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10/18/2018Thursday, October 18, 2018 5:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda October 18, 2018City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right -hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available . Kindly refrain from using cell phones and electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Infant Safe Sleep Awareness Month Proclamation 4.2 Florida City Government Week Proclamation October 22-28, 2018 5. Approval of Minutes 5.1 Approve the October 4, 2018 City Council Meeting Minutes as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. Page 2 City of Clearwater Printed on 10/17/2018 October 18, 2018City Council Meeting Agenda 7.1 Approve a grant of $75,000 in General Fund Reserves to be set aside as a commitment for the local government contribution required for applicants to participate in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for a proposed 72-unit affordable housing development project, identified as Chestnut Trail, by SP Pinellas II LLC and authorize the appropriate officials to execute same. (consent) 7.2 Approve settlement of workers’ compensation claims 15-000167,17-000133 and 17-000148 for payment of $82,500 inclusive of attorney fees and costs for Ronald Neuberger with a general release of all claims and authorize the appropriate officials to execute same. (consent) 7.3 Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of Oldsmar, Florida in the amount of $421,014 for site improvements at Countryside Sports Complex located at 3060 McMullen Booth Road and authorize the appropriate officials to execute same. (consent) 7.4 Award a construction contract to Odyssey Manufacturing Co. of Tampa, FL in the amount of $629,200.00 for the Marshall Street and NE WRF Alum Feed System Improvements Project (16-0012-UT); approve Supplemental One work order to Engineer of Record (EOR) Metzger and Willard, Inc. in the amount of $79,950 and authorize the appropriate officials to execute same. (consent) 7.5 Approve the Modification Z0229-1 and Z0229 to the Federally-Funded Subaward and Grant Agreement for public assistance support for Hurricane Irma expenditures and grant authority to the City Manager or designee to enter into, approve and execute same and future modifications for Hurricane Irma expenditures. (consent) 7.6 Approve contracts (blanket purchase orders) for Baker and Taylor and Ingram Services for the acquisition of library books and materials for the contract period of October 1, 2018 through September 30, 2019 and authorize the appropriate officials to execute same. (consent) 7.7 Approve an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the amount of $74,100 to provide mobile compressed natural gas services at the Clearwater natural gas filling station and authorize the appropriate officials to execute same. (consent) 7.8 Approve a Contract (Purchase Order) renewal to Communications International of Vero Beach, FL, in the amount of $129,384.00 for the maintenance and repair of the city-wide two-way radio communication system and equipment in accordance with Sec. 2.564(1)(b), Code of Ordinances - Sole Source and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 10/17/2018 October 18, 2018City Council Meeting Agenda 7.9 Approve the purchase of HVAC replacement and repair parts, for an annual not to exceed amount of $300,000 for Fiscal Year 2018/19, 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) 7.10 Approve the purchase of various electrical equipment and repair parts from Graybar Electric Co. Inc, not to exceed $250,000 annually, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the appropriate officials to execute same. (consent) 7.11 Award a contract (purchase order) to Tampa Bay Trane, in the amount of $380,096 to replace chiller at Main Library, per proposal JAY-092118-01, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the appropriate officials to execute same. (consent) 7.12 Request for authority to settle the case of Precon Corporation v. Westfield Insurance Company, et al., Case No. 17-002462 for $143,678.53. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3108 Johns Parkway, together with abutting right-of-way of Johns Parkway; and pass Ordinances 9183-18, 9184-18, and 9185-18 on first reading. (ANX2018-07011) 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2780 North Terrace Drive and pass Ordinances 9196-18, 9197-18 and 9198-18 on first reading. (ANX2018-07013) Page 4 City of Clearwater Printed on 10/17/2018 October 18, 2018City Council Meeting Agenda 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 600 Moss Avenue and pass Ordinances 9199-18, 9200-18 and 9201-18 on first reading. (ANX2018-07014) 8.4 Terminate the Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of 72 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 18-05, and authorize the appropriate officials to execute same. (DVA2009-00001A) 8.5 Deny amendments to the Clearwater Community Development Code to expand the allowance of self-storage warehouses as a flexible standard use, along with use specific standards and minimum off-street parking requirements, in the Regional Center Subdistrict of the US 19 Zoning District where it is currently permitted in the Corridor Subdistrict and do not pass Ordinance 9161-18 on first reading. (TA2018-06003) 8.6 Approve amendments to the Clearwater Community Development Code repealing and replacing Chapter 51 Flood Damage Prevention and amending Chapter 47 Buildings and Building Regulations to adopt new floodplain management regulations utilizing the Florida Department of Emergency Management’s (FDEM) model ordinance and pass Ordinance 9189-18 on first reading. (TA2018-07004) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9176-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real properties whose post office addresses are 1434 and 1446 North Martin Luther King Jr. Avenue, Clearwater, Florida 33756, from Commercial General (CG) to Residential Medium (RM). 9.2 Adopt Ordinance 9177-18 on second reading, amending the Zoning Atlas of the city by rezoning certain real properties whose post office addresses are 1434 and 1446 North Martin Luther King Jr. Avenue, Clearwater, Florida 33756, from Commercial (C) to Medium Density Residential (MDR). 9.3 Adopt Ordinance 9202-18 on second reading, amending Ordinance 9130-18 which vacated public right-of-way of Damascus Road and vacating an ingress and egress easement. Page 5 City of Clearwater Printed on 10/17/2018 October 18, 2018City Council Meeting Agenda 9.4 Adopt Ordinance 9203-18 on second reading, amending Ordinance 3547-84, which vacated the west four feet of Garden Avenue right-of-way abutting Court Square Subdivision, to correct the legal description to clarify that the ordinance only vacated the west four feet of Garden Avenue right-of-way abutting only Lots 35 through 39 of Court Square Subdivision. 10. City Manager Reports 10.1 Ratify and Confirm Change Order Four to Rowland, Inc. of Pinellas Park in the amount of $412,083.39 for emergency sewer repair associated with the forcemain break on Gulf Boulevard as part of the 2013-14 Sanitary Sewer and Manhole Rehabilitation Project (14-0025-UT) and authorize the appropriate officials to execute same. 10.2 Nagano 2019 Trip Dates 11. City Attorney Reports 12. Other Council Action 12.1 City Attorney Evaluation 12.2 City Manager Evaluation 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 6 City of Clearwater Printed on 10/17/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5225 Agenda Date: 10/18/2018 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Infant Safe Sleep Awareness Month Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018 infants 1Vtoreu1,tdieinad beds than anywhere else. EVERY MONTH, A BABY IN PINELLAS COUNTY SUFFOCATES WHILE SLEEPING UNSAFELY. 100% of these deaths could have been prevented. PROTECT BABIES FROM SUFFOCATION. EVERY NIGHT AND EVERY NAP. Babies should always sleep ALONE. Always on their BACKS. Only in an empty CRIB. 0 9C' 4;Pw * CRIB Learn how to PreventNeedlessDeaths.com es 1Vi aldorm`s muevuc a cue de ad, rgPe e oro luga r. CADA MES EN EL CONDADO DE PINELLAS, UN BEBE MUERE ASFIXIADO MIENTRAS DORMIA DE FORMA INSEGURA. 100% de estas muertes podrian haberse prevenido. PROTEGE A LOS BEBES DE LA ASFIXIA. CADA NOCHE Y CADA SIESTA. Los bebes siempre deben dormir A SOLAS. Siempre BOCA ARRIBA Solo en una CUNA vacia. p_ c, 00 a, 9 40 0 o Q' X49 CUNA Aprenda como: PreventNeedlessDeaths.com MY BABY SLEEPS SAFELY I protect my baby from suffocation by always following these safe sleep tips: SAFE SLEEP ABCs: ALONE, BACK, CRIB Always put babies to sleep alone on their back in an empty crib with only a firm mattress and tight -fitting sheet. SHARE A ROOM, NOT A BED Bring baby's crib into parent's room, and never put baby to sleep on a soft surface like an adult bed, couch or air mattress. STAY ALERT WHILE FEEDING BABY Set an alarm and always return baby to crib after feeding. Breastfeed, if fes - Take t + Take the Safe Sleep Pledge and Receive a Free Gift for Baby W W W.BIT.LY/SLEEPBABYSAFELY MI BEBE DUERME DE FORMA SEGURA Yo protejo a mi bebe de la asfixia siempre siguiendo los siguientes consejos para dormir de forma segura: EL ABC PARA UN SUENO SEGURO: A SOLAS, BOCA ARRIBA, CUNA Siempre pongan a dormir a los bebes solos, boca arriba en una cuna vacia con colchones firmes y sabanas ajustadas. COMPARTA SU CUARTO, NO SU CAMA trICIJ La cel nacu del bebe puede s, peenelcuartodelospadres, pero nunca deben acostar al bebe a dormir en superficies suaves. MANTENGASE ALERTA MIENTRAS ALIMENTA ASU BEBE Ponga una alarma y siempre Ileve al bebe a la cuna despues de alimentarlo. Si es posible, amamante a su bebe-Es lo mejor para el bebe Haz un clic aqui y redbirlis un regalo para su bebe WWW.BIT.LY/SLEEPBABYSAFELY-ESPA Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5222 Agenda Date: 10/18/2018 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Florida City Government Week Proclamation October 22-28, 2018 SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4984 Agenda Date: 10/18/2018 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the October 4, 2018 City Council Meeting Minutes as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018 City Council Meeting Minutes October 4, 2018 Page 1 City of Clearwater City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, October 4, 2018 6:00 PM Council Chambers City Council Draft City Council Meeting Minutes October 4, 2018 Page 2 City of Clearwater Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell, Councilmember Hoyt Hamilton, Councilmember Bob Cundiff and Councilmember David Allbritton Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order tat 6:00 p.m. at City Hall. 2. Invocation – Pastor David Ross from the Church of Jesus Christ of Latter Day Saints 3. Pledge of Allegiance – Councilmember Allbritton 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Sister Cities Middle School Student Exchange Program Presentation – Candy Hayes, Sister Cities, Inc. Representative Students provided a PowerPoint presentation. 4.2 Sister Cities High School Student Exchange Program Presentation – Natalie Lamb, Parks & Recreation Program Coordinator Students provided a PowerPoint presentation. 4.3 Sister Cities, Incorporated Young Ambassadors Day Proclamation, October 4, 2018 – Candy Hayes, Sister Cities, Inc. Represenative 4.4 Red Ribbon Week Proclamation, October 23-31, 2018 – Jerry Jones, Clearwater Neighborhood Family center Director Draft City Council Meeting Minutes October 4, 2018 Page 3 City of Clearwater 4.5 Fire Prevention Week Proclamation, October 7-13, 2018 – Clearwater Fire Marshall James Warman 4.6 Recognition of Clearwater as an ICMA recognized City for 95 years - Michael Cernach, FCCMA President Mr. Cernach presented the Mayor and City Manager with a certificate recognizing the City of Clearwater for having the council-manager form of government for 95 years. 4.7 State of the City Presentation - City Manager The City Manager provided a PowerPoint presentation. 5. Approval of Minutes 5.1 Approve the September 20, 2018 City Council Meeting Minutes as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the September 20, 2018 City Council Meeting Minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Greg Allen supported the current form of government. Mike Riordon supported the current form of government and expressed concern that the upcoming referendum did not follow the charter review or petition process and that, if the referendum passes, the special interest groups will have a strong financial impact to candidate campaigns. 7. Consent Agenda – Approved as submitted. 7.1 Accept a Guard Rail Easement over a portion of Lots 1 and 2, Block 1 Springfield subdivision, conveyed to the City by the Property Owner and authorize the appropriate officials to execute same. (consent) 7.2 Approve Change Order Two from Gator Grading and Paving of Palmetto, FL, for the Draft City Council Meeting Minutes October 4, 2018 Page 4 City of Clearwater 2015 Streets Resurfacing Project (14-0051-EN) in the amount of $596,058.20 and authorize the appropriate officials to execute same. (consent) 7.3 Award a contract (Purchase Order) in the amount of $ 643,650.00 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL 34203 for one new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) 7.4 Appoint Sheila Cole to the Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2020. (consent) 7.5 Appoint Hannah R. Joseph to the Sister Cities Advisory Board as the youth member t o fill the remainder of an unexpired term through December 31, 2020. (consent) 7.6 Appoint Councilmember David Allbritton to the Pinellas Suncoast Transit Authority for a three-year term, October 1, 2018 through September 30, 2021, to serve as the Clearwater representative. (consent) Vice Mayor Caudell moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve Ordinance 9202-18 amending previously adopted Ordinance 9130-18, which, subject to certain conditions therein, vacated a portion of Public Right-of-Way of Damascus Road, formerly known as Bostrom Rd., acquired by the City in 1964 per Resolution 64-90 of the City of Clearwater, Florida and an Ingress and Egress Easement acquired in 1996 as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida, and pass Ordinance 9202-18 on first reading. (VAC 2018-09) Ordinance 9202-18 amends Ordinance 9130-18 which was originally adopted on second reading by City Council on May 17, 2018. A scrivener’s error in Section 1, condition 3 was identified after adoption; therefore, a corrective ordinance is required. Draft City Council Meeting Minutes October 4, 2018 Page 5 City of Clearwater The City Council previously found that said right-of-way is not necessary for municipal use and deemed it to be in the best interest of the City and the general public that the same be vacated. Councilmember Cundiff moved to approve Ordinance 9202-18 amending previously adopted Ordinance 9130-18, which, subject to certain conditions therein, vacated a portion of Public Right-of-Way of Damascus Road, formerly known as Bostrom Rd., acquired by the City in 1964 per Resolution 64-90 of the City of Clearwater, Florida and an Ingress and Egress Easement acquired in 1996 as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9202-18 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9202-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 8.2 Approve Ordinance 9203-18 amending previously adopted Ordinance 3547-84, which vacated a portion of public Right-of-Way of Garden Avenue, according to the map or plat thereof recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, Florida, and pass Ordinance 9203 -18 on first reading. (VAC 2018-10) Ordinance 9203-18 amends Ordinance 3547-84 which was originally adopted on second reading by City Council (then Commission) on May 3, 1984. A recent review of title documentation involving the subject area revealed an inconsistency as between the legal description and the depiction by sketch. This ordinance is to clarify that the intent of Ordinance 3547-84 was to vacate the West four feet of the 100-foot right-of-way of Garden Avenue abutting Lots 35 through 39 only and that no portion of Garden Avenue right-of-way south of the southerly boundary of Lot 35 was vacated by Ordinance 3547-84. The City Council previously found that said right-of-way was not necessary for municipal use and deemed it to be in the best interest of the City and the general public that the same be vacated. Councilmember Allbritton moved to approve Ordinance 9203-18 amending previously adopted Ordinance 3547-84, which vacated a portion of public Right-of-Way of Garden Avenue, according to Draft City Council Meeting Minutes October 4, 2018 Page 6 City of Clearwater the map or plat thereof recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9203 -18 was presented and read by title only. Vice Mayor Caudell moved to pass Ordinance 9203-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 8.3 Approve a Future Land Use Map Amendment from the Commercial General (CG) category to the Residential Medium (RM) category for 1434 and 1446 North Martin Luther King Jr. Avenue, and pass Ordinance 9176-18 on first reading. (LUP2018-06005) This Future Land Use Map amendment application involves a 0.3-acre property comprised of two parcels located at the southwest corner of North Martin Luther King Jr. Avenue and Grant Street. The property is owned by Tampa Bay Community Development Corporation which provides education, counseling, and housing opportunities to revitalize neighborhoods for low to moderate income households. The applicant is requesting to amend the Future Land Use Map designation of the subject property from Commercial General (CG) to Residential Medium (RM) to develop the parcels with two detached dwellings (affordable housing units). The applicant has submitted a Zoning Atlas Amendment request to rezone the property from the Commercial (C) District to the Medium Density Residential (MDR) District which is being processed concurrently with this case (REZ2018-06003). The proposed Residential Medium (RM) category allows moderate to high density residential uses and would permit development at a density of 15 dwelling units per acre. The requested amendment would allow the site to be developed with residential units through a Level I process as either a Minimum Standard development or Flexible Standard development (FLS) application. The Planning & Development Department has determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of Draft City Council Meeting Minutes October 4, 2018 Page 7 City of Clearwater property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board will review the application at its October 2, 2018 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the city council meeting. One individual spoke in support. Councilmember Cundiff moved to approve a Future Land Use Map Amendment from the Commercial General (CG) category to the Residential Medium (RM) category for 1434 and 1446 North Martin Luther King Jr. Avenue. The motion was duly seconded and carried unanimously. Ordinance 9176-18 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9176-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 8.4 Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) categories to the Institutional (I) category for 1510 Barry Road; and do not pass Ordinance 9150-18 on first reading. (LUP2018-02002) This Future Land Use Map amendment involves 2.137 acres consisting of three parcels located on the north side of Barry Road approximately 650 feet east of South Highland Avenue. The property is owned by 1510 Barry Holdings LLC and is occupied by vacant buildings totaling 26,238 square feet with ancillary off-street parking that was last used as an office (Tampa Bay Computer Society) in 2015. The proposed amendment area has frontage on Barry Road (430 feet) and Jeffords Street terminates at the northeast corner of the site. The applicant is requesting to change the Future Land Use Map designation of the proposed amendment area from Residential/Office General (R/OG) and Draft City Council Meeting Minutes October 4, 2018 Page 8 City of Clearwater Residential Urban (RU) to Institutional (I). The requested amendment would allow the property to be redeveloped with a variety of institutional uses, including a half-way house use, which the applicant has indicated is the intent; however, no site plan is in review at this time. The applicant has submitted a Zoning Atlas amendment (REZ2018-02001) which is being processed concurrently with this case. The proposed Institutional (I) future land use category allows a mix of institutional uses, and primarily permits nonresidential development at an intensity of 0.65 FAR. Residential development is permitted at a density of 12.5 dwelling units per acre, and residential equivalent uses are allowed at 3 beds per permitted dwelling unit. The property has two prior site plan approvals (FLD2013-02003, FLD2016-11036) for an educational facility and an assisted living facility (ALF), respectively. Unfortunately, the owner and/or applicant has failed to submit for building permits in the time required and the approvals have expired or building permits issued have been later voided. The property has multiple active violations including a stop work order (SWO2018-03025), unsafe building (UNS2018-00006), and public nuisance (PNU2018-00181 and PNU2017-01340) and is actively accruing liens on some of the violations. The immediate area is developed with single-family houses (abutting the subject property and in the area), several ALFs and offices. This site is in the transitional area from the more intense commercial designations and uses to the west along South Highland Avenue to the lower density residential neighborhood to the east. The Residential/Office General (R/OG) future land use category that is the primary designation of the subject property and the two consistent zoning districts [Office (O) District, which is the current zoning designation of the majority of the site, and the Medium Density Residential (MDR) District] allow for development and uses that are appropriate in this transition area from more intense commercial to less intense residential uses, especially on local streets such as Barry Road or Jeffords Street, and are in character with the single family residential neighborhood to the east of the property. The proposed Institutional (I) category is not appropriately located and the request is not compatible with the surrounding area and may unreasonably affect the use of the properties in the area. There is not a need to add institutionally designated property within this area and doing so on this property would ultimately lead to “spot zoning”, which is a term applied to amending only one or a few lots, at the expense of the zoning scheme as a whole. The Planning and Development Department determined that the proposed Draft City Council Meeting Minutes October 4, 2018 Page 9 City of Clearwater Future Land Use Map amendment is inconsistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is inconsistent with the Comprehensive Plan. • The proposed amendment is incompatible with the surrounding property and character of the neighborhood. • The proposed amendment will have an adverse impact on the use of property in the immediate area. It is acknowledged that the proposed Future Land Use Map amendment will not adversely impact the natural environment, and there are sufficient public facilities are available to serve the property. However, institutional uses typically generate more traffic than residential uses like those in the immediate area, and the addition of trips may impact Barry Road and Jeffords Streets, the two local roads providing access to the site. Properties with Institutional (I) designations in the larger surrounding area are along South Highland Avenue and Lakeview Road, both collector roads. Additionally, although the proposed amendment is consistent with the purpose of the proposed category in the Countywide Rules, the proposed designation of the subject property is inconsistent with the designations on the surrounding properties. