22 16 17 18 19 20 21 22 LMDR LMDR LMDR P LMDR P LMDR P EVANS DR MORNINGSIDE DR OWEN DR LUCAS DR N TERRACE DR THOMAS DR 1747 1741 17652731 1767 1737 1732 1733 1750 273417592737 1737 17452700273827621749 1733 1785 2751271827241736 1740272027491744271127241740 1737 1748 27461779 1733 172927101753272317492747 27671749 1736 17292689 27551752 1732270727251746 1755 1753 1768 17602701 1745 2740271017321743 1754 1764 1741 1801 1800 1755 1744 2761273026831756 1800 1773 1729 1752 271427431740 1736 275227191741 1758 1761 27152684-Not to Scale--Not a Survey-Rev. 9/20/2017 ZONING MAP Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR US-19 NSR 590 SUNSET POINT RD N McMULLEN BOOTH RD OWEN DR ST. CROIX DR SOUTH DR ST. JOHN DR CATHERINE DR CR 193 EDENWOOD ST EVANS DR PARK TRAIL LN MORNINGSIDE DR WOODRING DR LUCAS DR DI ANE DR E VIRGINIA LN GROVE DR AUDREY DR THOMAS DR CALAMONDIN LN N TERRACE DR BAYVIEW AVE CARDINAL DR MISSION DR WWEST VIRGINIA LN SARAH DR PINEAPPLE LN LORI DR OAK FOREST DR WBEACHWOOD AVE HOLLYWOOD AVE PRESTIGE DR KAPOK CIR GLEN OAK AVE NFOREST WOOD DR SUNRISE DR ARROWHEAD CIR WSARAH DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 9/20/2017 LOCATION MAP Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR EVANS DR EVANS DR MORNINGSIDE DR MORNINGSIDE DR OWEN DR OWEN DR LUCAS DR LUCAS DR N TERRACE DRN TERRACE DR THOMAS DR THOMAS DR DIANE DR DIANE DR OWEN DR OWEN DR -Not to Scale--Not a Survey-Rev. 9/20/2017 AERIAL PHOTOGRAPH Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR 6050 60 60 60 50 60 6666 66 66 L A 7 6 6 5 5 4 3 3 3 11 24 25 26 27 9 8 9 8 9 9 10 1 2 3 45 6 789 10 7 8 9 10 11 12 13 14 15 9 10 11 12 13 14 15 16 17 18 78910111213141516 9 10 11 12 13 14 1516 17 18 19 20 21 22 9 10 11 12 13 14 1516 17 18 19 20 21 22 16 17 18 19 20 21 22EVANS DR MORNINGSIDE DR OWEN DR LUCAS DR N TERRACE DR THOMAS DR 1747 1741 17652731 1767 1737 1732 1733 1750 273417592737 1737 174527002738276217492719 1733 1785 27511741 271827241736 1740272027491744271127241740 1737 1748 27461779 1733 17292710175327231761 1749 2747276727151749 1736 17292689 27551752 1732270727251746 1755 1753 1768 17602701 1745 2740271017321743 1754 1764 1741 1801 1800 1755 1744 2761273026831756 1800 1773 1729 1752 271427431740 1736 275217582684 -Not to Scale--Not a Survey-Rev. 9/20/2017 EXISTING SURROUNDING USES MAP Owner(s): Wayne Alan Smith Case: ANX2017-09019 Site: 1758 Lucas Drive Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 05-29-16-94374-006-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1758 Lucas Drive North of the subject property South of the subject property Across the street, to the east of the subject property ANX2017-09019 Wayne Alan Smith 1758 Lucas Drive View looking northerly along Lucas Drive View looking southerly along Lucas Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9089-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.19 SUBJECT/RECOMMENDATION: Adopt Ordinance 9089-17 on second reading, annexing certain real property whose post office address is 1302 South Duncan Avenue, Clearwater, Florida 33756, together with certain right-of-way of South Duncan Avenue, 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 12/1/2017 Ordinance No. 9089-17 ORDINANCE NO. 9089-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH DUNCAN AVENUE APPROXIMATELY 135 FEET SOUTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1302 SOUTH DUNCAN AVENUE, CLEARWATER, FLORIDA 33756, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF SOUTH DUNCAN AVENUE, 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 property described herein and depicted on the map attached hereto as Exhibit A 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 property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 4, LAKEVIEW VISTA, according to the map or plat thereof, as recorded in Plat Book 34, Page 62, Public Records of PINELLAS County, Florida, together with all Right- of-Way of South Duncan Avenue, North of Emerald Drive, abutting Lot 4, Lakeview Vista subdivision, and abutting Lot 9, Emerald Hill Estates subdivision; (ATA2017-09002) The map attached as Exhibit A is hereby incorporated by referen ce. 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. 