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board will review this application at its October 2, 2018 public hearing and staff will provide an update with their recommendation a the City Council meeting. Planning and Development Assistant Director Gina Clayton said the applicant has withdrawn the request. One individual spoke in support. The City Clerk read the email submitted by the applicant withdrawing Item 8.4 and the associated rezoning request. No action taken. 9. Quasi-Judicial Public Hearings Draft City Council Meeting Minutes October 4, 2018 Page 10 City of Clearwater 9.1 Approve a Zoning Atlas Amendment from the Commercial (C) District to the Medium Density Residential (MDR) District for 1434 and 1446 North Martin Luther King Jr. Avenue, and pass Ordinance 9177-18 on first reading. (REZ2018-06003) This Zoning Atlas amendment application involves a 0.3-acre property comprised of two parcels located at the southwest corner of North Martin Luther King Jr. Avenue and Grant Street. The property is owned by Tampa Bay Community Development Corporation which provides education, counseling, and housing opportunities to revitalize neighborhoods for low to moderate income households. The applicant is requesting to rezone the subject property from the Commercial (C) District to the Medium Density Residential (MDR) District to develop the parcels with two detached dwellings (affordable housing units). The applicant has submitted a Future Land Use Map amendment which is being processed concurrently with this case (see case LUP2018-06005). The proposed Medium Density Residential (MDR) District will allow the site to be developed with residential uses through a Level I process as either a Minimum Standard development or Flexible Standard development (FLS) application and is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The Planning & Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area. • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. • The proposed Medium Density Residential (MDR) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board will review the application at its October 2, 2018 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. One eComment was received in support, see page 2 2. Draft City Council Meeting Minutes October 4, 2018 Page 11 City of Clearwater Councilmember Allbritton moved to approve a Zoning Atlas Amendment from the Commercial (C) District to the Medium Density Residential (MDR) District for 1434 and 1446 North Martin Luther King Jr. Avenue. The motion was duly seconded and carried unanimously. Ordinance 9177-18 was presented and read by title only. Vice Mayor Caudell moved to pass Ordinance 9177-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 9.2 Deny a request to amend the Zoning Atlas designation from Office (O ) and Low Medium Density Residential (LMDR) Districts to Institutional (I) District for 1510 Barry Road; and do not pass Ordinance 9151-18 on first reading. (REZ2018-02001) This Zoning Atlas amendment involves 2.137 acres consisting of three parcels located on the north side of Barry Road approximately 650 feet east of South Highland Avenue. The property is owned by 1510 Barry Holdings LLC and is occupied by vacant buildings totaling 26,238 square feet with ancillary off-street parking that was last used as an office (Tampa Bay Computer Society) in 2015. The proposed amendment area has frontage on Barry Road (430 feet) and Jeffords Street terminates at the northeast corner of the site. The applicant is requesting to change the Zoning Atlas designation of the proposed amendment area from Office (O) and Low Medium Density Residential (LMDR) Districts to the Institutional (I) District. The requested amendment would allow the property to be redeveloped with a variety of institutional uses, including a half-way house use, which the applicant has indicated is the intent; however, no site plan is in review at this time. The applicant has submitted a Future Land Use Plan amendment (LUP2018-02002) which is being processed concurrently with this case. The property has two prior site plan approvals (FLD2013-02003, FLD2016-11036) for an educational facility and an assisted living facility (ALF), respectively. Unfortunately, the owner and/or applicant has failed to submit for building permits in the time required and the approvals have expired or building permits issued have been later voided. The property has multiple active violations including a stop work order (SWO2018-03025), unsafe building (UNS2018-00006), and public nuisance (PNU2018-00181 and PNU2017-01340) and is actively accruing liens on some of the violations. The immediate area is developed with single-family houses (abutting the Draft City Council Meeting Minutes October 4, 2018 Page 12 City of Clearwater subject property and in the area), several ALFs and offices. This site is in the transitional area from the more intense commercial districts and uses to the west along South Highland Avenue to the lower density residential neighborhood to the east. The Office (O) District that is the primary designation of the subject property allows for development and uses that are appropriate in this transition area and is in character with the single-family residential neighborhood to the east of the property. The proposed Institutional (I) District is not appropriately located and the request is not compatible with the surrounding area and may unreasonably affect the use of the properties in the area. While certain permitted uses may be compatible with the single-family uses in the area, these same uses are also already permitted through the existing Office (O) District. There is not a need to add institutionally designated property within this area and doing so on this property would be “spot zoning,” which is a term applied to the rezoning of only one or a few lots, at the expense of the zoning scheme as a whole. The Planning and Development Department determined that the proposed Zoning amendment is inconsistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is inconsistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is incompatible with the surrounding property and character of the neighborhood. • The available uses in the Institutional (I) District are not compatible with the surrounding area. It is acknowledged that the proposed Zoning Atlas amendment will not adversely burden most public facilities in an unreasonably or disproportionate manner. However, institutional uses typically generate more traffic than residential uses like those in the immediate area, and the addition of trips may affect may impact the traffic-carrying capacities of Barry Road and Jeffords Streets, the two local roads providing access to the site. Properties with Institutional (I) District zoning in the larger surrounding area are along South Highland Avenue and Lakeview Road, both collector roads. Additionally, although the proposed Institutional (I) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment, the proposed rezoning would result in spot zoning which would be inconsistent with the neighborhood and would change the zoning pattern for a speculative use. The Community Development Board will review this application at its October 2, 2018 public hearing and staff will provide an update with their recommendation at the City Council meeting. Item Withdrawn (see Item 8.4). Draft City Council Meeting Minutes October 4, 2018 Page 13 City of Clearwater No action taken. 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9191-18 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2018 to reflect increases and decreases in revenues and expenditures for the General Fund, the Special Development Fund, Special Program Fund, Stormwater Fund, Gas Fund, Solid Waste and Recycling Fund, Marine Fund, Clearwater Harbor Marina Fund, Parking Fund and Garage Fund. Ordinance 9191-18 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 9191-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 10.2 Adopt Ordinance 9192-18 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2018 to reflect a net decrease of $92,554,441. In response to a question, Assistant City Manager Micah Maxwell said the $92 million net decrease is related to a public utilities bond that was taken out last year; the project is being pushed back and the money is not currently needed. Ordinance 9192-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9192-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 10.3 Continue second reading of Ordinance 9150-18 to November 1, 2018, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real property whose post office address is 1510 Barry Road, Clearwater, Florida, from Residential/Office General (R/OG) and Residential Urban (RU) to Institutional (I). Draft City Council Meeting Minutes October 4, 2018 Page 14 City of Clearwater Item withdrawn (see Item 8.4) No action taken. 10.4 Continue second reading of Ordinance 9151-18 to November 1, 2018, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1510 Barry Road, Clearwater, Florida, from Office (O) and Low Medium Density Residential (LMDR) to Institutional (I). Item withdrawn (see Item 8.4) No action taken. 10.5 Continue second reading of Ordinance 9176-18 to October 18, 2018, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real properties whose post office addresses are 1434 and 1446 North Martin Luther King Jr. Avenue, Clearwater, Florida 33756, from Commercial General (CG) to Residential Medium (RM). Vice Mayor Caudell moved to continue Item 10.5 to October 18, 2018. The motion was duly seconded and carried unanimously. 10.6 Continue second reading of Ordinance 9177-18 to October 18, 2018, amending the Zoning Atlas of the city by rezoning certain real properties whose post office addresses are 1434 and 1446 North Martin Luther King Jr. Avenue, Clearwater, Florida 33756, from Commercial (C) to Medium Density Residential (MDR). Councilmember Cundiff moved to continue Item 10.6 to October 18, 2018. The motion was duly seconded and carried unanimously. 11. City Manager Reports 11.1 Authorize the purchase of vehicles (heavy and light duty) and equipment as appro ved in the 18/19 Fiscal Year Budget, per the recommended contracts in accordance with City Code of Ordinances, Section 2.564 (1)(d) Other Government Entities, including the authorization to surplus the designated vehicles and equipment, and authorize the appropriate officials to execute same. The Fleet Department is requesting a consolidated expenditure authorization not to exceed $9,241,310.00 for the acquisition of vehicles and equipment per attached 18/19 Vehicle Replacement List. Purchases include Draft City Council Meeting Minutes October 4, 2018 Page 15 City of Clearwater vehicles/equipment that are new additions to the City’s Fleet, as well as replacements of units being retired in Fiscal Year 2019; the latter having reached the end of their useful and economic life. Factors used to determine the end of useful and economic life include but are not limited to: age, mileage/hours of operations, historical maintenance cost as compared to like vehicles, operating cost per mile/hour, anticipated and ongoing repairs, and physical condition. The contracts recommended for purchase authorization are competitively bid and awarded by their respective jurisdictions: • FSA/FAC is a purchasing cooperative in the State of Florida for police and municipal requirement Contract FSA17-VEL25.0 October 13, 2017 - September 30, 2018 and contract FSA17-VEH15.0 October 13, 2017 - September 30, 2018. • Sourcewell formerly NJPA is a purchasing cooperative operating under legislative authority in the State of Minnesota Contract #120716-NAF January 17, 2017 - January 17, 2021. • The HGAC is a regional purchasing cooperative in Southeastern Texas comprising over thirteen counties and 100 cities. Contract GR01-18 January 1, 2018 - December 31, 2020 and Contract VE11-15 November 1, 2015 - October 31, 2018. • State of Florida, Department of Management Services, cooperatively bids requirements of agencies throughout Florida. Contract 25100000- 18-1 November 17, 2017 - November 16, 2019. Vehicles and equipment designated for surplus authorization will be transferred to Tampa Machinery Auction for disposition upon mobilization of the replacement vehicle. The preparation of a new vehicle may include the application of decals, accessories upfitting, CNG (natural gas) retrofitting, etc. APPROPRIATION CODE AND AMOUNT: Fund Impacted 010 Fund Impacted General Fund $2,119,500.00 421 Public Utilities $614,000.00 423 Gas $564,000.00 424 Solid Waste $2,344,000.00 426 Recycling $124,000.00 555 IT $24,000.00 565 General Services $538,000.00 Total $6,327,500.00 Draft City Council Meeting Minutes October 4, 2018 Page 16 City of Clearwater Penny Funds (315-94238) $100,000.00 Garage Fund Motorized Cash (315-94233) $127,100.00 Gas Cash (423-TBD) $8,000.00 Police Cash (181-99350) $34,000.00 Public Utilities Cash (1346/2051-591000) $910,600.00 Fire Department Additional L/P (316-94244) $141,000.00 Bldg & Maintenance Additional L/P (316-94525) $65,000.00 Parks & Rec Additional L/P (316-93XXX) $152,610.00 Stormwater Additional L/P (316-91692) $1,375,500.00 Total $2,913,810.00 Grand Total $9,241,310.00 In response to questions, Solid Waste and General Services Director Earl Gloster said each department identifies the vehicle purchases in their operating budget. The Fleet division manages the CIP. The number of vehicles to be purchased is higher than usual due to the additional vehicles related to the Police Department's take home vehicle policy. Councilmember Cundiff moved to authorize the purchase of vehicles (heavy and light duty) and equipment as approved in the 18/19 Fiscal Year Budget, per the recommended contracts in accordance with City Code of Ordinances, Section 2.564 (1)(d) Other Government Entities, including the authorization to surplus the designated vehicles and equipment, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11.2 Approve the purchase of vehicle parts for heavy and light duty vehicles and equipment approved in the 18/19 Fiscal Year Budget, per the pricing, terms and conditions of the following contracts, sole source vendors, specialty parts vendors and other vendors in accordance with City Code of Ordinances, Section 2.564 (1)(d) Other Government Entities Bid, for a not to exceed total of $1,400,000, and authorize the appropriate officials to execute same. • City of Miami 249240(18) expires 12/21/18 (Parts House) The City of Miami contract is being rebid and we will transition to the new contract when it is awarded. • Hillsborough County Schools ITB#13136-DST expires 09/30/19 (Fleet Products) • Hillsborough County Schools ITB#15-060-02 expires 08/12/19 Draft City Council Meeting Minutes October 4, 2018 Page 17 City of Clearwater (Sunstate) • Hernando County Schools 18-060-08 expires 09/06/20 (Napa) There is an estimated 18% of the annual parts budget that is not spent with sole source vendors or piggyback off various contracts. 13% of smaller dollar purchases under $2,500 are paid with p-cards, while the remaining 5% are quotes. Additional vendors will be engaged if 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: 5666611-550600 These funds are available in the operating expense of fleet maintenance as budgeted in fiscal year 18/19. Councilmember Hamilton moved to approve the purchase of vehicle parts for heavy and light duty vehicles and equipment approved in the 18/19 Fiscal Year Budget, per the pricing, terms and conditions of the following contracts, sole source vendors, specialty parts vendors and other vendors in accordance with City Code of Ordinances, Section 2.564 (1)(d) Other Government Entities Bid, for a not to exceed total of $1,400,000, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11.3 Review 15% design for Imagine Clearwater and authorize staff to create a workorder for the remaining 85% of the Imagine Clearwater Design. In February of 2018, the City of Clearwater engaged Stantec to complete the first 15% of the design drawings for Imagine Clearwater. That stage of the design has been completed and staff would like to proceed with the remaining 85% of the design. As the workorder will be over $100,000, it will require Council approval at a future meeting. The Council recessed from 7:23 p.m. to 7:30 p.m. Assistant City Manager Micah Maxwell and Stantec Landscape Architect Kyle Steele provided a PowerPoint presentation. In response to questions, Mr. Maxwell said staff's focus on revenue generation has been less about the operations of the bandshell facility and Draft City Council Meeting Minutes October 4, 2018 Page 18 City of Clearwater more focused on the overall economic development piece for the entire Downtown, increasing property values and revenues from property taxes, utility fees and communication service tax. Staff anticipates this element will launch the rest of Downtown. The architectural portion of the design plan will go back to public for feedback. He said staff needs direction on the scope of the bandshell facility (i.e., the footprint and canopy), as it will affect the design of the rest of the park because of the subsurface utilities. Mr. Steele said the preliminary patron calculations showed that 2,000 seated individuals would take up approximately 18,000 sq.ft.; the remaining lawn area would be approximately 98,000 sq.ft. If 4,000 seated individuals were added, they would take approximately 32,000 sq. ft.; the remaining lawn area would be approximately 84,000 sq.ft. Mr. Maxwell said the estuary was not intended to be an "estuary;" the focus was on the environment, stormwater and aesthetics. The cost of the proposed plan shown tonight is closer to $50 million, without the roof over the seated area and expanded back of house facilities for the stage. The long-term financing plan is to have the two redevelopment sites fund the project; there is approximately $10 million currently available for the project. He said staff wants to finalize the plan so those who wish to join the conservancy are in line with the plan; the City will have to determine the level of maintenance and areas the conservancy will address. The community members may start their own conservancy. Discussion ensued with comments made that the bandshell facility should be able to pay for the ongoing maintenance, the facility should be a world class venue. Support was expressed to have a covered roof over the chairs. A concern was expressed that an economic impact study is needed in order to determine the financial options. Mr. Maxwell said staff needs to understand the programming expectations in order to determine the impacts to the green space and traffic. The City Manager said Council's expectations on the infrastructure needed for a world class venue is needed in order to continue with the design process. One individual spoke in support of the original master plan. Two individuals supported a larger, covered bandshell that can accommodate the Florida Orchestra. Two individuals spoke in support, with one urging the City not to move in a different direction. In response to a question, Ruth Eckerd Hall Chief Programming Officer Draft City Council Meeting Minutes October 4, 2018 Page 19 City of Clearwater Bobby Rossi said Ruth Eckerd Hall is interested in using the bandshell facility for 20 to 30 shows a year. Clearwater is a desirable destination to industry partners. One individual supported the City slowing down with plan implementation to determine what the entertainment industry market desires to make it a success and expressed concerns with a conservancy. One individual supported slowing down and suggested looking at Realize Bradenton, the conservancy created in Bradenton. Discussion ensued with support expressed to slow down the process to conduct an economic impact study, seek additional public comments on the bandshell facility. In response to questions, Stantec Representative Hamid Sahebkar said there is significant amount of utilities infrastructure in this area because it is the launching area for all of the utilities for the beach. The design layout will be impacted by the utilities. He said the firm has designed a layout of the expanded bandshell and prepared 15% construction plans for some of the utility relocation. Any design modifications to the Green area would impact the construction plans. He suggested limiting modifications to the bandshell footprint. The challenge with an estuary is performance and maintenance; to be effective, estuaries must be in a larger environment. It was expected that the estuary would also serve as a stormwater treatment system; the stormwater treatment system would have to occur in advance of the estuary, requiring a bigger footprint. The consulting team recommended a pond that would provide water quality treatment and a transitional zone with plantings. He said the pond could be implemented in Phase 3. Mr. Maxwell said the bandshell facility floor plan in the master plan was 100 ft. by 60 ft., with an 80 ft. by 80 ft. bandshell. Parks and Recreation Planning and Project Manager Kris Koch said the proposed bandshell back of house operations would not meet a world class facility criteria. Stantec Landscape Architect Greg Meyer said the original master plan included a minimum scaled stage area with no back of house support. Mr. Rossi said Ruth Eckerd Hall would support a 20- ft. wider stage. He suggested the green room face the water. Mr. Maxwell said council direction is needed on the number of shows desired and number of days the Green should be closed in order to understand the economic and traffic impacts. The Council recessed from 9:32 p.m. to 9:40 a.m. Draft City Council Meeting Minutes October 4, 2018 Page 20 City of Clearwater The City Manager requested direction on what can be pursued in the plan outside of the Green discussion. He said a detailed discussion on the bandshell facility and infrastructure would be at a later date. There was consensus to move forward with the plans for the Coachman garden and the lake. In response to questions, engineering Construction Manager Tim Kurtz said staff is working with the structural engineer regarding the demolition of the Harborview. Staff anticipates the demolition will occur in the beginning of the new year. Staff will be providing Council with a timeline for asbestos abatement and demolition soon. The proposed lake design is consistent with the master plan. It was stated more information is required from Ruth Eckerd Hall regarding the facility needed to service the events. There was consensus that Ruth Eckerd Hall was expected to hold 30 musical events per year. Staff was directed to provide more information on the design of the Green area. In response to a question, Mr. Meyer said the Green area could be increased; the proposed design meets the master plan criteria. As proposed, the design allows 18,000 individuals, if a standing audience. Mr. Steele said the stairs to the park are ADA accessible. Stantec Representative Daryl LeBlanc said the Green includes a structure for restrooms that has the capacity to serve an event with 5,000 individuals. Temporary restroom facilities would be needed for larger events. The structure will also include office space for the Harbor Master. 12. City Attorney Reports – None. 13. Closing comments by Councilmembers (limited to 3 minutes) – None. 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. Draft City Council Meeting Minutes October 4, 2018 Page 21 City of Clearwater 15. Adjourn The meeting adjourned at 10:03 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5218 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a grant of $75,000 in General Fund Reserves to be set aside as a commitment for the local government contribution required for applicants to participate in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for a proposed 72-unit affordable housing development project, identified as Chestnut Trail, by SP Pinellas II LLC and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 7, 2018, the city’s Economic Development and Housing Department released a Request for Applications (RFA) for projects seeking a local government contribution to apply for the Fiscal Year 2018-19 State of Florida Low-Income Housing Tax Credit Program (LIHTC). The City received one proposal on September 21, 2018. A review committee, made up of staff from the Economic Development & Housing and Planning & Development departments as well as from the City of Clearwater Community Redevelopment Agency, met and reviewed the application received by the Housing Division. The review committee reviewed the project for consistency with goals and strategies of adopted long range plans, current zoning and land use of the subject sites, appropriateness of scale and other features. The committee recommends approval of Chestnut Trail project application. Project Overview SP Pinellas II LLC from Tampa, Florida, submitted an application to develop Chestnut Trail, a 72-unit affordable housing project. The proposal calls for 72 two- and three-bedroom units to be located in a new five-story structure inclusive of two-levels of parking located at 645 Chestnut Street. Ninety percent of the units will be made available to residents at or below 60% of Area Median Income (AMI) and 10% of the units will be made available to residents at or below 35% of AMI. The subject site is a vacant lot located within the City’s Community Redevelopment Area fronting Chestnut Street and is located approximately .25 miles from the Pinellas County Courthouse and other downtown amenities. The proposed development team includes Southport Development, Inc. (Developer), Vaughn Bay Construction, Inc. (Contractor) and Architectonics Studios, Inc. (Architect). The estimated total development cost is $19.43 million. In this application cycle, the minimum value of contributions required from a government agency for a Tax Credit Program application to receive the maximum points is $75,000. To meet this requirement, the local government must make a commitment to a project they are supporting. Staff Recommendation Staff is recommending a funding commitment to Chestnut Trail if chosen by the FHFC as the successful applicant. Page 1 City of Clearwater Printed on 10/17/2018 File Number: ID#18-5218 The proposed funding commitment from General Fund Reserves will be reimbursed by Housing Division funds at the time of project award. If the project is selected by FHFC, the commitment for General Fund Reserves would be released. About the Request for Applications (RFA): Florida Housing Finance Corporation (FHFC) issued RFA 2018-112 to open the application period for the LIHTC Program for Large Counties. According to LIHTC program rules, only one project per Large County (Broward / Duval / Hillsborough / Orange / Palm Beach / Pinellas) will be funded for development through this tax credit cycle. FHFC determines the successful applicant through this competitive process. Should this proposal be awarded LIHTC funding through this tax credit cycle, staff recommends City support of the successful project with a $75,000 contribution which is the minimum amount that can be committed as a representation of local government support. This contribution represents City of Clearwater support of the successful project; it does not represent development approval. Final FHFC approval is anticipated to occur in March 2019. About the Low-Income Housing Tax Credit Program: The Low-Income Housing Tax Credit Program is governed by the U.S. Department of Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of the Internal Revenue Code, as amended. The program was established to provide for-profit and non-profit organizations with a dollar-for-dollar reduction in federal tax liability in exchange for the acquisition and substantial rehabilitation or new construction of low- and very low-income rental housing units (60% of the AMI and below with a set aside for 40% of AMI and below). USE OF RESERVE FUNDS: Funding for this contract will be provided by General Fund reserves in the amount of $75,000. Inclusive of this item if approved, a net total of $75,000 of General Fund reserves has been appropriated by Council to fund expenditures during fiscal 2018/2019. The remaining unappropriated balance of General Fund reserves, after the 8.5% reserve, is approximately $9.3 million, or 6.3% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 10/17/2018 S EAST AVECOURT ST TURNER ST S MYRTLE AVE CHESTNUT ST 645435 423 502 509 708509 636630617650640631628646609625504606651 708657606624642800620619635751411 802½Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD N.T.S.295B 15-29s-15e9/28/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 645 Chestnut Str 15-29-15-54450-019-0030 Document Path: V:\GIS\Engineering\Location Maps\645 ChestnutStr.mxd TM Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5221 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve settlement of workers’ compensation claims 15-000167,17-000133 and 17-000148 for payment of $82,500 inclusive of attorney fees and costs for Ronald Neuberger with a general release of all claims and authorize the appropriate officials to execute same. (consent) SUMMARY: Mr. Neuberger sustained injuries on December 26, 2015, September 7, 2017 and September 25, 2017 from three separate incidents. He was employed at the City as a Fire Inspector for seven years and retired from the Fire Department in June 2018 with an in-line-of-duty disability pension. The City has spent a total of $137,356 for all three claims. As a result of these accidents, he had surgery and may undergo another more complicated procedure in the future since current treatment is not entirely effective. The City faces a potential $90,000.00 in surgical costs and treatment for this operation. As a result, based on his life expectancy, the City ’s exposure, including the $90,000 in surgical costs and treatment, is projected to be $434,000 to $546,000 in future medical care and lost wages. Mediation on September 4, 2018, was unsuccessful; however, shortly afterward, the claimant and his attorney agreed to settle all his claims for $82,500, inclusive of attorney fees and costs, contingent on City Council approval. The Risk Management Division; the outside attorney for the City of Clearwater, Mark Hungate with Banker Lopez Gassler, P.A.; and the City’s Claims Committee recommend approval. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. APPROPRIATION CODE AND AMOUNT: 5907590-545800 $82,500.00 Page 1 City of Clearwater Printed on 10/17/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5220 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of Oldsmar, Florida in the amount of $421,014 for site improvements at Countryside Sports Complex located at 3060 McMullen Booth Road and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2016, Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts with 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 for a period of four years. 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. Renovations and site improvements have been needed at the Countryside Sports Complex for many years. Council established a CIP project in Fiscal Year 2016/17 for $800,000 to address at least one of the issues which was to construct a replacement restroom, concession, and storage building. Since additional funding was needed to accomplish the renovation, the City applied for and was awarded a TDC grant for $1.9 million, as well as obtaining donations from City Co-Sponsor Sports Groups including the Countryside Cougars, Clearwater Soccer, Clearwater Lacrosse, as well as the City of Safety Harbor commitment of $350,000, and Florida Recreation Development Assistance Program (FRDAP) Grant of $100,000. On August 16, 2017, the City Council awarded a contract to Wannemacher Jenson Architects, Inc. (WJA) in the amount of $152,000 for architectural and engineering services for the design of a new building to house restrooms, concession, a press box, storage, meeting rooms, and lockers at the Countryside Sports Complex. This Contract consists of construction of underground utilities, parking, retaining walls, and site grading. Construction of the Building will be completed once site work is completed by others. The Sports Complex will be operational during the entire construction period. This is a 180-day contract and will be completed prior to May 2019. Page 1 City of Clearwater Printed on 10/17/2018 File Number: ID#18-5220 APPROPRIATION CODE AND AMOUNT: Funds are available for this project in Capital Improvement Project 315-93652 “Countryside Sports Plex Renovations”. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/17/2018 Construction Manager at Risk Contract This CONTRACT made and entered into this ail; 91.249/6, by and between the City of Clearwater, Florida, a municipal corporation, herein designated as the "City" or "Owner", and Kc m is Csedr w ed..s . of theCS' .f Oiambot, 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 in the amount of $ 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 fumish 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 govemmental 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 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. 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 3of12 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 altematives 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 fumish 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 conceming 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 altematives, 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 4of12 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 5of12 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 Tabor 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. Page 6of12 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 indude 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 fumish 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: 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 : 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 I 1,000.011 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 8of12 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 govemed 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 govemmental 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 .CaWmyclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 Page 9of12 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: William B. Home 11 City Manager Countersigned: BY: Sto yACe AttO George Cretekos, Mayor - Councilmember Contractor must indicate whether Corporation, Partnership, company or Individual) The person signing shaN, 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). Attest: Rosemarie Call, City Clerk Approv as t fo Smith, istant City Attorney 1'dreviver 60,14 S,,T 1G Contrdctor) 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 FORMAS 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 immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are Eitaced on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Retrgt Sect List, or engages in business operations in Cuba and Syria. Authorized:Stgnature f o T C. Fo_t,VW,gl rPrr-innttegi,Name 1 •CcrtS /j?d.4/r Title Atsmie 6eiCerfi/ArotS, ire. Nanfe of Entity/Corporation STATE OF Fcc,040,4 COUNTY OF The foregoing instrument was acknowledged before me on this 110 day of ,urge_ , 20 IL , byunbar . C.. Focnc..sc 4. (name of person whose signature is being notarized) as the 0,re..s deny (title) of 1<eals.lausle. Exegt,,Ad (name of corporation /entity),, rallyknowntomeasdescribedherein , or produced a (type of identification) as identification, and who did/did not take an oath. Notary Public - J Printed Name My Commission Expires: NOTARY SEAL ABOVE TRUTH -IN- NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, and The Truth in Negotiations Act (TINA), Gotelry- 57WE'Xd41 fir i hereby certifies that wage rates, fringe rates and other factual unit costs supporting the compensationRISC5xoces ,fit for the a, r„ru.thd GDtiahc. services of (l7 ed_toogimareiG to be provided under this Agreement, conceming /P'Q AV- are accurate, complete and current as of the time of contracting. The hereby undersigned representative submits this certification that they: 0.... e :an: ' authorized representative of the proposer who may legally bind the proposer attest to'' the accuracy of the information: STATE OF Fie.tav4 COUNTY OF /a/Ave-A.4_44 Authorized Signature K tumr- c • F:eiiC.tl6ttr4GT" R Printed Name Title if/9672,0%4r exoav r7a3s,. ., Name of Entity/Corporation The foregoing instrument was acknowledged before me on this U'" day of Au lhe. , 20 t t . , by 44c.er -i. C . FOrn wo.,\ name of person whose signature is being notarized) as the t restde„ - title) of \{e..vslichne. _YCAtinAdres. Tr,e _ (name of corporation/entity), onallr known to me as described herein , or produced a type of identification) as identification, and who did / did not take an oath. Wen Notary Public Printed Name My Commission Expires: NOTARY SEAL ABOVE 0 AMENDMENT NO. 1 TO CONSTRUCTION MANAGER AT RISK SERVICES CONTINUING CONTRACT, DATED JUNE 15, 2016, BETWEEN KEYSTONE EXCAVATORS, INC. ( "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. Keystone Excavators, Inc. By: 4vrfrAii4/31/41/24( Name: M'6 Zr e. Title: Tgee;TS /a+6•vT- Date: 4.-y /31 20/6 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5199 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Award a construction contract to Odyssey Manufacturing Co. of Tampa, FL in the amount of $629,200.00 for the Marshall Street and NE WRF Alum Feed System Improvements Project (16-0012-UT); approve Supplemental One work order to Engineer of Record (EOR) Metzger and Willard, Inc. in the amount of $79,950 and authorize the appropriate officials to execute same. (consent) SUMMARY: This project will provide new Alum chemical feed and storage systems at the Marshall Street and Northeast Water Reclamation Facilities (WRFs) to improve settling characteristics in post-anoxic flow. Five bids were received. Odyssey was the lowest responsive bidder in accordance with plans and specifications. May 9, 2016, the City Manager approved an initial work order to EOR Metzger + Willard in the amount of $94,626.00 for design, permitting and bidding for the replacement of two Alum tanks located at the Marshall Street and Northeast WRFs. Supplemental One work order is for engineering services during construction in support of this project for a new work order value of $174,576. It is anticipated that construction will be completed within 180 days from issuance of Notice to Proceed. The City of Clearwater’s Public Utility Department is responsible for owning and maintaining the Alum tanks at both the Marshall Street and NE WRFs. APPROPRIATION CODE AND AMOUNT: 3277327-563800-96664 $629,200 3277327-561300-96664 $ 79,950 Funding is available in Utility Renewal and Replacement Project 96664, WPC Repair & Replacement to fund both construction contract and supplemental work order. Page 1 City of Clearwater Printed on 10/17/2018 Item No.Bid Item Units Qty Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 Mobilization-Marshall Street WRF LS 1 15,800.00$ 15,800.00$ 55,000.00$ 55,000.00$ 50,000.00$ 50,000.00$ 55,000.00$ 55,000.00$ 11,000.00$ 11,000.00$ 2 Mobilization-Northeast WRF LS 1 15,800.00$ 15,800.00$ 55,000.00$ 55,000.00$ 50,000.00$ 50,000.00$ 41,600.00$ 41,600.00$ 11,000.00$ 11,000.00$ 3 Marshall Street WRF Alum Feed Improvements LS 1 $ 281,179.64 281,179.64$ $ 349,374.00 349,374.00$ $ 230,000.00 230,000.00$ $ 274,000.00 274,000.00$ $ 260,000.00 260,000.00$ 4 Northeast WRF Alum Feed Improvements LS 1 $ 341,954.85 341,954.85$ $ 398,075.00 398,075.00$ $ 252,066.00 252,066.00$ $ 304,000.00 304,000.00$ $ 290,000.00 290,000.00$ Subtotal 654,734.49$ 857,449.00$ 857,449.00$ 582,066.00$ 674,600.00$ 572,000.00$ 572,000.00$ 6 Contingency 10%LS 1 65,473.45$ 65,473.45$ 85,744.90$ 85,744.90$ 58,206.60$ 58,206.60$ 67,460.00$ 67,460.00$ 57,200.00$ 57,200.00$ 7 Total 720,207.94$ 943,193.90$ 640,272.60$ 742,060.00$ 629,200.00$ Odyssey Manufacturing Co. 1484 Massaro Blvd. Tampa,FL 33619 Non-responsive bidder - failure to provide proper licenses in bid package Marshall Street and Northeast WRF Alum Feed System Improvements Project # 16-0012-UT KAT Construction & Materials Inc. 22031 US Hwy 19 Clearwater, FL 33765 Kloote Contracting, Inc. PO Box 339 Palm Harbor, FL 34687 Poole & Kent Co. of Fl 1715 W. Lemon St. Tampa, FL 33606 TLC Diversified, Inc. 2719 17th St. E. Palmetto, FL 34221 City of Clearwater Bid Opening: Sept. 20, 2018 Award Date: Oct. 18, 2018 SECTION V Page i Updated: 8/3/2018 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 3 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7 PROPOSAL/BID BOND ............................................................................................................................ 8 AFFIDAVIT ................................................................................................................................................ 9 NON COLLUSION AFFIDAVIT............................................................................................................ 10 PROPOSAL ............................................................................................................................................... 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13 BIDDER’S PROPOSAL ........................................................................................................................... 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 15 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 16 SECTION V – Contract Documents SECTION V Page 1 of 16 Updated: 8/3/2018 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 Odyssey Manufacturing Co. 1484 Massaro Blvd. Tampa, FL 33619 813-635-0339 [name] [principal business address] [phone number] City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: MARSHALL ST. & NORTHEAST WRF ALUM FEED SYSTEM IMPROVEMENTS PROJECT NO.: 16-0012-UT PROJECT DESCRIPTION: The demolition of existing alum feed facilities and the installation of new alum feed facilities at the Marshall St. & NE Water Reclamation Facilities. 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 $ 629,200.00, 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 Marshall St. & Northeast WRF Alum Feed System Improvements Project #16-0012-UT, 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 – Contract Documents SECTION V Page 2 of 16 Updated: 8/3/2018 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). Odyssey Manufacturing Co. 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 – Contract Documents SECTION V Page 3 of 16 Updated: 8/3/2018 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 Odyssey Manufacturing Co., of the City of Clearwater County of Pinellas 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: Marshall St. & Northeast WRF Alum Feed System Improvements PROJECT NO.: 16-0012-UT in the amount of $ 629,200.00 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 – Contract Documents SECTION V Page 4 of 16 Updated: 8/3/2018 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 – Contract Documents SECTION V Page 5 of 16 Updated: 8/3/2018 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: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 7 of 16 Updated: 8/3/2018 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Marshall ST. & Northeast WRF Alum Feed System Improvements Engineering Dept. PROJECT NO.: 16-0012-UT 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: [__________] 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 Odyssey Manufacturing Co. 1484 Massaro Blvd. Tampa,FL 33619 ,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): Work Order Initiation Form Page 1 of 8 Revised 1/10/2018 SUPPLEMENTAL WORK ORDER for the CITY OF CLEARWATER Date: December 13, 2017 Project Number: 16-0012-UT City Project Number: 2016019 1. PROJECT TITLE: Marshall Street and Northeast WRF Alum Feed System Improvement 2. SCOPE OF SERVICES: Add construction phase services and SCADA integration for Marshall Street and Northeast WRF Alum Feed System Improvements A. CONSTRUCTION PHASE 1. Preconstruction Conference - MWI Project Manager, Electrical Engineer and Resident Project Representative will attend and participate in a pre-construction conference. 