9089-17 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 LAKE ESTELLE LAKE6060 60 60 6060 60 60 4912261866 61866 61867 E D D 1 2 3 4 16 17 18 19 20 11 12 13 14 15 5 6 7 8 6 7 8 9 10 1 2 3 4 5 1 23 4 15 2 13 12 56 87654 131211109 22 23 24 25 26 27 100 101 102 97 98 99 78 79 80 75 76 77 4 3 1 LAKEVIEW RD LAUREL DR BRENTWOOD DR BALMORAL DR EMERALD DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE 1720173217071212 1714172117151714170017231306 1701171813081701 17261722170617191305 1307 1220 170917051208 1304 170817291715132617171221 1327 1302 1333 1303 1719172817161709172117311306 170917111332 17031216 17271215 1300 1711170117021339 1302 1111132717121700 11333 13381721 -Not to Scale--Not a Survey-Rev. 9/22/2017 PROPOSED ANNEXATION Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR DRUID RD S KEENE RD NURSERY RD LAKEVIEW RD S LAKE AVE S HIGHLAND AVE NORWOOD AVE S DUNCAN AVE HUNT LN BRENTWOOD DR BUGLE LN BARRY RD MARJOHN AVE LIME ST WOODCREST AVE S LAKE DR PENNY LN STANCEL DR VALENCIA ST LEMON ST WELLINGTON DR CITRUS ST WEBER DR HAMLIN DR DEXTER DR ORANGE ST SATSUMA ST MORROW DR PARKSIDE DR DOROTHY DR BROOKSIDE RD OTTAWA RD WHITACRE DR PINEWOOD DR ILLINOIS RD BALMORAL DR REGENT AVE IRVING AVE SEABREEZE ST S KEYSTONE AVE TUSCOLA RD SPENCER AVE WOODSIDE AVE KENDALL DR WOODRUFF AVE JEFFORDS ST TANGERINE ST FOX CIR HUNTER LN MEADOW LN REDCOAT LN OAK LAKE DR GREAT OAK DR BUDLEIGH ST MAGNOLIA DR ESTELLE DR EMERALD DR GRACELYN DR LIVE OAK CT DRUM ST JEFFORDS ST S DUNCAN AVE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 9/22/2017 LOCATION MAP Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKEVIEW RD LAKEVIEW RD LAUREL DR LAUREL DR BALMORAL DR BALMORAL DR BRENTWOOD DR BRENTWOOD DR EMERALD DR EMERALD DR S DUNCAN AVE S DUNCAN AVE MARJOHN AVE MARJOHN AVE S DUNCAN AVE S DUNCAN AVE -Not to Scale--Not a Survey-Rev. 9/20/2017 AERIAL PHOTOGRAPH Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKE ESTELLE LAKE6060 60 60 6060 60 60 4912261866 61866 61867 E D D 1 2 3 4 16 17 18 19 20 11 12 13 14 15 5 6 7 8 6 7 8 9 10 1 2 3 4 5 1 23 4 15 2 13 12 56 87654 131211109 22 23 24 25 26 27 100 101 102 97 98 99 78 79 80 75 76 77 4 3 1 LAKEVIEW RD LAUREL DR BRENTWOOD DR BALMORAL DR EMERALD DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE 1720173217071212 1714172117151714170017231306 1701171813081701 17261722170617191305 1307 1220 170917051208 1304 170817291715132617171221 1327 1302 1333 1303 1719172817161709172117311306 170917111332 17031216 17271215 1300 1711170117021339 1302 1111132717121700 11333 13381721 -Not to Scale--Not a Survey-Rev. 9/22/2017 EXISTING SURROUNDING USES MAP Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1302 S. Duncan Avenue North of the subject property South of the subject property Across the street, to the east of the subject property ATA2017-09002 Thomas & Trisha Jamo 1302 S. Duncan Avenue View looking northerly along S. Duncan Avenue View looking southerly along S. Duncan Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9090-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.20 SUBJECT/RECOMMENDATION: Adopt Ordinance 9090-17 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1302 South Duncan Avenue, Clearwater, Florida 33756, 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 12/1/2017 Ordinance No. 9090-17 ORDINANCE NO. 9090-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH DUNCAN AVENUE APPROXIMATELY 135 FEET SOUTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1302 SOUTH DUNCAN AVENUE, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 4, LAKEVIEW VISTA, according to the map or plat thereof, as recorded in Plat Book 34, Page 62, Public Records of PINELLAS County, Florida; Residential Low (RL) (ATA2017-09002) The map attached as Exhibit A is hereby incorporated by referen ce. 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. 9089-17. Ordinance No. 9090-17 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 LAKE ESTELLE LAKE6060 60 60 6060 60 60 4912261866 61866 61867 E D D 1 2 3 4 16 17 18 19 20 11 12 13 14 15 5 6 7 8 6 7 8 9 10 1 2 3 4 5 1 23 4 15 2 13 12 56 8765 1211109 21 22 23 24 25 26 27 100 101 102 97 98 99 78 79 80 7 4 3 1 LAKEVIEW RD LAUREL DR BRENTWOOD DR BALMORAL DR EMERALD DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE RL RU RL RL RL RL RL RL RL RU RL 172017071212 1714172117151714170017231306 1701171813081701 17261722170617191307 1220 170917051208 1304 170817291715132617171221 1327 1302 1303 171917281716170917211306 17111332 17271300 17111701WATER WATER RU RU 17021339 1302 111305 11132717121700 11333 13331709 13381703121617211215 -Not to Scale--Not a Survey-Rev. 9/22/2017 FUTURE LAND USE MAP Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR DRUID RD S KEENE RD NURSERY RD LAKEVIEW RD S LAKE AVE S HIGHLAND AVE NORWOOD AVE S DUNCAN AVE HUNT LN BRENTWOOD DR BUGLE LN BARRY RD MARJOHN AVE LIME ST WOODCREST AVE S LAKE DR PENNY LN STANCEL DR VALENCIA ST LEMON ST WELLINGTON DR CITRUS ST WEBER DR HAMLIN DR DEXTER DR ORANGE ST SATSUMA ST MORROW DR PARKSIDE DR DOROTHY DR BROOKSIDE RD OTTAWA RD WHITACRE DR PINEWOOD DR ILLINOIS RD BALMORAL DR REGENT AVE IRVING AVE SEABREEZE ST S KEYSTONE