2. Contractors RFI’s- MWI shall provide technical interpretation of the Drawings, Specifications and Contract Documents when requested by the Contractor and evaluate requested deviations with regard to the plans or specifications (Request for Information [RFI] process). MWI shall develop and maintain an RFI log noting the date received/answered, subject matter, and resolution to the request. A copy of the RFI log will be included with each progress meeting agenda. 3. Shop Drawing Review - MWI shall review or take other appropriate action with respect to material and equipment submittals, shop drawings, samples and other data that the Contractor is required to submit . MWI shall develop and maintain a shop drawing log. Review will be limited to conformance with the design concept of the project and compliance of the information given in the Contract Documents. Such reviews or other actions shall not extend to means, methods, techniques, sequences, or procedures of construction or safety program of the contractor. MWI shall respond to all contractors’ submittals within fourteen (14) calendar days following receipt in MWI’s office. Work Order Initiation Form Page 2 of 8 Revised 1/10/2018 4. Progress Meetings – The M W I Resident Project Representative (RPR) shall lead and conduct regular progress meetings, and prepare and circulate copies of the meeting minutes including topics discussed, action items, and decisions made. For purposes of this proposal it is assumed that there will be six (6) progress meetings. The RPR will assemble agenda for each progress meeting. In addition, the RPR shall prepare, maintain, and circulate logs and records for: Action Items log/Contractor follow up Shop Drawing Submittal / Approval Testing as required by Contract Documents Request for Proposal(s) Proposed Change Request (PCR) Deficiency / Noncompliance Complaints Project Photographs Inventory and Verification of Stored Materials Punch Lists 5. Construction Observation- MWI shall provide a Resident Project Representative (RPR) to observe and document work in progress, along with keeping the Project Manager advised of any conflicts or potential delays. Based on the proposed work schedule, MWI will provide an RPR for an average of twenty (20) hours per week with actual hours onsite determined by Contractor work schedule. Construction observation time will be split/shared between the two project locations. The RPR shall maintain a daily log of activities for periods of time when the RPR is on-site. These daily logs shall be submitted to the Project Manager on a weekly basis. Progress photos shall also be taken and provided to the Project Manager to document project progress. The RPR shall also conduct and document substantial and final completion inspections. 6. Substantial/Final Electrical Inspection- MWI shall conduct substantial and final electrical inspections to determine the completeness of the project and recommend final payment to Contractor. Following each inspection, MWI shall prepare a punch list of all items requiring completion, and follow up on the completed and/or corrected items. The punch list shall be provided to the Contractor and the Project Manager. It is assumed that the site visits for Substantial and Final inspections will be scheduled such that both sites will be inspected on the same trip (One trip visiting both sites for Substantial, One trip visiting both sites for Final). Work Order Initiation Form Page 3 of 8 Revised 1/10/2018 7. Record Drawing Preparation- MWI shall prepare record drawings from the original AutoCAD file based on information provided by the Contractor regarding field changes, modifications, etc. made during the construction phase of the project. Such information shall only be verified through field observation and will not be surveyed to verify accuracy of Contractor’s measurements. The Project Manager will be provided with two (2) signed and sealed copies and one electronic copy (AutoCAD format, PDF and a disk) of the record drawings. Record Drawing copies shall be in 11-inch x 17-inch format. B. Health and Safety Plan: Prepare and submit a Health & Safety Plan, which may include at a minimum the following: • Project Team Organization and Responsibilities with contact information • Hazards Analysis o General o Chemical Exposure Hazards o Physical Hazards ▪ Temperature; noise; air pollution; slips, trips, and falls; fire and explosions; confined space; working near equipment; electricity; utilities; and vehicular traffic o Biological Hazards ▪ Animals and insects • Task Hazard Analysis • Emergency Response Plan o Locations of emergency facilities o Routes to emergency facilities • Record Keeping Requirements C. Add SCADA Integration to Existing Design Documents: The existing design scope will be modified to include integration of the proposed Northeast WRF and Marshall Street WRF Alum Feed Facilities into the associated SCADA systems at the respective WRF’s. The change will include the following tasks: TASK 1 This work shall consist of a site visits to the Northeast WRF and Marshall Street WRF to evaluate the capability of the existing SCADA (PLC system) to accommodate the I/O requested by the City for the proposed pump skid equipment required for each project TASK 2 Provide the design for the modifications required to the Northeast WRF and Marshall Street WRF SCADA for the integration of the following field I/O associated with the proposed pump skid equipment: 1. Eyewash station alarms. 2. Chemical storage tank levels. 3. Control of alum pump flow/speed via SCADA based on plant influent flow (plant influent flow currently available from SCADA system). TASK 3 Generate a P&ID for the Northeast WRF and Marshall Street WRF alum pump skid system. Work Order Initiation Form Page 4 of 8 Revised 1/10/2018 TASK 4 Provide a narrative indicating the requirements for the Northeast WRF and Marshall Street WRF SCADA graphics to be generated for the proposed Alum pump skid. Items to be provided to MWI: 1. Proposed control methodology for each Alum pump skid. 2. Northeast and Marshall Street WRF P&ID record drawings. 3. Screen captures of existing Northeast and Marshall Street SCADA screens. D. Project Dossier: At the conclusion of the project, ENGINEER will combine the following information into a project dossier and submit to the City for review and comment. The project dossier will be submitted electronically on CD/DVD ROM. MWI has budgeted for up to one round of City review and comment. To Be Included: Files of correspondence, meeting minutes, Contract Documents, Change Orders, Field Orders, RFIs, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, progress reports, Shop Drawing and Progress submittals, regulatory correspondence and other Project-related documents. E. Owners Allowance: $5,000 allowance available for use at the owner/project manager’s discretion 3. PROJECT GOALS: No change 4. BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by Metzger & Willard, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis, for a fee not to exceed Seventy Nine Thousand Nine Hundred Fifty Dollars ($79,950.00). 5. SCHEDULE: No Change 6. STAFF ASSIGNMENT: Consultant’s Staff: Nancy O Metzger, PE- Principal Susan G. Martelli, PE- VP Engineering Joe Martelli, PE- Senior Project Manager Dale Connor, Senior Inspector Tim Thomas, PE – Tricon, Electrical Subconsultant Elizabeth Broadway, PE, Broadway Engineering, Structural Subconsultant Work Order Initiation Form Page 5 of 8 Revised 1/10/2018 City’s Staff: Todd Kuhnel Mike Flanigan Ryan Alexander Ron Nelson Jeremy J. Brown, PE Project Manager Public Utilities Liaison NE WRF Public Utilities Site Representative Marshall WRF Public Utilities Site Representative Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director 7. CORRESPONDENCE/REPORTING/COMMUNICATION PROCEDURES: ENGINEER’s project correspondence shall be directed to: Joe Martelli, PE. All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. A health and safety plan must be submitted and approved by the Project Manager prior to conducting any fieldwork/site visits. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 327-96664-561300-535-000-0000 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: Work Order Initiation Form Page 6 of 8 Revised 1/10/2018 A. P r o j e c t N u m b e r, Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: Nancy O. Metzger, PE D. Scott Rice, PE Principal City Engineer Metzger & Willard, Inc. City of Clearwater Date Date Attachment “A” Work Order Initiation Form Page 7 of 8 Revised 1/10/2018 CITY OF CLEAR WATER ENGIN EERING D EPA RT ME NT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FOR MAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email addressTom.Mahony@myClearwater.com . All electronic files (CAD and Specificatio n files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” Work Order Initiation Form Page 8 of 8 Revised 1/10/2018 Marshall St and NE WRF Alum Feed System Project WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Construction Phase Services 1.1 Preconstruction Conference $540 $810 $1,350 1.2 Contractors RFI’s $2,280 $2,230 $4,510 1.3 Shop Drawing Review $2,940 $7,230 $10,170 1.4 Progress Meetings (6) --- $4,090 $4,090 1.5 Construction Observation (500 Hours) --- $31,000 $31,000 1.6 Substantial/Final Electrical Inspection $810 $0 $810 1.7 Record Drawing Preparation $1,188 $3,182 $4,370 1.8 Health and Safety Plan --- $3,290 $3,290 1.9 SCADA Integration $11,460 $2,210 $13,670 1.10 Project Dossier --- $1,440 $1,440 1.11 Owner’s Allowance $5,000 Subtotal, Labor and Subcontractors $79,700 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $250 Grand Total $79,950 NE WRFPROJECTLOCATION SR 580 LANDMARK DR N McMULLEN BOOTH RD COUNTRYSIDE BLVD BRIAR CREEK BLVD RIGSBY LN MASTERS DR COUNTRY VILLAS DR LOTUS DR OPAL LN BEECHWOOD DR WESTCHESTER DR SPINEWOOD TER TIMBERVIEW DR JUNIPERUS DR RED FOX RUN LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TK N.T.S.N/A N/A09/24/2018Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: MARSHALL STREET & NE WRFALUM FEED SYSTEM IMPROVEMENTSPROJECT NUMBER 16-0012-UT Path: V:\GIS\Engineering\Location Maps\MarshallStreetNE_WRF_Alum_Feed Sys.Im prov.mxd MARSHAL STWRF PROJECTLOCATION KINGS HWY N BETTY LN N HIGHLAND AVE MARSHALL ST OVERLEA ST H A R B O R D R N FORT HARRISON AVE N MYRTLE AVE OVERBROOK AVE ROLLEN RD DOUGLAS AVE SUNSET DR N OSCEOLA AVE PINELAND DR FULTON AVE JOEL LN OTTEN ST APACHE TRL SANDY LN SYLVAN DR ENGMAN ST LA SALLE ST FAIRMONT ST RUSSELL ST N GARDEN AVE TANGERINE ST ADMIRAL WOODSON LN PINEBROOK DR SPRINGTIME AVE HOLT AVE BARBARA AVE SPRING LN LEBEAU ST THAM ES LN PENNSYLVANIA AVE NOKOMIS ST CALUMET ST PLEASANT ST CARLTON ST PRINCESS ST GRANT ST IROQUOIS ST ROOSEVELT AVE M O H A W K S T VENETIAN DR N WASHINGTON AVE BECKETT ST FULLER DR BENTLEY ST TAFT AVE MONROE AVE CARLOS AVE P I N E B R O O K D R SANDY LN FAIRMONT ST SR 580STEVENS O N C REEK Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5217 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve the Modification Z0229-1 and Z0229 to the Federally-Funded Subaward and Grant Agreement for public assistance support for Hurricane Irma expenditures and grant authority to the City Manager or designee to enter into, approve and execute same and future modifications for Hurricane Irma expenditures. (consent) SUMMARY: Federal Emergency Management Agency’s (FEMA) Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to pre-disaster conditions. A request for Public Assistance (RPA) was submitted and approved by the Council in July 2018 for the amount of $24,929.58. Modification #1 - The City has been awarded additional funds under Modification #Z0229-1 resulting in an increase in Federal funding by $16,503.05 and the State funding by $2,750.51 for a maximum payable amount of $44,183.14. Modification #2 - The City has been awarded additional funds under Modification #Z0229-2 resulting in an increase in Federal funding by $6,560.69 and the State funding by $1,093.45 for a new maximum payable amount of $51,837.28. FEMA and the State share the responsibility for making Public Assistance funds available to the Subgrantee/Subrecipient. It is necessary for the City of Clearwater, as the Subgrantee/Subrecipient, to enter into the modified agreements with the Florida Division of Emergency Management (the Grantee/Recipient) in order to receive the additional funding. Under the Hurricane Irma funding process, recipients will continue to receive modifications awarding additional funding as approved by the State of Florida, Division of Emergency. It will be beneficial for the City to allow the City Manager to execute future modifications in order to provide for efficient and timely processing of the Modifications and acquire judicious funding. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/17/2018 File Number: ID#18-5217 Page 2 City of Clearwater Printed on 10/17/2018 MODIFICATION #_________TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND __________________________________________________ This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division”), and ____________________________________________ ("Sub-Recipient"), to modify Contract Number _______, which began on ____________ ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a Subgrant to Sub- Recipient under the public assistance program of _____________ in funds; and, WHEREAS, the Division and Sub-Recipient desire to modify the Agreement by increasing the Federal funding ______________ under the Agreement. WHEREAS, the Division and the Sub-Recipient desire to modify the Scope of Work. WHEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1.The Agreement is hereby amended to increase the Federal funding by ______________ and the State share by ______________ for the maximum amount payable under the Agreement to ______________. 2.The Scope of Work, Attachment A to the Agreement, is hereby modified as set forth in the ____ Revised Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3.All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 4.All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIENT: ________Clearwater, City of______________________________ CITY OF CLEARWATER, FLORIDA By: __________________________ Date: __________________________ William B. Horne II City Manager Approved as to form: Attest: ___________________________ ________________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk DIVISION OF EMERGENCY MANAGEMENT By: ____________________________________ Name and Title: Michael Kennett, Deputy Director Date: ___________________________________ Attachment A - 1st Revision Budget and Project List Budget: The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that the Federal Emergency Management Administration (FEMA) has obligated for a Sub-Recipient at the time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement. The PW(s) that have been obligated are: DR-4337 Sub-Recipient: Clearwater, City of PW #Cat Project Title Federal Share Fed %State Share State %Local Share Local % Total Eligible Amount POP Start Date POP End Date 657 F Powerlines at Joe Dimaggio Complex $5,777.63 75.00%$962.94 12.50%$962.93 12.50%$7,703.50 9/04/2017 3/10/2019 718 G Pier 60 $21,368.21 75.00%$3,561.37 12.50%$3,561.37 12.50%$28,490.95 9/04/2017 3/10/2019 1795 E City Hall Light Poles $10,725.42 75.00%$1,787.57 12.50%$1,787.57 12.50%$14,300.56 9/04/2017 3/10/2019 Total:$37,871.26 $6,311.88 $6,311.87 $50,495.01 MODIFICATION #_________TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND __________________________________________________ This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division”), and ____________________________________________ ("Sub-Recipient"), to modify Contract Number _______, which began on ____________ ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a Subgrant to Sub- Recipient under the public assistance program of _____________ in funds; and, WHEREAS, the Division and Sub-Recipient desire to modify the Agreement by increasing the Federal funding ______________ under the Agreement. WHEREAS, the Division and the Sub-Recipient desire to modify the Scope of Work. WHEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1.The Agreement is hereby amended to increase the Federal funding by ______________ and the State share by ______________ for the maximum amount payable under the Agreement to ______________. 2.The Scope of Work, Attachment A to the Agreement, is hereby modified as set forth in the ____ Revised Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3.All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 4.All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. Name and Title: ______________________________________ Date: _________________________________ DIVISION OF EMERGENCY MANAGEMENT By: ___________________________________ Name and Title: Michael Kennett, Deputy Director Date: _________________________________ By: ___________________________________ IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIENT: _____________________________________________________ Attachment A - 2nd Revision Budget and Project List Budget: The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that the Federal Emergency Management Administration (FEMA) has obligated for a Sub-Recipient at the time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement. The PW(s) that have been obligated are: DR-4337 Sub-Recipient: Clearwater, City of PW #Cat Project Title Federal Share Fed %State Share State %Local Share Local % Total Eligible Amount POP Start Date POP End Date 657 F Powerlines at Joe Dimaggio Complex $5,777.63 75.00%$962.94 12.50%$962.93 12.50%$7,703.50 9/04/2017 3/10/2019 718 G Pier 60 $21,368.21 75.00%$3,561.37 12.50%$3,561.37 12.50%$28,490.95 9/04/2017 3/10/2019 1795 E City Hall Light Poles $10,725.42 75.00%$1,787.57 12.50%$1,787.57 12.50%$14,300.56 9/04/2017 3/10/2019 2737 F Citywide Utility Damages $6,560.69 75.00%$1,093.45 12.50%$1,093.44 12.50%$8,747.58 9/04/2017 3/10/2019 Total:$44,431.95 $7,405.33 $7,405.31 $59,242.59 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5210 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve contracts (blanket purchase orders) for Baker and Taylor and Ingram Services for the acquisition of library books and materials for the contract period of October 1, 2018 through September 30, 2019 and authorize the appropriate officials to execute same. (consent) SUMMARY: Award blanket purchase orders to Baker and Taylor, Atlanta, GA - $230,000; and Ingram Library Services, Atlanta, GA - $160,000; for the acquisition of library books and other materials. The purchase orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability. In accordance with City Code Section 2.564 (1)(d), the utilization of other government contracts, the purchase will be made off of Commonwealth of Virginia, Library of Virginia Contract 2017-71500-01. APPROPRIATION CODE AND AMOUNT: Funds are available in Library operating cost code 0101731-564400, books and publications, to fund these contracts. Page 1 City of Clearwater Printed on 10/17/2018 MALiA AAID ATLANTIC LIBRARY ALLIANCE Request for Proposal Library Materials Due Date: April 28, 2017 at 4:00 P.M. Copy of Original Proposal Submitted By: INGRAM. One Ingram Blvd. La Vergne, TN 37086-1986 Federal ID # 62-1746696 (800) 937-5300 INGRAM April 25, 2017 Mid-Atlantic Library Alliance (MALiA) Carolea Newsome, Contract Administrator John Cook Wyllie Library University of Virginia's College at Wise One College Avenue Wise, VA 24293 Re: Request for Proposal Library Materials Due: April 28, 2017 at 4:00 PM Dear Ms Newsome: Thank you for including Ingram Library Services LLC in your search for a vendor to provide library materials to the Mid-Atlantic Library Alliance (MALiA). We are very excited for this opportunity to present our proposal for continued partnership with your libraries. As an Ingram Content Group company, we offer a full range of services, content, and added- value to libraries. With our unmatched on-hand inventory of books and materials, Ingram truly offers "one-stop shopping" for our library customers. With decades of experience in distributing library materials, we serve libraries with a wide range of collection development, processing, and cataloging services. Our goal is to continue to partner with the MALiA to serve your member libraries with materials and services that support their missions to their patrons. Should you have any questions regarding Ingram's proposal, please feel free to contact Patrick McElhiney, Sr. Contract Management Specialist at (800) 937-5300, extension 35721. He may also be reached by email at ilsbids(5)ingramcontent.com or by fax at (615) 213-6004. Best Regards, Pamela R. Smith Vice President, Sales INGRAM CONTENT GROUP • One Ingram Boulevard • RO. Box 3006 • La Vergne.TN 37086-1986 ¦ www.ingramcontent.com REQUEST FOR PROPOSAL Issue Date: April 10, 2017 Title: Library Materials Commodity Codes: 71510,71512,71535, 71505, 71590 Issuing Agency: Library of Virginia, on behalf of Mid-Atlantic Library Alliance (MALiA) Carolea Newsome, Contract Administrator John Cook Wyllie Library University of Virginia's College at Wise One College Avenue Wise, VA 24293 Using Agency: Library of Virginia on behalf of Mid-Atlantic Library Alliance (MALiA) Initial Period of Contract: From July 1,2017 through June 30,2020 with two one-year additional renewal periods. Sealed Proposals Will Be Received Until 4:00 p.m. (Eastern Standard Time) on Friday, April 28, 2017, For Furnishing The Services Described Herein. All Inquiries For Information Should Be Directed To: Carolea Newsome, Contract Administrator, 276/328-0152 (V), 276/455-9374 (C), or MALiAContract@,ehc.edu. IF PROPOSALS ARE MAILED, ARE HAND DELIVERED OR EXPRESS MAILED, SEND DIRECTLY TO THE ISSUING AGENCY SHOWN ABOVE. In compliance with this Request For Proposals (RFP) and all conditions imposed in this RFP, the undersigned firm hereby offers and agrees to furnish all goods and services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete. Name and Address of Firm: Ingram Library Services LLC One Ingram Blvd. La Vergne, TN 37086 Date: April 25, 2017 Bv: Pamela R. Smith (Signature in Ink) (Please Print) Fax Number: (615)213-6004 Title: Vice President, Sales E-mail Address: ilsbids@iimramcontent.com Telephone Number: (800) 937-5300 MALiA Request for Proposal – Library Materials Page 1 REQUEST FOR PROPOSAL Ingram understands the terms and conditions set forth in the