AVE TUSCOLA RD SPENCER AVE WOODSIDE AVE KENDALL DR WOODRUFF AVE JEFFORDS ST TANGERINE ST FOX CIR HUNTER LN MEADOW LN REDCOAT LN OAK LAKE DR GREAT OAK DR BUDLEIGH ST MAGNOLIA DR ESTELLE DR EMERALD DR GRACELYN DR LIVE OAK CT DRUM ST JEFFORDS ST S DUNCAN AVE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 9/22/2017 LOCATION MAP Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKEVIEW RD LAKEVIEW RD LAUREL DR LAUREL DR BALMORAL DR BALMORAL DR BRENTWOOD DR BRENTWOOD DR EMERALD DR EMERALD DR S DUNCAN AVE S DUNCAN AVE MARJOHN AVE MARJOHN AVE S DUNCAN AVE S DUNCAN AVE -Not to Scale--Not a Survey-Rev. 9/20/2017 AERIAL PHOTOGRAPH Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKE ESTELLE LAKE6060 60 60 6060 60 60 4912261866 61866 61867 E D D 1 2 3 4 16 17 18 19 20 11 12 13 14 15 5 6 7 8 6 7 8 9 10 1 2 3 4 5 1 23 4 15 2 13 12 56 87654 131211109 22 23 24 25 26 27 100 101 102 97 98 99 78 79 80 75 76 77 4 3 1 LAKEVIEW RD LAUREL DR BRENTWOOD DR BALMORAL DR EMERALD DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE 1720173217071212 1714172117151714170017231306 1701171813081701 17261722170617191305 1307 1220 170917051208 1304 170817291715132617171221 1327 1302 1333 1303 1719172817161709172117311306 170917111332 17031216 17271215 1300 1711170117021339 1302 1111132717121700 11333 13381721 -Not to Scale--Not a Survey-Rev. 9/22/2017 EXISTING SURROUNDING USES MAP Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1302 S. Duncan Avenue North of the subject property South of the subject property Across the street, to the east of the subject property ATA2017-09002 Thomas & Trisha Jamo 1302 S. Duncan Avenue View looking northerly along S. Duncan Avenue View looking southerly along S. Duncan Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9091-17 2nd rdg Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.21 SUBJECT/RECOMMENDATION: Adopt Ordinance 9091-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1302 South Duncan Avenue, Clearwater, Florida 33756, 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 12/1/2017 Ordinance No. 9091-17 ORDINANCE NO. 9091-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH DUNCAN AVENUE APPROXIMATELY 135 FEET SOUTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESS IS 1302 SOUTH DUNCAN AVENUE, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A 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. 9089-17. Property Zoning District Lot 4, LAKEVIEW VISTA, according to the map or plat thereof, as recorded in Plat Book 34, Page 62, Public Records of PINELLAS County, Florida; Low Medium Density Residential (LMDR) (ATA2017-09002) Ordinance No. 9091-17 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 LAKE ESTELLE LAKE6060 60 60 6060 60 60 4912261866 61866 61867 E D D 1 2 3 4 16 17 18 19 20 11 12 13 14 15 5 6 7 8 6 7 8 9 10 1 2 3 4 5 1 23 4 15 2 13 12 56 8765 1211109 21 22 23 24 25 26 27 100 101 102 97 98 99 78 79 80 7 4 3 1 LMDR LMDR LAKEVIEW RD LAUREL DR BRENTWOOD DR BALMORAL DR EMERALD DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE 172017071212 1714172117151714170017231306 1701171813081701 17261722170617191305 1307 1220 170917051208 1304 170817291715132617171221 1327 1302 1333 1303 171917281716170917211306 170917111332 17031216 17271215 1300 1711170117021339 1302 1111132717121700 11333 13381721 -Not to Scale--Not a Survey-Rev. 9/22/2017 ZONING MAP Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR DRUID RD S KEENE RD NURSERY RD LAKEVIEW RD S LAKE AVE S HIGHLAND AVE NORWOOD AVE S DUNCAN AVE HUNT LN BRENTWOOD DR BUGLE LN BARRY RD MARJOHN AVE LIME ST WOODCREST AVE S LAKE DR PENNY LN STANCEL DR VALENCIA ST LEMON ST WELLINGTON DR CITRUS ST WEBER DR HAMLIN DR DEXTER DR ORANGE ST SATSUMA ST MORROW DR PARKSIDE DR DOROTHY DR BROOKSIDE RD OTTAWA RD WHITACRE DR PINEWOOD DR ILLINOIS RD BALMORAL DR REGENT AVE IRVING AVE SEABREEZE ST S KEYSTONE AVE TUSCOLA RD SPENCER AVE WOODSIDE AVE KENDALL DR WOODRUFF AVE JEFFORDS ST TANGERINE ST FOX CIR HUNTER LN MEADOW LN REDCOAT LN OAK LAKE DR GREAT OAK DR BUDLEIGH ST MAGNOLIA DR ESTELLE DR EMERALD DR GRACELYN DR LIVE OAK CT DRUM ST JEFFORDS ST S DUNCAN AVE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 9/22/2017 LOCATION MAP Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKEVIEW RD LAKEVIEW RD LAUREL DR LAUREL DR BALMORAL DR BALMORAL DR BRENTWOOD DR BRENTWOOD DR EMERALD DR EMERALD DR S DUNCAN AVE S DUNCAN AVE MARJOHN AVE MARJOHN AVE S DUNCAN AVE S DUNCAN AVE -Not to Scale--Not a Survey-Rev. 9/20/2017 AERIAL PHOTOGRAPH Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR LAKE ESTELLE LAKE6060 60 60 6060 60 60 4912261866 61866 61867 E D D 1 2 3 4 16 17 18 19 20 11 12 13 14 15 5 6 7 8 6 7 8 9 10 1 2 3 4 5 1 23 4 15 2 13 12 56 87654 131211109 22 23 24 25 26 27 100 101 102 97 98 99 78 79 80 75 76 77 4 3 1 LAKEVIEW RD LAUREL DR BRENTWOOD DR BALMORAL DR EMERALD DR S DUNCAN AVE MARJOHN AVE S DUNCAN AVE 1720173217071212 1714172117151714170017231306 1701171813081701 17261722170617191305 1307 1220 170917051208 1304 170817291715132617171221 1327 1302 1333 1303 1719172817161709172117311306 170917111332 17031216 17271215 1300 1711170117021339 1302 1111132717121700 11333 13381721 -Not to Scale--Not a Survey-Rev. 9/22/2017 EXISTING SURROUNDING USES MAP Owner(s): Thomas G. & Trisha L. Jamo Case: ATA2017-09002 Site: 1302 South Duncan Avenue Property Size(Acres): ROW (Acres): 0.213 0.171 Land Use Zoning PIN: 23-29-15-49122-000-0040 From : RL R-3 Atlas Page: 307B To: RL LMDR Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1302 S. Duncan Avenue North of the subject property South of the subject property Across the street, to the east of the subject property ATA2017-09002 Thomas & Trisha Jamo 1302 S. Duncan Avenue View looking northerly along S. Duncan Avenue View looking southerly along S. Duncan Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4134 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.1 SUBJECT/RECOMMENDATION: Quarterly Project Report Update - Councilmember Jonson SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 Jan-00 Sep-13 May-27 Jan-41 Oct-54 Jun-68 Feb-82 Oct-95 Jul-09 Mar-23 Nov-36 1 Series1 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1 Diversify Economic Base City of Clearwater Projects -VM Jonson - Quarterly Report (4th Qtr FY 17) 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 3 Printed 12/1/201711:22 AM Date FY 2017 7/11/2016 10/4/2016 1/25/2017 4/4/2017 7/7/2017 Completed 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3 rd Qtr Update Showed Update Showed Update Showed Update Showed Update Showed "= if next report date is later "=if next report date is earlier US 19 Corridor Plan Apr-17 Feb-17 Complete Public outreach Aug-16 Complete Complete Complete Complete Public Hearings on Comp Plan Amend.Dec-16 Dec-16 Dec-16 Dec-16 Complete Complete DEO Agency Review Mar-17 Jan-17 Jan-17 Jan-17 Complete Complete Future Land Use Map Amendments Dec-16 Aug-16 Aug-16 ??Dec-16 Complete DEO Agency Review Mar-17 Jan-17 Jan-17 Jan-17 Feb-17 Complete Text Amendment Hearings Apr-17 Feb-17 Feb-17 Feb-17 Feb-17 Complete Y US 19 Wayfinding Plan - Phase II Aug-16 Nov-16 Nov-16 Dec-17 ? Resolve FDOT Permitting Dec-17 new Second Century Clearwater Gateway Master Plan Y Streetscape Preliminary Plan Approval Jan-17 Sep-16 Dec-16 Jan-17 Jan-17 Complete Streetscape Construction Begins/Complete Mar-18 ??????Mar-17 Mar-18 Mar-18 Streetscape Complete Oct-18 Mar-17 Oct-17 Oct-17 Oct-18 Oct-18 North Marina Development Plan AECOM Conceptual Design Phase - Boat Ramp Sep-16 Sep-16 Sep-16 Complete Complete Complete Y Final Design Phase Begins Apr-17 Feb-17 Feb-17 Feb-17 Feb-17 Apr-17 Construction Plans Sep-17 Sep-17 Sep-17 Sep-17 Sep-17 Sep-17 Construction Permitting Jan-18 Sep-17 Sep-17 Construction Begins/Complete Mar-18 Oct-17 Oct-17 Oct-17 Oct-17 Oct-17 Construction Complete Oct-18 Oct-18 Oct-18 Comprehensive Boating Plan Jan-16 new Complete Complete Bluff/Waterfront Master Plan Feb-17 Kick off Jun-16 Complete Complete Complete Complete Complete Public and Stakeholder Engagement Aug-16 Aug-16 Sep-16 Complete Complete Complete Action Plan Created Nov-16 Nov-16 Nov-16 Nov-16 Nov-16 Complete Approval of Master Plan Feb-17 Jan-17 Jan-17 Feb-17 Feb-17 Complete Award of Engineering Design Contract Dec-17 ????? Completion of Engineering Design Contract Dec-18 ????? Construction of phase one Jul-20 In-House Amend Downtown Plan and Code Changes Review Character Districts Dec-16 Dec-16 Dec-16 Dec-16 Complete Complete Working group meeting/Design Stds Feb-17 Feb-17 Feb-17 Feb-17 ???? Final Draft Sep-17 Apr-17 Apr-17 Apr-17 Sep-17 Jul-17 Adoption - Begins Nov-17 Sep-17 Adoption - Ends May-18 no date Nov-17 Nov-17 Feb-18 Jan-18 FY 2019 Diversify Economic Base Under Contract? Strategic Priorities FY 2018 City of Clearwater Projects -VM Jonson - Quarterly Report (4th Qtr FY 17) 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 4 Printed 12/1/201711:22 AM Date FY 2017 7/11/2016 10/4/2016 1/25/2017 4/4/2017 7/7/2017 Completed 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3 rd Qtr Update Showed Update Showed Update Showed Update Showed Update Showed "= if next report date is later "=if next report date is earlier FY 2019Under Contract? Strategic Priorities FY 2018 Increase Economic Opportunity In-House ED Strategic Plan - Annual Update Apr-17 Feb-18 Mar-18 Feb-17 Feb-17 Feb-17 Apr-17 Apr-17 Pelican