Request for Proposal. We would like to elaborate upon the following specific items: III. STATEMENT OF NEEDS Ingram leads the industry in maintaining the largest on-hand inventory of over 14,000,000 unique titles, representing over 50,000 book publishers and imprints. Our unmatched nationwide inventory of over 20,000,000 books ensures the highest fill rates in the industry. Our on-hand inventory represents the largest range of publishers in the wholesale distribution business today including all binding types and formats as well as university press, small press and specialty publishing houses. Ingram stocks not only new best sellers, but also the deepest inventory of midlist and backlist titles of any vendor. Ingram can provide adult, young adult, and juvenile fiction and nonfiction titles in all subjects in a variety of bindings, including trade hardcover, trade paper, mass market paper, large print, short discount and small press, university press, single library editions, publisher’s library editions, graphic novels, board books, easy readers, picture books, pre-bound books, and big books. Our inventory includes over 17,500 prebound titles from Perfection Learning and San Val (Turtleback Books). Additionally, Ingram can provide paperback prebinding services through our partnership with HF Group, formerly Heckman Bindery, Inc. Our spoken word audio inventory includes 109,000+ titles, including abridged and unabridged editions including CD, MP3 and Playaway formats. We also inventory more than 400,000 music titles on Compact Disc, from classical to popular titles. With 79,000+ DVD and 12,000+ Blu-ray titles, Ingram offers one of the most comprehensive inventories of DVDs in the country. Ingram represents more than 500 video suppliers with titles in categories such as popular box office, foreign and independent films, and family films. We also provide an extensive line of nonfiction and children's titles. Through our supplier, Ingram Entertainment, we provide access to nearly 1,000,000 DVD volumes. Our video game inventory includes over 2,000 titles from the following platforms: PlayStation®2 (PS2), PlayStation 3 (PS3), PlayStation 4 (PS4) Xbox 360®, Xbox One, Nintendo® Wii™, Nintendo Dual Screen™ (Nintendo DS), and PlayStation®Portable (PSP). Ingram currently inventories over 250,000 Spanish titles in our distribution centers, including adult and children’s titles. We provide a limited number of spoken word audio titles in Spanish language. We also provide domestic video titles that have been dubbed or subtitled in Spanish and non-domestic Spanish video. Should a library order books not currently stocked by Ingram, we will attempt to order the book if available on the open market through normal U.S. wholesale channels. Turnaround time will be dependent upon publisher availability, however, due to our long-standing relationships with publishers, we estimate one to three weeks on available items and 60 to 90 days on spec ial order items not currently in stock at the publisher. MALiA Request for Proposal – Library Materials Page 2 VI. GENERAL TERMS AND CONDITIONS J. PAYMENT Payment terms under this contract shall be 1% 10 Days/Net 30 Days. Payment is required for invoices within these terms even when a purchase order has not been completed. Ingram does not invoice for items until they have been shipped. Ingram offers a 1% cash discount on payments made within 10 days of statement date. Payments must be postmarked by the 10th of the month to qualify for the 1% discount. For payments submitted via ipage or Automated Monthly EFT Draft, the 1% discount is extended to the 25th of the month. Credit card payments are not eligible for this discount. This discount is shown on your invoice and must be taken at the time the invoice is paid and cannot be taken retroactively. These additional savings can be substantial when you take advantage of the prompt payment discount. While other vendors demand payment from invoice date, Ingram’s terms are calculated on statement date at the end of each month. With payment due 30 days from statement date, the customer’s payment is due an average of 45 days from invoice (30-59 days). Ingram reserves the right to assess a late charge on all past due invoices. For opening day collections, Ingram can store product and ship to you at an agreed upon date under the following terms. Items will be invoiced when they are moved to storage in an Ingram facility after receiving processing and cataloging services, and are payable within 30 days EOM. Ownership and title of said product passes to the Library upon invoice. Q. TAXES When setting up a new account under the terms of the contract, the library will be asked to provide a copy of their tax exemption certificate. S. TRANSPORTATION AND PACKAGING Orders will ship FOB Destination. Ingram defines FOB Destination as Ingram being responsible for the products until they are actually delivered to the library. Once the items have been delivered, liability lies with the receiving agency. Packaging In preparing books for shipment, our standard procedure is to stack the books on a cardboard base as a tight cube shape. The books are then wrapped in plastic and placed in a high test-weight box. Ingram is known for using the best boxes in the indust ry with the highest test weights. Paper and/or air pillows as dunnage are placed as needed in the carton before the box is closed and sealed. The shipping cartons Ingram uses have the highest recycled content allowed to maintain burst strength. U. ANNOUNCEMENT OF AWARD A Letter of Award should be sent to the attention of Bids and Contracts (Ingram Mail Stop 623) before you can order under this contract. MALiA Request for Proposal – Library Materials Page 3 V. DRUG FREE WORKPLACE Safety is taken seriously at Ingram. It becomes critical when the health and lives of associates and fellow workers are affected by an associate’s actions. Because of the importance of safety and sound business practices, we take a strong stand against the possession or use of alcohol or illegal drugs on Company time or property. Ingram maintains a “drug-free workplace” policy that is made available to all associates through postings, plus inclusion on our Intranet site. Any work done under this contract will be in accordance with that policy. X. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION Ingram is registered as an eVA Vendor. Our vendor number is E26846. VII. SPECIAL TERMS AND CONDITIONS E. CANCELLATION OF CONTRACT Ingram acknowledges. In the event of contract cancellation, any items invoiced by Ingram are due and payable upon termination. We ask that both parties use due diligence in reporting contract issues to allow the other party to research and resolve the issue before the contract is cancelled. H. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE Ingram is requesting a full waiver on the Small Business Subcontracting requirements. This contract covers copyrighted material that is controlled by the library’s ordering. We can only purchase a title from one specific publisher that supplies that specific title. Since Ingram is already a distributor of these materials, we are unable to subcontract this work. The nature of our business does not make it effective in cost and time to subcontract distribution. Please note that Ingram does utilize small business and M/WBE vendors whenever applicable in our day to day operations. J. RENEWAL OF CONTRACT Ingram acknowledges. We ask that the request to renew be submitted in writing a minimum of 90 days before the initial contract year is due to expire, to avoid any possible disruption in service. MALiA Request for Proposal – Library Materials Page 4 RFP REQUEST FOR PROPOSAL Title: Library Materials Mid-Atlantic Library Alliance, MALiA ATTACHMENT A Offeror Data Sheet QUALIFICATIONS OF THE OFFEROR: Offerors shall return a completed copy of t his attachment with their proposals. Offerors shall exhibit sound business environment with experience in providing library materials, capability and capacity in all respects to fully satisfy the contractual requirements, including the number of years the offeror has been actively engaged in the business and favorable references from current accounts. To adequately evaluate proposals, MALiA requires the following information of all offerors. 1. YEARS IN BUSINESS: Indicate the length of time the contractor has been in business providing these types of goods and services. Years__53____ Months________ Since__1964__ 2. REFERENCES: Offerors shall provide a list of 3 references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person, telephone number and email address. ORGANIZATION ADDRESS CONTACT TELEPHONE 2.1. Tenn-Share, P.O. Box 331871 Nashville, TN 37203 Jenifer Grady, (615) 669-8670, execdir@tenn-share.org 2.2. Massachusetts Higher Education Consortium, 505 East Pleasant Street Amherst, MA 01003, Jacqueline Cashin, (413) 577-0573, jcashin@mhec.net 2.3. Colorado Library Consortium, Kira Zimmerman, 7400 E Arapahoe Rd #75, Centennial, CO 80112, Kira Zimmerman (303) 422-1150, KZimmerman@clicweb.org 3. CONTRACT ADMINISTRATION: List full names and addresses of the contractor and any branch offices that may be responsible for administering the contract. MALiA Request for Proposal – Library Materials Page 5 3.1. Contractor: Name: Ingram Library Services LLC__________________________ Address:_1 Ingram Blvd__________ City:_La Vergne___ State:_TN_ Zip:_37086_____ 3.2. Person to contact re proposal: Name:__Patrick McElhiney, Sr. Contract Management Specialist_________________ Telephone:_(800) 937-5300 Fax:_(615) 213-6004 E-Mail:_ilsbids@ingramcontent.com 3.3. Person to contact re changes during the life of the contract: Name: Christi Cunningham, Manager, Contracts and Sales Analysis________________ Address:_1 Ingram Blvd__________ City:_La Vergne___ State:_TN_ Zip:_37086_____ Telephone:_(800) 937-5300 Fax:_(615) 213-6004 E-Mail:_ilsbids@ingramcontent.com 4. CUSTOMER SERVICE: 4.1. Contractor must have a sales representative for states served by Malia (Virginia, Tennessee, and North Carolina) Name: Derek Tolley, Senior Sales Representative Address: 14 Ingram Blvd. City: La Vergne State: TN Zip: 37174 Telephone: (615) 267-1617 Fax: (615) 213-5196 E-Mail: derek.tolley@ingramcontent.com Derek is based out of Winston-Salem, NC. 4.2. Contractor must provide toll-free customer service telephone number and/or E- Mail, and an account representative must be assigned to the library to respond to problems (e.g., with orders, claims, renewals, invoices, credits) and provid e management reports and data. Account Representative: John Mangrum, Inside Sales Representative Telephone: (800) 937-5300 Fax: (615) 213-5196 E-Mail: john.mangrum@ingramcontent.com Web address: http://www.ingramcontent.com/libraries MALiA Request for Proposal – Library Materials Page 6 5. EXPERIENCE: In the space provided, give a description of the offeror's related work experiences that would demonstrate the offeror's ability to fulfill the contract. Include the extent to which your company is actively engaged in supplying, to libraries, materials of the type listed in this RFP. Ingram Content Group Inc. is part of the long tradition of successful companies built by the Ingram family of Nashville, Tennessee. Dedicated to helping content reach its destination by providing a broad range of physical and digital services to the book industry, Ingram Content Group has been a partner to librarians, educators, publishers, and booksellers for over five decades. Publishers rely on Ingram Content Group as a key provider of demand-driven print, digital, and marketing solutions. We provide reliable, cutting-edge responses to the questions our publisher partners have about the ever-changing opportunities in the book industry. No single source other than Ingram has the comparable experience, expertise, and connectivity in bringing supply chain management, and print and digital solutions to the market. Ingram is a privately held, family-owned corporation operating under the same ownership since our inception. The Ingram family is actively involved in the day-to-day operations of our company and has a vested interest in our customers’ satisfaction. The Ingram Content Group is led by John Ingram. John serves as Chairman of the Board of Ingram Content Group. John joined Ingram Industries Inc. in 1986, and held a number of key positions with Tennessee Book Company and Ingram Book Company before being named Chairman & Chief Executive Officer of Ingram Content Group. John was named Chairman of the Ingram Industries Inc. Board of Directors in April, 2008, after having served as Vice Chairman of the Board for nine years. A tremendous advantage of being a family-owned company is the history and stability of ownership backing our long-term plans to remain the number one book vendor and service provider in the library market. Ingram Content Group’s operating units are Ingram Book Company LLC including Ingram International and Spring Arbor Distributors®, Lightning Source LLC, VitalSource Technologies LLC, Ingram Periodicals LLC, Ingram Library Services LLC, Ingram Publisher Services LLC, Tennessee Book Company LLC, and Ingram Fulfillment Services LLC and ICG Ventures LLC. Ingram Library Services LLC To better support the unique needs of libraries, Ingram Library Services grew from a specialized department of Ingram Book Company in 1970 to a full-service library vendor. Because of our growth and success, Ingram Library Services incorporated in 1998 as a subsidiary of Ingram Industries Inc. Today we offer “one-stop shopping” for our library customers. Ingram provides librarians with immediate access to the largest selection of books, spoken word audio, DVD/Blu- ray titles, music CDs and other book-related products in the industry. Our full range of library value-added services includes comprehensive Collection Development support, Standing Order and Continuations programs, as well as shelf-ready cataloging and processing services customized to the library’s specifications. MALiA Request for Proposal – Library Materials Page 7 Ingram Library Services LLC is headquartered in La Vergne, Tennessee, where our Inside Sales, Customer Care, Collection Development, Custom Cataloging and Processing, and Executive and Sales staffs are located. 6. COMPANY STABILITY: 6.1 Describe your company's financial stability, available equipment, and other resources that will ensure the delivery of acceptable services to MALiA. Ingram is a privately held, family-owned corporation operating under the same ownership since our inception. The Ingram family is actively involved in the day-to-day operations of our company and has a vested interest in our customers’ satisfaction. A tremendous advantage of being a family-owned company is the history and stability of ownership backing our long-term plans to remain the number one book vendor and service provider in the library market. Ingram has emerged as the one of the largest book distributors in the industry, shipping over 86,000 units across the nation each day from our regional distribution centers. Ingram Library Services enjoys the benefit of being part of one of the largest wholesale distributors of book-related product in the world, including physical book distribution and print on demand solutions. As such, we have established publisher relationships, inventory, and infrastructure in place to provide our customers with an unparalleled speed of delivery. Ingram operates four regional distribution centers, totaling more than 1.7 million square feet and employing over 3,400 associates. 6.2 Explain how that your company is a prime jobber dealing directly with publishers. Include a list of the publishers/distributors represented. (If that list is too long, list the publishers/distributors NOT represented and indicate that you h ave chosen this option.) Ingram leads the book industry in maintaining the largest on-hand inventory of over 14,000,000 unique titles, representing over 50,000 book publishers and imprints. W e have provided a list of current active publishers and imprints on the USB drive included with our proposal. Because we continue to build relationships with publishers and increase inventory, the list may not be all- inclusive. Ingram can provide titles that are in print and available from the publisher. Some publishers choose to sell only directly to end users such as schools or libraries. These direct-only publishers are defined as those publishers whose titles are not available on the open market to distributors. MALiA Request for Proposal – Library Materials Page 8 Ingram Publisher Services LLC Ingram Publisher Services LLC, an Ingram Content Group company, represents more than 600 publisher clients from around the world, which agree to allow Ingram to be the exclusive distributor of their product. Built on a longstanding tradition of Ingram quality, IPS provides our customers with a wide variety of books and book related product from an outstanding roster of publishers, with easy ordering options, fast delivery, and excellent service. The advantage this brings to our library customers is the guaranteed availability of current titles from these publishers at Ingram distribution centers. As the exclusive distributor of these publishers, even other vendors source these purchases from Ingram. Ingram has recently acquired Perseus’ four distinct publisher services brands: Publisher Group West (PGW), Consortium Book Sales & Distribution, Perseus Distribution Services and Legato. Through Ingram Publisher Services, Ingram has launched Ingram Academic Services, a service customized for university presses and academic publishers which includes state-of-the-art warehousing, print-on-demand network, digital asset management services and metadata management system. Clients of Ingram Academic Services include university presses and academic publishers from around the globe. Print on Demand through Lightning Source With facilities in the US, the UK, France and Australia, Lightning Source, an Ingram Content Group company, has a virtual inventory of over 13,600,000 titles representing more than 55,000 publishers. We print only what is needed to meet our customers’ current demand-whether that's a single book order or 10,000. We not only give you access to content that was once extinct or hard-to-find, but also make it possible for low-volume titles to stay in print and for new titles to be released. All this translates into wider title selection and better customer service for your patrons and your community. Once an order is placed, we have all the electronic data necessary to print and deliver the book to its intended destination. The distance between book-maker and book-reader has never been shorter. Print on demand through Lightning Source allows for a book to be printed in order in a range of formats within 24 hours, even if the order is for one book. On average we print 3,000,000 books per month. Lightning Source titles are listed on ipage and are ordered through the same methods you usually use with Ingram - by telephone, fax, mail, or electronically. Lightning Source titles will be printed especially for you once the order is placed. MALiA Request for Proposal – Library Materials Page 9 RFP REQUEST FOR PROPOSAL Title: Library Materials Mid-Atlantic Library Alliance, MALiA ATTACHMENT B Service Requirements Deemed Important in Consideration of Contractor Selection Offerors shall return a completed copy of this attachment with their proposals, indicating how they will meet each requirement in regard to the scope and suitability of the work to be performed, capability and capacity to fully satisfy contract requirements, the manner in which these services are to be provided, approach to providing the service, and ability to meet schedules. The following section is an itemized checklist of the service requirements to be considered. In the space provided, describe the services that will be performed by the contractor. Additional documents may be attached only if necessary. LOT 1 – BOOKS 1.1 Approximate number of publishers/distributors you can supply (by category): Ingram represents over 50,000 book publishers and imprints. 1.2. Approximate number of titles you currently supply: Ingram leads the industry in maintaining an on-hand inventory of over 14,000,000 unique titles. 1.3. Types of materials you can supply (check all that apply): X Fiction X Backlist X Nonfiction X Out-of-Print X Reference X Continuations X Current/Popular 1.4 Types of audience you can supply X Children X Young Adult X Adult MALiA Request for Proposal – Library Materials Page 10 LOT 2- Audio/Visual 2.1 Approximate number of publishers/distributors you can supply (by category): For spoken word audio, Ingram represents over 1,200 publishers and imprints. Ingram represents more than 980 video suppliers. 2.2. Approximate number of titles you currently supply: Our spoken word audio inventory includes 150,000+ titles, including abridged and unabridged editions including CD, MP3 and pre-recorded audio player formats. We also inventory more than 500,000 music titles on Compact Disc, from classical to popular titles. With 76,000+ DVD and 13,000+ Blu-ray titles, Ingram offers one of the most comprehensive inventories of DVDs in the country. Ingram represents more than 500 video suppliers with titl es in categories such as popular box office, foreign and independent films, and family films. We also provide an extensive line of nonfiction and children's titles. Through our supplier, Ingram Entertainment, we provide access to nearly 1,000,000 DVD volumes. 2.3. Types of materials you can supply (check all that apply): X Audio- Music/Spoken Word 2.3.1 _ _ Cassette Tapes X_ Compact Discs A) _ X_ Classical B) _ X__ Popular C) _ X__ Spoken Word _ X__Video 2.3.2 __ __ VHS __X__ DVD __X___ Blu-Ray A) _ X__Educational B) _ X__Feature/Entertainment C) _ X__Foreign D) _X _ Instructional MALiA Request for Proposal – Library Materials Page 11 2.4 Types of audience you can supply X Children X Young Adult X Adult LOT 3 - SOFTWARE 3.1 Approximate number of publishers/distributors you can supply (by category): Ingram provides video games from 52 game suppliers. 3.2. Approximate number of titles you currently supply: Our video game inventory includes over 1,700 titles from the following platforms: PlayStation®2 (PS2), PlayStation 3 (PS3), PlayStation 4 (PS4), PlayStation Vita, Xbox 360®, Xbox One, Nintendo® Wii™, Nintendo Wii Universe, Nintendo Dual Screen™ (Nintendo DS), Nintendo 3DS, and PlayStation®Portable (PSP). 