Walk Garage Completion Mar-17 Nov-16 Nov-16 Dec-16 Mar-17 Complete Relocate DwnTwn PO and Repurpose Discuss Term Sheet (TENTATIVE)Sep-16 Sep-16 Dropped Downtown Parking Joint Facility Coordination with county begins Mar-17 no date no date no date Mar-17 Complete Coordination with county: decision Sep-18 New Develop and Promote Brand Complete Branding Rollout Jan-17 Dec-16 Dec-16 Dec-16 Jan-17 Complete New Website Jan-17 Dec-16 Dec-16 Jan-17 Jan-17 Complete In-House My Clearwater Magazine Sep-17 Jan-18 May-18 Sep-18 Jan-19 May-19 Same Same Same Same Same Missouri Median FDOT Grant Project Design Plans to FDOT Aug-16 Dec-16 Sep-16 Complete Complete Complete FDOT Approval Oct-16 Feb-17 Oct-16 Oct-16 Complete Complete Bidding Process Begins/Award Dec-16 May-17 Jan-17 Dec-16 Complete Complete Y Construction Begins/Complete Jul-17 Jul-17 Dec-17 Apr-17 May-17 May-17 Jul-17 New Downtown Gateway ID Monuments Design and Construction Docs to FDOT Jan-18 new Bidding Process Begins/Award Apr-18 new Construction installation complete May-19 New Downtown Wayfinding Implementation Design and Construction Docs to FDOT Jan-18 new Bidding Process Begins/Award Apr-18 new Construction installation complete May-19 Foster Community Engagement Neighborhoods/Public Spaces Placemaking Guide Approval Dec-17 Dec-16 Dec-16 Dec-16 Sep-17 Sep-17 Tactical Urbanism Project #1 Jan-17 Dec-16 Dec-16 Jan-17 Jan-17 Complete Neighborhood Engagement Strategy Mar-17 Jan-17 Jan-17 Mar-17 Mar-17 Complete Tactical Urbanism Project #2 Mar-18 Sep-17 Sep-17 Sep-17 Sep-17 Nov-17 Bicycle Paths and Trails Bayshore to Wilson May-15 Complete Bicycle Friendly Designation Aug-18 not on list not on list Aug-17 Aug-18 Aug-18 Druid Road Trail Begins/Ends Nov-17 Aug-18 Jul-17 Jul-17 Jan-18 Jan-18 Jun-18 SR60 Trail Head Lease Dec-17 new date Oct-17 Jul-17 Shifting Gears Plan Update Mar-18 new date Mar-18 Mar-18 Efficiency City of Clearwater Projects -VM Jonson - Quarterly Report (4th Qtr FY 17) 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 5 Printed 12/1/201711:22 AM Date FY 2017 7/11/2016 10/4/2016 1/25/2017 4/4/2017 7/7/2017 Completed 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3 rd Qtr Update Showed Update Showed Update Showed Update Showed Update Showed "= if next report date is later "=if next report date is earlier FY 2019Under Contract? Strategic Priorities FY 2018 In-House IT Strategic Plan -Connectivity Project Segment 6 - Clearwater Beach Marina Dec-17 Dec-16 Dec-17 Dec-17 Dec-17 Dec-17 Segment 8 - North Loop Connector Dec-16 Dec-16 Dec-16 Complete Complete Complete Segment 9 - Ross Norton & Substation Dec-16 Dec-16 Dec-16 Complete Complete Complete Segment 10 - Beach PD Substation Feb-18 Jun-17 Dec-17 Dec-17 Dec-17 Feb-18 Segment 11 - Fire #46 & Beach Rec.TBD Jun-17 Dec-17 Dec-17 Dec-17 TBD Segment 15 - Fire #44 & Sailing Center TBD Dec-17 Dec-17 Dec-17 Dec-17 TBD Segment 16 - Clearwater East Library Dec-16 Dec-16 Dec-16 Complete Complete Complete Segment 17 - Joe DiMaggio Complex Dec-16 Dec-16 Dec-16 Complete Complete Complete Segment 18 - SR 60 Loop Connector Jan-18 Dec-17 Dec-17 Dec-17 Dec-17 Jan-18 Segment 19 - Belcher Road Loop Dec-16 Dec-16 Dec-16 Complete Complete Complete Segment 21 - SW Transfer Station Sep-17 Sep-17 Sep-17 Sep-17 Sep-17 Sep-17 Sep-17 Segment 23 - Morningside & McMullen Dec-17 Dec-17 Dec-17 Dec-17 Dec-17 Dec-17 Gas Pasco Office Y Award of Design Services Contract ????Jan-17 not on list not on list not on list not on list Gas Pinellas Campus Y Award of Design Services Contract Jan-17 Sep-16 Complete Complete Complete Selection of CM at Risk Apr-17 not on list not on list not on list Apr-17 Apr-17 Construction Documents & Permits Dec-17 not on list Mar-17 Mar-17 Sep-17 Sep-17 Contract Award for Construction Phase I Dec-17 not on list Jun-17 Jun-17 Dec-17 Dec-17 Joint use Library SPC Y Construction Start /Completion Dec-17 Dec-17 Dec-17 Dec-17 Dec-17 Dec-17 NEW City Moves to New Library Mar-18 New Groundwater Replenishment Complete Public Outreach Survey Sep-16 Sep-16 Sep-16 Complete Complete Complete Third Party Review - SWFWMD Approval Sep-16 Sep-16 Sep-16 Complete Complete Complete Y Complete Design Oct-17 May-17 May-17 Aug-17 Aug-17 Aug-17 New State Permit Applications Oct-17 new Construction - Wells Complete Sep-18 no date no date Sep-18 Sep-18 Sep-18 Construction - Plant Complete Mar-19 no date no date no date no date no date Implementation Test Phase May-19 no date no date no date no date no date NEW RO #2 Renovation for Targeted Capacity 3rd Party Engineering Evaluation Nov-17 new Deisgn of Solution Projedts Nov-18 new Construction Start - Phase I Nov-18 new NEW Marshall Street IPS Project (completion)Dec-17 new City of Clearwater Projects -VM Jonson - Quarterly Report (4th Qtr FY 17) 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 6 Printed 12/1/201711:22 AM Date FY 2017 7/11/2016 10/4/2016 1/25/2017 4/4/2017 7/7/2017 Completed 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3 rd Qtr Update Showed Update Showed Update Showed Update Showed Update Showed "= if next report date is later "=if next report date is earlier FY 2019Under Contract? Strategic Priorities FY 2018 Quality Performance Measurement City Platform Completion Apr-18 Dec-16 Dec-16 Jan-17 Sep-17 Apr-18 Morningside Rec Center Y Design Complete Mar-17 Sep-16 Sep-16 Mar-17 Mar-17 Complete Council Award of Contract Jun-17 Feb-17 Feb-17 Apr-17 May-17 Jun-17 Construction Complete Mar-18 Feb-18 Feb-18 Mar-18 Mar-18 Island Estates Bridges Y Harbor Passage East - Complete Jun-17 Nov-16 Dec-16 Apr-17 Apr-17 Jun-17 Y Harbor Passage West - Complete Jun-17 Mar-17 Apr-17 Apr-17 Apr-17 Jun-17 Y Northbound Island Way - Complete Jun-17 Sep-16 Apr-17 Apr-17 Apr-17 Jun-17 Y Southbound Island Way - Complete Jun-17 Mar-17 Feb-17 Apr-17 Apr-17 Jun-17 Crest Lake Veterans Memorial May-16 complete Crest Lake Park Master Plan Public Workshops Apr-17 not specifie Jan-17 Jan-17 Apr-17 Apr-17 Y Plan Presented to Council Jun-17 May-17 May-17 May-17 Jul-17 Jul-17 Award Design Contract Oct-17 no date no date no date no date Oct-17 Award Construction Contract Jun-18 Dec-17 Dec-17 Dec-17 Dec-17 Jun-18 Complete Construction Jun-19 no date no date no date no date no date Financial Financial System Replacement MUNIS Sep-16 Sep-16 no date no date Council Approval Feb-17 Dec-16 Dec-16 Feb-17 Feb-17 Complete Y Project Kickoff Feb-17 Feb-17 Feb-17 Feb-17 Feb-17 Complete Completion Date May-18 Oct-17 Nov-17 no date no date Public Safety Y Fire Station 50 GMP Contract to City Council Oct-16 no date Oct-16 Oct-16 Complete Complete Construction Completion Dec-17 Dec-17 Dec-17 Dec-17 Dec-17 Dec-17 Public Safety (continued) Y Police Firing Range Permitting Sep-16 Y Construction Start Oct-16 Sep-16 Oct-16 Oct-16 Complete Complete Completion Oct-17 Sep-17 Sep-17 Apr-17 Aug-17 Sep-17 DEO Resiliency Pilot Grant Vunerability Assessment Aug-16 no date Aug-16 Complete Complete Complete Y Draft Adaption Plan Feb-17 Jun-16 Nov-16 Feb-17 Complete Report/Recommendations Jun-17 Sep-16 Nov-16 Apr-17 Jun-17 Jun-17 City of Clearwater Projects -VM Jonson - Quarterly Report (4th Qtr FY 17) 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 7 Printed 12/1/201711:22 AM Date FY 2017 7/11/2016 10/4/2016 1/25/2017 4/4/2017 7/7/2017 Completed 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3 rd Qtr Update Showed Update Showed Update Showed Update Showed Update Showed "= if next report date is later "=if next report date is earlier FY 2019Under Contract? Strategic Priorities FY 2018 FEMA CRS Level 4 [unscheduled]no date no date no date no date no date Y Fluoridation in RO1 and RO2 Notice of Florida Dept of Health Grant Sep-17 Sep-17 Design & Permitting (RO#1 & RO#2)Oct-17 Jun-17 Jun-17 Jun-17 Jun-17 Aug-17 Construction RO#1 Complete Jun-18 no date Jun-18 Jun-18 Jun-18 Jun-18 Construction RO#2 Complete Jun-18 no date Jun-18 Jun-18 Jun-18 Jun-18 Design & Permitting (RO#3)Apr-18 Oct-17 Oct-17 Oct-17 Oct-17 Apr-18 Construction RO#3 Complete Apr-19 new Y Community sidewalks (Annual Contract)Feb-17 Feb-18 same same same same same CSX Railroad Quiet Zone Notice to Proceed Jun-16 no date Mar-17 Mar-17 Complete Begins Aug-17 Aug-17 Ends May-18 no date no date Apr-17 Jun-17 May-18 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 8 with Deliverable notations Date Completion Completed Projection Deliverable US 19 Corridor Plan Apr-17 Public outreach Aug-16 Public Hearings on Comp Plan Amend.Dec-16 DEO Agency Review Mar-17 Future Land Use Map Amendments Dec-16 DEO Agency Review Mar-17 Text Amendment Hearings Apr-17 US 19 Wayfinding Plan - Phase II Resolve FDOT Permitting Dec-17 ? Final Implementation ? Gateway Master Plan Streetscape Preliminary Plan Approval Jan-17 Streetscape Construction Begins May-18 Streetscape Complete Oct-18 Street and landscaping fully completed in all aspects North Marina Development Plan AECOM Conceptual Design Phase - Boat Ramp Sep-16 Final Design Phase Begins Apr-17 Construction Plans Sep-17 North Marina Boat Ramp, Trail Connection, and park improvements Construction Permitting Jan-18 Construction Begins/Complete Mar-18 Construction Complete Oct-18 Construction modifications and landscaping fully completed in all aspects Comprehensive Boating Plan Jan-16 Bluff/Waterfront Master Plan Feb-17 Kick off Jun-16 Public and Stakeholder Engagement Aug-16 Action Plan