3.3. Types of materials you can supply (check all that apply): ____Library ____Business ____ Home ____Educational X__Games 3.4 Types of audience you can supply X__Children X__Young Adult X__Adult LOT 4 – E- BOOKS Ingram is entering a no bid for this category 4.1 Approximate number of publishers/distributors you can supply (by category): MALiA Request for Proposal – Library Materials Page 12 4.2. Approximate number of titles you currently supply: 4.3. Types of materials you can supply (check all that apply): Fiction Backlist Nonfiction Out-of-Print Reference Continuations Current/Popular 4.4 Types of audience you can supply __Children __Young Adult __Adult 4.5 Are you able to provide integrated search and access to full text on the same platform and user interface for both eBooks and databases? 4.6 Are your eBooks maintained on a third party dark archive, from which they could be made accessible in the event your platform ceases to exist? 4.7 For purchased eBooks, are there limits to the number of times per year any given title can be accessed or loaned? 4.8 Do you offer eBook download (download of entire eBooks)? 4.8.a Is there additional cost to enable download? 4.8.b Is the checkout period configurable by the library? To what extent? 4.8.c Is maximum simultaneous checkouts per user configurable? 4.8.d Do you offer holds functionality? 4.9 For purchased eBooks, what concurrent user options do you offer? If multiple, please specify number of concurrent users. MALiA Request for Proposal – Library Materials Page 13 General questions pertaining to all formats. 1. Are you the sole source of any material offered? Yes____ No_ X _ If yes, describe: 2. Do you supply country of foreign publishers? Yes____ No __X__ If yes, describe: 3. Provide evidence that demonstrates that your company maintains suffici ent inventory to supply up to 10 copies of most titles without backordering. Ingram typically maintains the following inventory figures in our national distribution centers:  35,000,000+ book units  470,000+ spoken word audio units  78,000+ DVD/Blu-ray units, with access to over 1,000,000 units at the Ingram Entertainment distribution center. 4. Describe how data about publishers/producers/distributors, titles, and availability are made available to customers. ipage® ipage is Ingram’s web-based title selection, ordering, and account management tool. Customers with a current, active Ingram account are eligible for a free subscription to ipage, which offers libraries easy-to-use ordering capabilities and other features at no cost for unlimited concurrent users. Libraries recognize ipage as an integral timesaving tool whose collection development and acquisitions capabilities, along with its various account management tools, make day-to-day ordering and receiving tasks virtually hassle-free. ipage can be accessed at https://ipage.ingramcontent.com. As a web-based tool, ipage offers 24/7 real-time inventory information, the ability to search by thousands of categories, as well as a robust array of publicity and product news sources. Here are just a few ipage features:  Simple search by Title, ISBN, Author, Keyword, Series, Dewey®, and more  Ingram stock information and real-time stock check  Title descriptions  Physical Information, LC Subjects, LCCN, Dewey  Ability to create, edit, download, and/or order lists by clicking titles within ipage, importing a document to ipage, or pasting EANs into ipage.  Sort by Author, Title, Binding, Dewey, ISBN, Price, Pub Date, Publisher, Standard Retail Price, Ingram Demand, and more  List sharing options  Download brief MARC order records MALiA Request for Proposal – Library Materials Page 14  Ordering and order status information  Account management and reports  ipage selection lists created by Ingram staff librarians  Current publicity information  Online catalogs  Annotations and citations  Cover images for selected titles  Power search  Boolean search  Saved search  Access to all titles in our Extended database  Additional publicity information  Excerpts for selected titles  Review Citations  Full text reviews for selected journals for a nominal annual fee Additionally, here are just a few of the ipage features specific to DVD/Blu-ray product:  Search by Title – Keyword or Start Of, Featuring, Product Code, Keyword(s),  Stock information  Title descriptions  Sort by Title, Featuring, Product Code, Format, Studio, Release Date, US SRP  Additional Information such as Features, View, Number of Units in Package, Awards, Dewey, Based on the Book  Ability to create lists  Advanced search by Directed By, MPAA Rating, and Featuring/Title The Library’s ipage accounts are created so that an Administrator designated by the Library has oversight capabilities to aggregate lists and manage users. The Administrator can add additional ipage users as required by the Library. Each user will be assigned a unique log in and users can set their own password. ipage is customer-driven, and allows users to individually customize their ipage experience. Users have even better tools to assist in prioritizing the critical information they need to search, order, and deliver more content to more patrons. ipage focuses on personalization and intuitive functionality. Customizable widgets allow users to design their own homepage with the tools they use most. Users can easily track bestsellers, access online catalogs, view custom lists, and bookmark favorite destinations in and outside of ipage. Benefits of ipage home page include:  A simplified menu structure that allows our customers to find what they are looking for faster.  Roll-over drop-down menu options for each functional area of ipage that enable users to get to content with less effort.  More suggestions from Ingram product experts in our Ingram Lists & Picks area on the Browse menu.  More ability to customize the homepage, including the ability to remove widgets and the ability to choose a background theme.  Enhanced Simple Search options, including the ability to search across multiple product types. MALiA Request for Proposal – Library Materials Page 15 ipage Searching ipage users do a fast and quick search for items using Simple Search. Simple Search is displayed at the top of every page within ipage. MALiA Request for Proposal – Library Materials Page 16 Boolean Search and Power Search are also available. Power Search allows ipage users to focus their search to a much narrower list of titles by using some or all of a specific set of search criteria. This feature is invaluable when the user has only limited information about a specific title, or when the user wants a set of titles that fit within certain parameters. Through Power Search, the Library can look for titles by publisher, subject heading, format, language, and other filters not listed on the simple search feature. MALiA Request for Proposal – Library Materials Page 17 Predictive Searching Predictive search functionality on ipage allows for more accurate and efficient searches across our entire database. This technology uses our top-demanded product data to offer suggested completions of the search term you are typing into the search bar, including Title (Start of) and Author: Users have the option to have predictive search off or on, by updating their account settings. Search within Results To the left of your results, you will see a box for searching within your results. Enter your search words and click the Search button. You can further refine your results as needed using the options and search feature located on the left. Search Filters provide a better search experience for customers who do not purchase compilations, collections of public information, or reproductions of previously published public domain titles. This filter allows you to hide these product types from your search results. MALiA Request for Proposal – Library Materials Page 18 Search Refinements When you perform an ipage search or view a list through the ‘Browse’ menu at the top of the ipage screen, you see search refinement options in the left panel alongside your search results. ipage’s recent update includes a reordering of the refinement fields to better align with what is most useful to you. You can collapse any field not of interest to you and expand any additional fields that better meet your search needs by clicking on the up/down area to the right of each field. ipage will remember which fields you have collapsed or expanded for the next time you search. Depending on the list, search refinements might include Age Group, Binding, Publication Date, which may include forthcoming titles, Contributor, Price, Format, Awards, Citation Source, BISAC Categories, Dewey Categories, Ingram Categories, Language, and Features. Limiting Your Results Quick Limit - If the refinement terms you are looking for are in the top three showing under the refinement field, check them off and click ‘Update’ to quickly limit your results. You can now select multiple terms to drill into your results. Search the Full List - If you do not see the term you need immediately in the top three under your refinement option or if you want to exclude terms from your results, click the ‘More...’ link next to any field MALiA Request for Proposal – Library Materials Page 19 Including and Excluding Search Terms After clicking the “More” link, you can further refine your results:  Scroll the list of terms by dragging the scrollbar up and down.  Search for terms by entering letters and a text filter will quickly reveal matches.  Select as many terms as you want to include in your results by checking them off in the ‘Include’ column.  Exclude as many terms as you want by checking them off in the ‘Exclude’ column.  Verify your selection with the intuitive green (include) and red (exclude) bubbles.  Remove anything you do not want by clicking on the ‘x’ on the right side of the bubble or by unchecking it in the ‘Include’ and ‘Exclude’ columns.  Click the ‘Update’ button to apply your refinements or ‘Cancel’ to go back to your results. MALiA Request for Proposal – Library Materials Page 20 Backing out of the refinements you have applied to a search is easy and intuitive, too. For each refinement you apply, a breadcrumb will appear at the top of your search results. Click on the crumb to see exactly what limiter you have applied. If you want to remove a limiter, simply click on the ‘x’ on the right side of its bubble. Search results can be sorted by the Title, Author, EAN/ISBN, Binding, Publisher, Pub Date, or SRP: New for 2017: We’ve combined the robust functionality of Selection Lists with the filter options currently available for Search Results. This means that you can filter the items in your selection list by all of the refinement options already available for Search Results. The new Search Result View also contains some new options at the item level. For each item, the user can perform actions such as Duplicate Check, Add or Edit Grid Information, or Edit other information about the item. Batch Edit The new Search Result view for Selection Lists enables users to identify and isolate items within a large list that meet certain criteria. For example, you could filter your selection list to show only those items where Dewey = Fiction or where Reading Level = Juvenile. Once you’ve isolated items using the search result filters, you can apply various edits to those items in batch. Title Details A Title Detail page on ipage includes title, contributor (author, illustrator, editor, etc.), ISBN/EAN, publisher, suggested retail price, binding, pub date, and copyright date. Details may also include any of the following as provided in the publisher metadata: cover image, BISAC categories, LC subjects, themes, OCLC number, Dewey, LC subjects, series, awards, features (Index, Price on Product, Excerpt), initial print run, target age group, physical information (dimensions, weight, number of pages), carton quantity, annotation, description, publisher marketing, review citations, review quotes, biographical notes, and full text reviews. Children’s titles may include Accelerated Reader®, Scholastic Reading Counts!™ and Guided Reading Level information. MALiA Request for Proposal – Library Materials Page 21 Reviews on ipage ipage includes review citations and full text reviews from:  Booklist  The Bulletin of the Center for Children's Books  Criticas  Foreword Magazine  Hornbook Guide  Hornbook Magazine  Library Journal  Kirkus Adult  Kirkus Children's  School Library Journal  Publishers Weekly  VOYA  Shelf Awareness  BookPage  BlueInk Review While not all titles on ipage have reviews, we display the review information for print titles where it exists. If a Library wishes to view full-text reviews, there is a nominal fee of $300.00 per year for that additional service. The Library also has the option of paying in installments of $30.00 per month. Real Time Stock Check ipage provides a real time stock check of Ingram inventory directly on the Title Detail screen. The Library’s assigned primary and secondary distribution centers will be displayed. ipage shows both on hand inventory and number of copies on order with the publisher, and for titles on order, may include the estimated arrival date at Ingram. The Library can access refreshed inventory numbers by simply clicking the button. MALiA Request for Proposal – Library Materials Page 22 In addition, stock check is available when looking at lists of titles either through search results or on selection lists, without having to go to the detail page for individual titles. Note that “On Order” stock for DVD titles shown on ipage reflects the inventory level in the Tennessee Ingram Entertainment distribution center. Upon order, they are received in our distribution center in 24 hours. Catalogs Ingram's comprehensive family of trade catalogs showcases forthcoming and recently published titles in an attractive and easy-to-follow layout. Our catalogs also feature relevant and timely editorial content including author interviews, merchandising tips, and product news to help librarians stay abreast of trends in the book world. For those who like to shop from their computer, online access to catalog content is available to all ipage subscribers. E-Catalogs transform existing print publications into enhanced web versions with multiple browsing options and interactive features including keyword search, zoom and magnifier functions, sticky notes, e-mail options, and easy ordering. Simply click any of the E-Catalog links on ipage to start browsing. MALiA Request for Proposal – Library Materials Page 23 Complimentary Curation Services for Collection Development Ingram’s MLS-degreed Collection Development librarians provide a wide array of lists at no charge to Ingram customers on ipage under the Browse menu, including everything from African American lists, to Youth High/Low Popular Reading titles, to Spanish resources, to replenishment lists by Dewey® and end-of-year spending lists, and more. These lists are regularly updated and can be added to an existing or new selection list with a click of a button for ordering. The Browse tab also lists resources and information on products of interest to librarians, including lists of products in categories such as award winning books and bestsellers. You can also access innovative and creative lists of products you may wish to stock. Browse features in ipage include:  Browse by Product Type - books, audiobooks, video, video games and music  Browse by Classification - BISAC, Dewey, and Ingram Categories  Ingram Lists & Picks - including bestsellers, high interest categories, and standing order lists  Ingram Catalogs E-Communications Ingram Library Services offers a host of free electronic newsletters designed to inform, entertain, and offer ideas and resources for collection development. Examples of these newsletters are Adult Librarian News & Reviews, News and Reviews for the Youth Librarian, and our Collection Development newsletter including important information on Ingram’s Standing Order programs. MALiA Request for Proposal – Library Materials Page 24 The Ingram Wire Relevant book news and collection development information is delivered directly to your desktop with the Ingram Wire. Through this user-friendly downloadable desktop app, built on Adobe® AIR™ and compatible with both PC and Mac, librarians receive stock news on fast-moving products specific to their assigned distribution center, alerts on top awards and breaking events, as well as “backorder now” messages to ensure they are among the first for allocations. From the desktop, users can click directly to ipage to place orders. Libraries can download the application at www.ingramwire.com. MALiA Request for Proposal – Library Materials Page 25 5. Do you offer an electronic system for placing orders and performing related services? Yes_X__ No____ If yes, describe costs and what equipment, etc., is needed by MALIA libraries to participate. Ingram can accept orders electronically via email, EDI (Electronic Data Interchange) or through ipage. Emails with attached orders should be sent to ILS.orders@ingramcontent.com. ipage ordering is described below. EDI information is included in the following question. Electronic ordering is offered at no additional charge from Ingram. ipage Selection List Ordering ipage selection lists, similar to the shopping cart functionality found in other Internet sites, are among the most versatile features on ipage. They're the starting points for using ipage for ordering. Once you create a list, you may add products, delete products, move products to other selection lists, or send it as an online order. Ordering online using our selection list functionality enables the Library to create multiple title lists. These can be downloaded in a variety of formats such as BISAC, FlashBack, or brief MARC order records for import into your ordering or library automation system, provided that one or more of these formats is compatible. Any selection list in ipage; including Ingram selection lists, standing order list or library created lists, can be downloaded in Excel format, and subsequently uploaded into the library’s ILS acquisition system for order placement via EDI. Selection lists can be easily accessed in ipage in two ways: via the Lists drop down menu, or via the Selection Lists link under the Order drop down menu. MALiA Request for Proposal – Library Materials Page 26 An Active Selection List(s) page appears. This page is the starting place for you to navigate to your selection lists or orders, or to manage your selection lists. At the Active Selection List page you can:  create a new list  merge lists (from two to ten lists at a time)  recover deleted lists (within a specified timeframe)  view or edit lists  check stock availability  utilize the “Price this List” feature  set “Do Not Exceed” priorities  Product Detail Browse  E-mail lists  download lists  check for duplicates  delete or archive selected list MALiA Request for Proposal – Library Materials Page 27 Clicking the View button displays all titles on a selection list. To change the sort order, Users can sort by Product Type (i.e. book), Product Name (title), Contributor (author), EAN/ (product code), format, Supplier (publisher), pub date, and US SRP (U.S. suggested retail price). Additional sort options are available by clicking the arrow in the Sorted By box. A few of the additional sort options include BISAC Category, Dewey, and Ingram Demand. While carts cannot be transferred in ipage, lists can be shared with others in the account. ipage allows you to create the following types of selection lists:  For a Private List, only the user who created the list and the user's ipage Administrator can view or edit it.  For a Public List, only users who are in the same ipage account as the user who created the list can view or edit it.  For a Shared List, only users who are in the same Ship to account as the user who created the list can view or edit it. The creator of a selection list also has the ability to lock lists to prevent others in the account from making various changes. There are two levels of list locking: • Title Lock: Other users in the account can view the existing list and can add notes, quantities, or grid information. Users other than the creator or administrator cannot add or takeaway titles from the list. This includes the ability to “see” this list name when adding items from search results or title detail. • List Lock: No edits can be made to the list at all, including the changing of quantities, adding or taking away items from the list, etc. 6. Do you support online order transfer from the local library’s acquisition system? Yes_X_ No__ Cross out the items not covered: adult trade hardcover, quality paperbacks, mass- market paperbacks, pre-bound paperbacks; juvenile trade hardcover, publishers' library bindings, prebound books; university press trade and non-trade; serial book continuations; reference works; audio (spoken word), audio (music), video, software, CD-ROM. If yes, what equipment, etc., is needed by libraries to participate? With a group of specialists dedicated to EDI functionality, Ingram works with automation vendors to ensure all automation systems communicate effectively with ours resulting in efficient order MALiA Request for Proposal – Library Materials Page 28 placement. Ingram makes library automation system vendors aware of new developments and features in EDI as well as works with new vendors as they develop EDI functionality. Ingram supports both basic and enriched ordering via EDI. Enriched capabilities depend upon the automation system vendor and typically includes sending line item specific information such as location, fund, and collection type along with the quantity. This information is used in the processing of materials and creation of holdings in MARC records purchased by the library. When a library wants to implement EDI, Ingram specialists provide you with the information needed to configure your local system, assist with ipage record setup and downloading, and run a test order through our system for you to verify the results. Ingram supports EDI Transaction types and formats based on the capabilities of the library automation system. The following shows supported vendor and systems: Communications for all EDI formats and transactions is supported via FTP. 7. Do you require a minimum order requirement including, rush orders? Yes____ No_X__ If yes, describe: MALiA Request for Proposal – Library Materials Page 29 8. Do you accept telephone-ordering and/or E-mail for rush orders? Yes_X__ No____ If yes, describe: Rush Orders Ingram defines a “rush” order as one that requires immediate turnaround and special shipping. These orders differ from a regular order in that they do not receive processing or cataloging services, are generally very small orders, and are placed with no backorders accepted. Ingram can accept book "rush" orders via toll-free telephone. All orders receive immediate online order entry, as well as instant title and stock verification. Rush orders will be shipped via UPS or other Ingram selected freight method. Ingram does not charge additional freight for orders that ship with your regularly scheduled shipments via standard transportation. Only rush orders that require next day delivery will incur a freight charge. It is our experience that the need for next day delivery is extremely rare with our customers. Should the Library require expedited services for an account, such as minimal processing and no cataloging on titles that require a faster turn time, we are happy to discuss your requirements and work to profile accounts as needed. Items placed on a separate Rush account will be invoiced as shipped. If the Library profiles the account to receive no backorders, then the items in stock would ship and all other items cancel. The Library would then receive one invoice for the purchase order. Rush orders would ship from a single distribution center exclusively. If the Library has a different definition for Rush Orders, such as items that receive cataloging and processing but that have a faster turn timer than your stated standard 30 days, we are happy to discuss how we can profile your account(s) to meet your requirements. 9. Do you assess a service charge for any item ordered on behalf of the library? Yes___ No_X__ If yes, how is charge calculated and on what items? 10. Do you offer continuation service for serial books? Yes_X__ No____ If yes, describe how you accomplish the goal of providing additional titles in a series and any limit on the service. MALiA Request for Proposal – Library Materials Page 30 Ingram has a wide array of no-commitment Standing Order Programs for our library customers. These Programs allow libraries to keep important portions of their collections up-to-date automatically and to more fully develop parts of the collection to meet community needs. Each Program is specially designed to provide the latest releases with full customization, minimum hassle, and standard discounts. There is no extra charge for participating in our Programs. With the options of enrolling as "Report Only" or "Auto-Ship", Ingram standing order programs are designed to provide the ultimate flexibility. Libraries enrolled under the Auto-Ship option have two weeks to edit quantities or delete titles before the list is automatically ordered. Customers have the option of modifying quantities or canceling any order before the titles are in process to be shipped, and may edit program enrollments at any time. With Ingram, you never receive titles in your library unannounced. We recognize that many libraries prefer to place their own orders, either through ipage or their Integrated Library System, and so we offer a Report Only option. The Library can review the title lists, upload final selections to their ILS and place orders solely at their convenience. With this Report Only option, our programs serve as a new title notification system. New titles are added to Ingram’s database several months in advance of publication. To participate in a standing order, a customer completes an online enrollment form, letting us know the quantity, and in some cases binding type, of the titles they wish to receive. Based on this profile, we place the titles on backorder (generally 2 to 3 months before release). The Program lists will appear in ipage under Lists/All Program Lists each month, and the library receives email notification that a list has been created. For customers who select the Auto-Ship feature, major hardcover titles will ship as soon as they are received or by the street date. Otherwise, titles will consolidate with your next shipment or ship within 15 days of receipt, whichever comes first. Report Only customers can place their order at any time. Nonfiction and Continuations Programs Through our Nonfiction and Continuations Standing Order Programs, Ingram can supply materials that are updated annually. Ingram monitors more than 13,655 of the industry’s best series and continuations offerings. We maintain these programs so that we only offer active series and continuations in order to save libraries time and to prevent budgeting headaches. Nonfiction Continuations (Adult) Standing Order Program Libraries can stay updated on reference books, career guides, legal handbooks, test prep guides, tax guides, and other frequently updated titles through Ingram’s Nonfiction Continuations Program. New titles are added to Ingram’s database several months in advance of publication, and the Nonfiction Continuations Program automatically places these titles on selection lists for libraries based on their completed profiles. If a library does not want to see every new edition of a title, they can choose a cycle such as every other year or every third edition. Ingram’s experienced specialists track publications, changes, cessations, and postponements and changes are reported to our customers. MALiA Request for Proposal – Library Materials Page 31 Travel Continuations Standing Order Program Travel guides are frequently updated, and library patrons require the most current information for popular destinations such as Disney, Europe, and the Caribbean. Ingram’s Travel Continuations Program takes the guesswork out of the travel publishing cycle. This program provides a flexible method of receiving best-selling travel titles, as well as providing a broad selection of travel guidebooks. The Library can choose to track updated titles on a cycle, i.e. every other update of a title. Forthcoming Popular Nonfiction (Adult) Standing Order Program With Ingram's Forthcoming Popular Adult Nonfiction Standing Order Program, it's easy to order top nonfiction titles within each Dewey® Range and have them on the shelves and ready for circulation by publication date. Ingram’s MLS-degreed librarians and expert buyers work closely with publishers to anticipate the titles that will resonate with patrons. Each month, they select the best forthcoming nonfiction titles within each Dewey Range plus the top 25 titles overall and automatically include them on a Selection List within ipage several months before they are published. While the number of titles can vary according to the season, customers will receive a balanced selection geared toward public libraries. Libraries may choose Basic for a smaller selection or Expanded for a larger selection in each Dewey Range. Nonfiction Series (Youth) Standing Order Program Libraries having trouble keeping up with the latest in their young patrons' favorite nonfiction book series can let the Nonfiction Series (Youth) Standing Order Program send lists of the forthcoming titles that they have enrolled in. Most titles run three months pre-publication. 11. Do you offer leasing programs for books, audiobooks (CD or cassettes), music CDs, or video recordings (DVD or VHS)? Yes____ No_X__ If yes, describe the services offered. MALiA Request for Proposal – Library Materials Page 32 12. Reports: Describe the types and formats of reports that can be generated, schedule for supplying routine reports, list any costs, and include sample copies. 12.1. Management reports: Examples include shipment history, title reports, etc. ipage has many account management tools. Through ipage, you can:  Review your current account information, such as standard backorder instructions, primary distribution center, and more.  Keep your contacts up-to-date with Ingram and make sure the right people receive the information they need to help you manage your account.  Review your average discount. Order Status information is available on ipage under the Order drop down menu. Under the Order drop down menu, simply click Order Status for a listing of Order Easy Clicks, including:  All Open Items  Open Purchase Order Summary, which includes the PO number, date ordered, total units open, units in process, and units backordered  Backordered Items, which includes date ordered, product code, product name, format, PO number, quantity, and warehouse  Recently Shipped Orders, which includes date shipped, order entry number, number of cartons, and shipping tracking number  ipage order history, which shows order date and time, PO number, and who placed the order. It also provides a link to an Order Confirmation which gives a detailed summary of the order, including title, author, ISBN, whether the item is shipped or backordered, and retail price. MALiA Request for Proposal – Library Materials Page 33 ipage Order History is posted for 6 months, and can be sorter by order date, PO number, or “placed by.” Financial Information includes open and closed invoices and credit memos. MALiA Request for Proposal – Library Materials Page 34 Reports are also available for printing by clicking on the “print version” button. Sample ipage Order Status Report – Backorders: Sample ipage Order Status Report – Cancelled Items: MALiA Request for Proposal – Library Materials Page 35 Ordering Tracking ipage allows users to track shipments under the Order Status tab. To track a standard shipment, click Recently Shipped Orders. This opens a table displaying all recent shipments. Click the shipping tracking number for the shipment you want to track. This links you to a page where you can view tracking information. MALiA Request for Proposal – Library Materials Page 36 Returns Reporting ipage features the following returns reporting options. You can:  Report overstocks or shortages.  Determine the date your return was received.  See whether a return is still in process.  View credit memo information. Collection Development Reports Libraries can view master profile reports of ongoing standing orders on ipage. The reports contain item information including title, author, publisher, quantity, PO number, etc. Some reports also have program-specific information like frequency, cycle, and series title. Note: These reports are only available to those accounts that subscribe to the corresponding standing order programs and to those users who have been given access to reports by their ipage administrators. Title News: This report advises of title changes and revised publication schedules as well as cessations and other pertinent factors needed to manage your profile. This information arrives as part of our electronic newsletter, Collection Development. 12.2. Status Reports: When materials cannot be shipped immediately, contractor will supply status reports within 7 days of receipt of an order detailing out of print, out of stock indefinitely, out of stock temporarily, publication cancelled, not yet published, etc. Yes__X__ No____ Remarks: Status Reports come in the form of our Packing Slip and our Title Status Report, as well as the Order Status information available on ipage, described above. MALiA Request for Proposal – Library Materials Page 37 The packing slip will supply you with the status of any book shipped, backordered, or is out of print. The packing slip will be alphabetized by title. Titles that were not included in the initial shipment will have a “B” in the “BO” column if they have been backordered. An “S/W” will identify those titles that will be shipped from your secondary distribution center. The Title Status Report is sent to customers on a monthly basis. This report will provide you with current backorder status information as well as indicate which titles could not be supplied within your normal backorder period. Listed below are the most frequently used stock abbreviations that will appear on the Title Status Report: B/O = Out of stock at this time and on backorder for you NLS = Title is no longer stocked by Ingram NYR = Title is not yet received by Ingram into the distribution center OSI = Out of stock indefinitely by the publisher PPD = Title has been postponed by the publisher OP = Title is now out of print at the publisher CANC = Title has been cancelled at this time by the publisher 12.3. Cancellation Reports: Contractor will report which titles cannot be supplied within 120 days of receipt of order. Yes_X__ No____ Remarks: In addition to cancellation reporting on the monthly Title Status report, Ingram can provide a custom weekly cancels report, through closed order data. We would be happy to discuss the specific data elements a library would like to see in the report. These reports will be in Excel format, which can then be filtered and sorted per the Library’s preference. MALiA Request for Proposal – Library Materials Page 38 Sample Cancellation Report: A cancellation report is currently under development for ipage, and once completed, will be available for the Library to access and run at its convenience. 12.4. Annual Reports: Contractor will provide to the library annual report details, including number of items shipped; total net dollars invoiced fo r products shipped; total list price dollars for products shipped; net unit item price for products shipped; average number of copies per title ordered; percentage of purchase by category outline in Attachment C. Yes_X__ No____ Remarks: Ingram will be happy to provide a usage report for any individual library, or for MALiA as a whole, upon request. 12.5. Invoices: Invoices will be as stated below unless otherwise indicated under Remarks. 12.5.1. Describe the types and formats of reports of bill ing procedures and options for varying invoices depending upon needs of individual MALIA member library. Remarks: Ingram can provide multiple copies of invoices, and they can be mailed or included with the shipment. Title data on invoices is listed in the following order: (1) quantity ordered and shipped, (2) author, (3) title, (4) publisher, (5) ISBN/EAN, (6) unit list price, (7) discount, (8) unit net price, and (9) extended price. Items on invoices are listed alphabetically by either the author or the title per the Library’s request. All invoices have an invoice number and date, order entry number, and Ingram’s Federal ID number. Library name, ship to and billing account addresses and numbers, and purchase order number (can be up to 22 characters in length) are all listed on the invoice. Order data includes shipping warehouse and location, carrier, ship date, number of cartons, and total weight of order. MALiA Request for Proposal – Library Materials Page 39 Ingram can invoice for cataloging and processing on the same invoice as materials or on a separate invoice, per request of the Library. Processing charges appear as separate line items when billed on the same invoice as materials. “Invoice in the Box” Ingram also has the option available to libraries to have their invoice put inside the box of shipped items. This invoice is in a modified, easy to read format. With "Invoice in the Box", libraries can check in items against the invoice and do not have to wait for the invoice to arrive in the mail. The library still has the option to have multiple copies of the invoice. Please note that if invoices are included with the shipment, they cannot be mailed separately. EDI Invoicing EDI invoicing is available for all listed vendors in item 6 above. We support daily or weekly summary invoices. For customers opting to receive electronic invoices, Ingram places electronic invoice files on the Ingram FTP for customer retrieval. E-invoices streamline workflow and greatly reduce the amount of effort used in the manual posting of invoices. Ingram continues to provide paper invoices to electronic invoice users. ipage Invoices Ingram offers the convenience of having invoices available to our customers online via ipage our web-based selection, ordering, and account management tool. With ipage, invoices are available to view and print on demand the moment they become available. 12.5.2. Invoices will list code(s), applied line item, to indicate discount category (e.g., "T" for trade discount, "A" for academic, "J" for juvenile, etc.). Yes_X_ No__ Remarks: Included on the invoice is a code for each binding type. Please refer to the list below for the product class codes. If a title is a Library Binding, it may be designated as such by the notation LIB after the title. R = Trade Hardcover Q = Trade “Quality” Paperback P = Mass Market Paperback W = Spoken Word Audio X = Music K = DVD 12.5.3. Contractor will issue separate invoices for each purchase order and reference the purchase order on each invoice. Yes_X__ No____ Remarks: MALiA Request for Proposal – Library Materials Page 40 Ingram can set accounts such that purchase orders will combine to ship as one order under one Order Entry number, but each PO will invoice separately. Items will be packaged according to account number, and may contain multiple purchase orders for that account. Items ordered on one account will not combine with orders placed on another distinct account. Each account will be assigned an individual account number. The purchase order number is referenced on the invoice. 13. Fulfillment: Fulfillment will be as stated below unless otherwise specified under Remarks. 13.1. Contractor will ship 50% of order from stock within 14 days of receipt of order. Yes_X__ No____ Remarks: 13.2. Contractor will ship 95% of each order within 120 days of receipt of order. Yes_X__ No____ Remarks: Ingram Library Services is proud to state initial fill rates are usually 85-90%, with a fill rate of 95 to 100% shipped or reported within 90 days, on items available in Ingram’s database. Note that our fill rate includes over 14,000,000 available titles. 13.3. Contractor will supply materials that are not currently available from publishers within 120 days of receipt of order. Yes_X__ No____ Remarks: For titles inventoried by Ingram that are temporarily not in stock, Ingram will attempt to place an order with the publishers within three (3) business days of receipt of order. Our ability to obtain out of stock titles is based upon the item’s continued availability from the publisher with whom Ingram buyers have an established relationship. Should the Library order books not currently inventoried by Ingram, we will attempt to order the book if available on the open market through normal U.S. wholesale channels. Turnaround time will be dependent upon publisher availability, however, due to our long-standing relationships with publishers, we estimate one to three weeks on available items and sixty to ninety days on special order items not currently in stock at the publisher. MALiA Request for Proposal – Library Materials Page 41 13.4. The library may cancel any title that is not received within 90 days of order date. Yes_X__ No____ Remarks: Libraries may cancel any title that is not received within 90 days of order date, as long as the title has not yet been placed on a picking list for shipment. After receiving an order, Ingram will ship all titles currently in stock. Any remaining titles normally available through Ingram will then be placed on backorder for a period of time specified by the library. At the end of the backorder period, all unfilled titles will automatically cancel, except for titles Not Yet Received from the publisher. Status Reports will be sent to each ordering agency to keep them updated on the status of their order(s). One of the parameters set at the account level is Backorder Cancellation Date. This is the number of days to wait for a backorder to be filled, and if it has not been filled by that date, Ingram cancels the order. For titles not yet published, the library has a choice to either have these items cancel at the end of the account’s established backorder period, or for the backorder clock to start only after the titles is first received by Ingram. The first option may result in a lower fill rate. We recommend that the library set this cancellation date to be the same on their automation system so the backorders will cancel automatically at the same time. It is up to the local automation system to delete any bibliographic records that are associated with order records that are canceled. 14. Accuracy: Accuracy will be as stated below unless otherwise indicated under Remarks. 14.1. 99% of materials shipped will be the correct title, edition, and number of copies. Yes_X__ No____ Remarks: Ingram strives to maintain 100% accuracy on all orders. Ingram asks that the Library report errors immediately, so that they may be resolved in a timely manner, and to avoid any possible re- occurrence of the same error. Ingram uses the Manhattan Associates PkMS package as our warehouse management system. Ingram has designed our outbound PkMS processes to ensure quality throughout the operation, and makes use of scan confirmation, “blind counts” and random audits to ensure accuracy. We are currently achieving a 99.6% overall error-free rate. Ingram has always specialized in loose-pick order processing, and has developed customized processes for handling single-book and small multi-book orders in an efficient, accurate fashion. Additionally, the case-level inventory tracking provided by PkMS gives us the enhanced capabilities for full-case picking and shipping. MALiA Request for Proposal – Library Materials Page 42 14.2. Contractor will supply the latest edition of a title unless an earlier edition is specified. Yes_X__ No____ Remarks: Ingram does not substitute titles unless the ISBN/EAN has been forwarded to a new edition. Only those items ordered will be shipped. 14.3. Binding supplied will be as specified in the order. Yes_X__ No____ Remarks: Ingram’s Order Entry system is ISBN/EAN driven. Binding type supplied will be based on the binding type of the ISBN/EAN ordered. ipage Title Detail screen shows alternate bindings/formats for a title, when available. Many of our Standing Order Programs allow the Library to indicate their binding preference when setting up the profile. Library Binding may be a choice, including Author/Illustrator Ch ildren’s and Author Teen programs. MALiA Request for Proposal – Library Materials Page 43 15. Multiple Copies: Multiple copies of a title will be shipped together. Back -orders of parts of a multiple-copy title are not acceptable. Yes__X__ No____ Remarks: Accounts can be profiled to receive No Partial Shipments. With this account setting, if the entire quantity of a title is not in stock at the time of order, Ingram backorders that title and ships it when the entire quantity is received from the publisher. Please note that this profile option may lessen initial fill rate of an order. As Ingram is offering shipments from two distribution centers, we suggest allowing fulfillment from both, which would result in two shipments and two invoices. For example, if a library orders 20 copies of a title, if we had 5 in stock in the Library’s primary distribution center and 15 in stock in the designated secondary distribution center, we could fill the entire order but it would be delivered in two shipments. We are happy to discuss with the Library to determine the best option to meet your workflows. 