Created Nov-16 Approval of Master Plan Feb-17 Award of Engineering Design Contract Contract Approval to proceed with phase one of the design [West of 28' line and Osceola / Cleveland Plaza (excludes the Current City Hall and Parking and excludes the commercial plaza, and apts or hotel between the library and the entrance plaza)]. Completion of Engineering Design Contract Dec-18 Deliverable is construction drawings ready for bidding for all facilities in phase one. Output may be delivered in biddable packages during this time. Construction completion of phase one Jul-20 Note phase 2 and 3 will be scheduled later Strategic Priorities 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 9 with Deliverable notations Amend Downtown Plan Review Character Districts Dec-16 Working group meeting/Design Stds Final Draft Sep-17 Adoption - Begins Nov-17 Adoption - Ends May-18 Approval by City Council of revised Clw CRA and Redevelopmetn Plan and subsequent approval by Pinellas County of the extension to the CRA TIF Revisions to CDC for Downtown May-18 Modifications to the Downtown Distict Code rules to allow change of use by right instead of requiring DRC approval; Modificantions to sign provisions to allow projecting signs under canopy and awings as a right in addition to the attached parallel sign; and Modifications recommended by Streetsense to allow brighter colors on storefronts and other recommendations in downtown. Reference Council Worksession 2/13/2017. ED Strategic Plan - Annual Update Apr-17 Pelican Walk Garage Completion Mar-17 Relocate DwnTwn PO and Repurpose Discuss Term Sheet (TENTATIVE) Downtown Parking Joint Facility Coordination with county begins Mar-17 Coordination with county: decision Sep-18 Decision to proceed with a shared use building / campus with City and County Complete Branding Rollout Jan-17 New Website Jan-17 My Clearwater Magazine Sep-17 Ongoing Missouri Median FDOT Grant Project Design Plans to FDOT Aug-16 FDOT Approval Oct-16 Bidding Process Begins/Award Dec-16 Construction Begins/Complete Jul-17 Downtown Gateway ID Monuments Design and Construction Docs to FDOT Jan-18 Bidding Process Begins/Award Apr-18 Construction installation complete May-19 Staff is proposing only two gateway monuments at Court/Chestnut split on SR60 and the Split of Ft. Harrison and Myrtle. The later is likely not what ULI had in mind. Concern related to Silverboard on 11/30/17 Downtown Wayfinding Implementation Design and Construction Docs to FDOT Jan-18 Bidding Process Begins/Award Apr-18 Construction installation complete May-19 Replacement of existing way finding signs with new signs through-out the CRA district. This will be done as part of the City wide Way Finding project. It is recommended to break this into two party as the downtown portion needs to be accelerated Neighborhoods/Public Spaces 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 10 with Deliverable notations Placemaking Guide Approval Tactical Urbanism Project #1 Jan-17 Neighborhood Engagement Strategy Mar-17 Tactical Urbanism Project #2 TBD TBD Bicycle Paths and Trails Bayshore to Wilson May-15 Bicycle Friendly Designation Apr-18 Needs to be defined Druid Road Trail Begins/Ends Aug-18 Construction complete for the Druid trail from Glen Oaks to the Duke Trail SR60 Trail Head Lease Dec-17 Shifting Gears Plan Update Apr-18 IT Strategic Plan -Connectivity Project Segment 6 - Clearwater Beach Marina . Segment 8 - North Loop Connector Dec-16 . Segment 9 - Ross Norton & Substation Dec-16 . Segment 10 - Beach PD Substation . Segment 11 - Fire #46 & Beach Rec.TBD . Segment 15 - Fire #44 & Sailing Center TBD . Segment 16 - Clearwater East Library Dec-16 . Segment 17 - Joe DiMaggio Complex Dec-16 . Segment 18 - SR 60 Loop Connector . Segment 19 - Belcher Road Loop Dec-16 . Segment 21 - SW Transfer Station Sep-17 . Segment 23 - Morningside & McMullen . Gas Pasco Office Award of Design Services Contract ????. Gas Pinellas Campus Award of Design Services Contract Jan-17 Selection of CM at Risk Apr-17 Construction Documents & Permits Dec-17 Contract Award for Construction Phase I Dec-17 Completion of Construction TBD All modifications completed and operating to include enhanced landscaping of the Trail Joint use Library SPC Construction Start /Completion Dec-17 City Moves to New Library Mar-18 New library open to patrons in a finished building Groundwater Replenishment Complete Public Outreach Survey Sep-16 Third Party Review - SWFWMD Approval Sep-16 Complete Design Oct-17 State Permit Applications Oct-17 Construction - Wells Complete Sep-18 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 11 with Deliverable notations Construction - Plant Complete Mar-19 Implementation Test Phase May-19 ????? Full scale production operation ???No longer discharging xxx MGD per day into Tampa Bay RO #2 Renovation for Targeted Capacity 3rd Party Engineering Evaluation Nov-17 Deisgn of Solution Projedts Nov-18 Construction Start - Phase I Nov-18 Full operation at design capacity ???Operation of RO 2 at original design capacity as funded by SWFWMD Marshall Street IPS Project (completion)Dec-17 Full production operation of reconstructed headwaters facility and all bypass piping removed Performance Measurement City Platform Completion Apr-18 Uncertain of scope at this time. Likely will use the Munis Financial System as a basis. Morningside Rec Center Design Complete Mar-17 Council Award of Contract Jun-17 Construction Complete May-18 Building, parking, pool and site fully operational and completed Island Estates Bridges Harbor Passage East - Complete Jun-17 . Harbor Passage West - Complete Jun-17 . Northbound Island Way - Complete Jun-17 . Southbound Island Way - Complete Jun-17 . Crest Lake Veterans Memorial May-16 . Crest Lake Park Master Plan Public Workshops Apr-17 Plan Presented to Council Jun-17 Award Design Contract Oct-17 Award Construction Contract Jun-17 Complete Construction Jun-19 Park and facilities completed as designed and open to the public Financial System Replacement MUNIS Council Approval Feb-17 Project Kickoff Feb-17 Completion Date May-18 Full operation of the Munis Financial System Fire Station 50 GMP Contract to City Council Oct-16 Construction Completion Dec-17 New FD 50 building fully completed and operational 24x7x365 Police Firing Range 0044_1_2017-11-29 VM Jonson 4th Qtr FY 17 annotated.xlsx 12 with Deliverable notations Permitting Construction Start Oct-16 Completion Oct-17 Completion of all facility per the design specifications and ready for operation DEO Resiliency Pilot Grant Vunerability Assessment Aug-16 Draft Adaption Plan Feb-17 Report/Recommendations Jun-17 FEMA CRS Level 4 [unscheduled] Fluoridation in RO1 and RO2 Notice of Florida Dept of Health Grant Sep-17 Design & Permitting (RO#1 & RO#2)Oct-17 Construction RO#1 Complete Jun-18 Fluoridation 24x7x365 operation for all water processed at Plant 1 Construction RO#2 Complete Jun-18 Fluoridation 24x7x365 operation for all water processed at plant 2 Design & Permitting (RO#3)Apr-18 Construction RO#3 Complete Apr-19 Place holder target date Community sidewalks (Annual Contract)Feb-17 Railroad Quiet Zone Notice to Proceed Begins Aug-17 Ends May-18 Not Listed Complete Streets Project Pinellas Trail Activation Downtown Arts Activation Transportation to the Beach Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4081 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.1 SUBJECT/RECOMMENDATION: December Service Awards SUMMARY: 5 Years of Service Charles Daniels Police David Pearson Information Technology Vicki Hendrix Parks and Recreation Robert Starks Public Utilities Nicholas Namaga Public Utilities Glenn Ferris Parks and Recreation Justin Fletcher Solid Waste Belinda Darcy Police Jon Bolger Gas 10 Years of Service Miguel Tambucho Parks and Recreation Gary Edwards Engineering/Parking Jill Silverboard City Manager Michael Quinzi Parks and Recreation David Huff Public Utilities 15 Years of Service Jere Gunderman Parks and Recreation Jacqueline Clemons Parks and Recreation Daise Castillo Library Sam Swinton Planning and Development Services Antony Mills Police Jeffery Richardson Police Nathan Burnside Police Scott Fowler Police 20 Years of Service Robert Jones Parks and Recreation Page 1 City of Clearwater Printed on 12/1/2017 File Number: ID#17-4081 Robert Strieder Public Utilities Deborah Weitzel Fire Philip Ruppel Public Utilities 25 Years of Service James Atherholt Parks and Recreation Page 2 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4130 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.2 SUBJECT/RECOMMENDATION: 2017 Carol Easterling Award Recipient- Central Region SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4133 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.3 SUBJECT/RECOMMENDATION: ARC Festival of Trees - Madison Orr Hauenstein, Executive Director, The Arc SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4137 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.4 SUBJECT/RECOMMENDATION: Environmental Advisory Board Presentation - Jared Leone, EAB Chair SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4138 Agenda Date: 12/4/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.5 SUBJECT/RECOMMENDATION: Library Board Update - Barbara Blakely, Library Board Chair SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/1/2017