16. Packaging: Each package will indicate the library's purchase order number, and only one purchase order may be represented in each package. Yes__X__ No____ Remarks: Each box in a shipment will be plainly marked with the number of boxes in shipment, the library address, and a Control Number (including Order Entry number) which can be used to cross reference the invoice when it is received. The carton containing the packing slip is marked. Orders will be packaged according to account number, and may contain multiple purchase orders for that account. Items ordered on one account will not combine with orders placed on another distinct account. The shipping label on the carton includes the customer name, address, and customer purchase order number. MALiA Request for Proposal – Library Materials Page 44 Each carton shipped from Ingram will also have a 4” x 6” Carton Contents label. The Carton Contents label lists the titles contained in the box, their ISBNs, and quantities. This label allows your library staff to see what is in each box before the carton is opened. MALiA Request for Proposal – Library Materials Page 45 17. Packing Slips: A packing slip that duplicates the invoice will accompany each shipment. Yes_X_ No____ Remarks: Ingram will include a packing slip with each shipment which can be cross-referenced to the invoice. The packing slip is enclosed in the last box of a multi-carton shipment that crosses the shipping manifest. Ingram’s Packing Slip contains the following information:  Library shipping and billing address  Date  Quantity ordered  Quantity shipped  Title  ISBN  Binding Code  Purchase Order Number  Discount Percentage  Unit List Price  Extended Price after Discount Packing slips can be sorted by author, title, or purchase order number. The box containing the packing slip is marked. 18. Defective Material: The library reserves the right to return defective material at the contractor's expense. There should be no exceptions to this. Yes_X__ No____ Remarks: Ingram’s Returns Policies provide for prompt and efficient resolution for reporting and returning materials that are damaged, defective, or shipped in error.  Ingram Customer Service associates are happy to assist with issues including shortages, damages, or defects, and to provide returns authorizations as required.  Customer Service hours of operation are Monday through Friday, 7:00 a.m. – 7:00 p.m. (Central Time.)  Through ipage, the Library may create Hassle-Free returns, report shortages, track status of a return, and view credit memos. ipage is available 24 hours a day, 7 days a week. Unprocessed Print Material Any unprocessed book ordered in good faith that is found to be damaged or unsuitable, whether it is due to Ingram’s error or the Library’s error, may be retur ned under the Hassle Free Returns Policy. MALiA Request for Proposal – Library Materials Page 46  Unprocessed materials may be returned up to 60 days after the invoice date.  A copy of the Hassle-Free Returns form (the back of your packing slip or printed from ipage) should be included in each carton shipped to Ingram.  A return authorization number is not required for unprocessed print material.  Ingram will not charge a restocking fee for items returned in accordance with our Hassle Free Returns Policy. Product with Defects Ingram understands that defects inside a book may not be detected until it has circulated, so there is no timeframe for returning product with publisher defects, including the following:  Missing pages  Contents out of sequence  Book bound upside down  Contents different than the cover/title  Ink or printing issues  Crooked pages  Blank pages Please note that due to the wear and tear caused by circulation, we will only accept defective books where the binding is falling apart up to 60 days after the invoice date. Processed Materials Items that have received cataloging or processing per the Library’s specifications are no longer in resalable condition, and therefore can only be returned due to an Ingram error or if defective or damaged.  The Library is asked to report any cataloging and processing errors as soon as they are noticed, so that Ingram can research and resolve the issue in a timely manner.  Processed material returns require return authorization from our Customer Care Department. To request authorization, please call (800) 937-5300 Ext.27665. Audiovisual Materials Unprocessed audiovisual materials that are damaged, defective, or shipped due to Ingram error may be returned up to 60 days after the invoice date.  Audiovisual returns require return authorization from our Customer Care De partment. To report defective or damaged product and request authorization, please call (800) 937-5300 Ext.27665.  Playaway® accepts return of defective products within one year of the invoice date. The Library should contact Playaway directly. Ingram does not stock replacements for single discs in a multi-disc title. For damaged or defective titles reported to Ingram, we would replace the entire product or issue a credit if the title is no longer available. Individual replacements for discs lost or damaged after receipt by the Library may be available directly from the title’s publisher. For example, Brilliance Audio Library Edition audiobooks have a guarantee of free disc and vinyl case replacements. Publisher contact information for every title is easily obtained on ipage at the Library’ convenience, 24/7. MALiA Request for Proposal – Library Materials Page 47 Non-Returnable Materials Each publisher decides if their product is non-returnable. This may be on a product-by-product or binding-by-binding basis, or as items go out of print. Therefore, Ingram does not assign a non- returnable status to a publisher.  Non-returnable items are indicated as such on ipage.  Ingram cannot accept return of any product that we do not stock or items that were not originally purchased from Ingram. Items Damaged in Shipping For materials damaged in transit, the Library is asked to always accept delivery of materials. Damage should be noted on the carrier delivery receipt, and the Library should call our Customer Care Department for instructions on making a return. Overstock Returns Return of unprocessed materials sent after the 60-day window will be handled as Overstock Returns.  Overstock returns for libraries may not exceed 10% of purchases made during the preceding 12 months.  Overstock returns will have a 10% restocking fee applied.  All product returned to Ingram must be in a condition that it could be resold. Therefore, we cannot accept return of processed items as overstock returns.  Ingram reserves the right to send back, at the Library’s expense, all products returned to us that is not in resalable condition. Hard to Find Books Alibris Returns Policy If the Library is dissatisfied for any reason with a book purchased through our Hard to Find Book program, you may return your purchase to the Alibris distribution center within 30 days for a full refund of purchase. Ingram reimburses shipping costs for returns only if the condition of the book is not as described on ipage. Alibris Distribution Center Returns 475 Lillard Drive #102 Sparks, NV 89434 USA Credit Memo Upon receipt of the returned titles in our distribution center, Ingram will credit the Library for the cost of the item(s) plus freight charges calculated at the standard UPS rate for the weight of the items returned that are damaged, defective, or shipped in error by Ingram.  A credit memo will be mailed listing the item(s), dollar amount, and purchase order number credited.  Credits will be reflected on the monthly statement with reference to the purchase order number.  For items with an Ingram error, when Ingram requires the Library to return the physical product to our distribution center, a Call Tag may be issued.  The Library is responsible for shipping and carrying charges on items that are not damaged, defective or shipped with Ingram error. MALiA Request for Proposal – Library Materials Page 48 Claims Please notify us if you have not received an anticipated publication or if an order is short shipped. Any anticipated publication may have a slightly delayed release that will be reflected on ipage. If an order is shipped and materials do not arrive, claims will be directed to our Customer Care Department to ensure tracking and replacement is handled as quickly as possible. 19. Returns: All returns will be scheduled by the contractor for pick-up via UPS. Yes____ No_X__ Remarks: The Library should return item(s) by using the Hassle Free Returns policy described above. Upon receipt of the returned titles in our distribution center, Ingram will credit the Library for the cost of the item(s) plus freight charges calculated at the standard UPS rate for the weight of the items returned that are damaged, defective, or shipped in error by Ingram. Ingram’s standard practice is to not issue a Call Tag for items needing to be returned. 20. Credits: Contractor will provide self-credit system for library to facilitate returns. Yes___ No_X _ If yes, outline details. Remarks: While we do not offer self-credit memos, the account management features of ipage offer the Library the ability to transmit certain returns information. You can create Hassle Free Returns forms and may also report shortages with the features. After returns have been submitted, you may check the status of these returns, including credit information. No Charge Replacement As an alternate to a credit, libraries may call our Customer Care Department for a No Charge Replacement for any item that is damaged, defective, or shipped with Ingram error.  If a replacement title is available, the Customer Care Representative will either email or fax a No Charge Replacement Return Authorization form to your library.  The Library must mail this form along with the returned item and the original packing slip for a replacement copy.  For Libraries that provide cataloging and processing information as part of their orders, Ingram may issue a credit for a No Charge Replacement and the Library would be required to submit the reorder via EDI or whatever method was used for placing the original order. MALiA Request for Proposal – Library Materials Page 49 21. Shipping: Contractor shall specify how shipping charges, if any, will be determined and shall indicate estimate cost of shipping for dollar amount of purchase order. Remarks: For libraries with a minimum of $50,000 in annual expenditures with Ingram or a commitment to meet this annual expenditure level, orders will ship with Ingram-paid freight from your primary and secondary distribution centers. For libraries with less than $50,000 in annual expenditures with Ingram, shipments of 15 or more units from your primary distribution center or from your secondary distribution center will qualify for Ingram-paid freight. Shipments of less than 15 units will be charged a flat $5.00 shipping fee. Items picked, packed, and shipped together count as an individual shipment. This flat fee amount or qualifying unit quantity is subject to change with notice. Shipping will be via best method, which may include order or account consolidation, shipping schedules or other account setting adjustments to maintain freight costs below 2% of invoice. Ingram does not currently assess any additional fees for shipping. However, given the unpredictable impact of rising oil prices, Ingram reserves the right to assess a fuel surcharge with notice. 22. Service Charge: The contractor shall describe the type of service fees levied for handling a MALIA account. Remarks: Ingram does not currently have any service charges for our services 23. Multiple Accounts: Contractor will provide at least 20 separate accounts for a g iven library. Materials in these accounts will be ordered separately and must be shipped and invoiced separately. Yes_X__ No____ Remarks: Ingram can provide multiple accounts as required, however we ask for your members’ assistance in keeping freight costs below 2% of total expenditures, including limiting the number of shipping accounts wherever possible, unless Ingram internal operations require multiple accounts. Each account will be assigned an individual account number. Items will be packaged according to account number, and may contain multiple purchase orders for that account. Items ordered on one account will not combine with orders placed on another distinct account. MALiA Request for Proposal – Library Materials Page 50 24. Other Services: Specify other services provided. Placing Orders Ingram can accept orders by toll-free phone, toll-free fax, mail, electronically, (email and/or EDI – Electronic Data Interchange), or through ipage. All orders receive immediate online order entry; phone and electronic orders receive title and stock verification. For ease and efficiency, we can confidently claim to be the best in the business in order entry. Mail orders should be sent to: Ingram Library Services LLC Attention Order Entry One Ingram Blvd. PO Box 3006 La Vergne, TN 37086-1986 The toll-free number for FAX ordering is 800-677-5116. The toll-free number for telephone orders is 800-937-5300. Emails with attached orders should be sent to ILS.orders@ingramcontent.com or K12Orders@ingramcontent.com. Order Fulfillment and Status After receiving an order, Ingram will ship all titles currently in stock. Any remaining titles normally available through Ingram will then be placed on backorder for a period of time specified by you. At the end of the backorder period, all unfilled titles will automatically cancel, except for titles Not Yet Received from the publisher. Status Reports will be sent to each ordering agency to keep them updated on the status of their order(s). Please refer to requirement 12.2 of RFP Attachment B for more information on Status Reports. Schools and Special Libraries - Ingram will set up your accounts to receive two shipments per purchase order. Any in-stock, non-processed book will ship within 24 hours of order entry. Any remaining titles normally available through Ingram will then be placed on backorder for a period of time specified by you. At the end of the backorder period, all books that have come into stock will ship, and all unfilled titles will automatically cancel, except for titles Not Yet Received from the publisher. The second invoice will be marked as final. Ingram has found that this two shipment shipping method is especially helpful to schools. By keeping shipments down to one initial shipment and one final shipment per distribution center and by giving you a final invoice, it is easier to track and close purchase orders. Duplicate Checking ipage offers multiple duplicate order checking methods, including iMatch, OPAC View and Selection List Duplicate Checking. With iMatch, the Library is able to search their entire collection. As described below, Ingram’s duplicate order check methods do not automatically prevent duplicate orders. Conversely, they will allow duplicate copies when needed. MALiA Request for Proposal – Library Materials Page 51 iMatch - Ingram’s iMatch collection matching service on ipage matches titles in a selection list with the titles already in your library collection, saving you time comparing potential purchases. This powerful tool utilizes the industry standard Z39.50 protocol to access your library’s catalog and retrieve your collection information. Then it works with ipage to identify title matches within your selection lists. iMatch matches at the branch level enabling users to check just their collection in a shared database. Results are color coded to show where matches were found. If no color appears to the left of a title, no match was found. A red bar indicates an exact match, yellow a possible match, and green a title- only match. Hovering over a color bar indicator will display details about the match. The details will include which criteria were matched, and whether or not the edition matches your collection. For an exact match, the status of the title in your collection will also be shown. OPAC View - Libraries also have a feature that allows them to look into their Online Public Access Catalog (OPAC) from titles within ipage. The feature requires a one-time setup by the administrator of the account. The administrator needs to provide the following information in this setup:  OPAC web address  Their vendor’s specific ISBN search index  For some vendors, a search suffix is also required MALiA Request for Proposal – Library Materials Page 52 Once the administrator of the account has set up this feature, users in the ipage account will start to see a button/graphic attached to titles in search results and selection lists. Clicking this button will open a new browser window and point to this ISBN within the customer’s web-based OPAC system. Since this feature is ISBN driven, the button will not appear with titles that do not have ISBN’s (videos, music, etc). Selection List Duplicate Check - The selection list functions in ipage allows the user to check for duplicates. This is customizable so that the user can check for duplicates only within the current list, against the user’s Private lists, against Shared lists, or against all lists to which that user has access. The user can set a default for how they want the selection list duplicate check feature to work or can choose this option each time the selection list duplicate check feature is invoked. Additionally, users can check for duplicates as they are adding titles to a selection list. This feature checks for duplicates only within the current list. Custom MARC Ingram’s ipage features an option available in all levels of ipage called Custom MARC. Custom MARC gives libraries the ability to create and map a custom MARC record profile for downloading brief order records for loading to their Integrated Library System (ILS). The Custom MARC feature allows the user to create a list in ipage, and then add local data (like fund, location, collection code, requestor, etc.) in 9xx tags and subfields per the specifications of their ILS for each title to be exported in a brief MARC record. The list is then exported in brief MARC format, and the ILS system loader is used to load the records to the ILS. Upon loading to the ILS, an order record and a brief cataloging record are created. Libraries are now able to receive the title field (245$a) in all caps in brief MARC records. The Library should go to the Data Mapping in the MARC Setup of the administrator’s account and check the box in the Action column for the 245 tag. MALiA Request for Proposal – Library Materials Page 53 Sample brief MARC download: The 9xx configuration in ipage allows the library selectors to download brief MARC order records that include local holdings information. These records can be overlaid with the full MARC records in the Library’s ILS system. Grids Libraries can use grids to allocate multiple copies of an item across their funds, locations, etc. The grid features are an addition to the Custom MARC functionality, with the Custom MARC mapped fields and values feeding the grid. Once Custom MARC data has been added to an account by the administrator, a user can create a grid template, selecting which Custom MARC mapped data elements to use. After a template is created, it can be applied to an entire selection list or at a line item level within a list. As a template is applied, quantities for each item are increased as necessary and individual allocations are made across the library’s funds and locations. The selection list is then downloaded in Custom MARC format, and subsequently uploaded into the library’s acquisition system for order placement via EDI. Unlike other library book vendors, Ingram offers grid creation capabilities free of charge. MALiA Request for Proposal – Library Materials Page 54 Grid Summary We have a Grid Summary option available for our Library customers who use grids. Users are able to select two of their Custom MARC (9XX) tags as fields used to sum a "gridded" selection list. After the ipage administrator selects which 9XX tags they want as part of their grid summaries, the Grid Summary button will appear for selection lists that have a grid attached, and when the button is clicked from the List of Lists page, the View Selection List page, or the Edit Selection list page, the user is taken to a page containing quantity, extended list price, and customer discount price totals by the Grid Data elements associated with that selection list. Exporting Grid Information in Excel Library users can now set their Excel downloads to pull in grid information. Under Template Preferences on the User Settings page, users will see the option as a yes/no toggle. This option is set to No by default. Any user wishing to include grid information in his/her downloads should set this option to Yes. MALiA Request for Proposal – Library Materials Page 55 Applying Grids to Standing Orders Standing order enrollments used to require that customers create an enrollment for each grid template used. For example, if a library wanted to send a certain number of copies of popular titles in our Graphic Novel (Adult & Youth) Standing Order Program to its branches but a different number of copies for less popular titles, they would need to establish two grid templates and set up two separate enrollments, one for each grid template. Libraries can now apply multiple grids within a single enrollment, greatly reducing time spent on setting up and managing new title notifications / standing orders. Price this List and Stock Availability Features ipage shows current list price. Libraries can submit selection lists for product pricing based on the library’s specific discount structure. On the Orders, Selection List page, the Library will see a button labeled Price this List. Clicking this button will send the list as a pseudo-order using the active ship- to account of the ipage user. The total estimated price of product on the selection list will display. This pricing will disappear from the site if the selection list is changed or edited in any way. MALiA Request for Proposal – Library Materials Page 56 Additionally, the Library can view stock levels in each distribution center for each item in your selection list by clicking on the Stock Availability link. This gives a snapshot of current availability of titles from the designated Primary and Secondary distribution centers, and also indicates if titles are not currently in stock and must be backordered, or if the title is not available. MALiA Request for Proposal – Library Materials Page 57 Online Quotations ipage subscribers can set up a selection list of titles and then request a price quotation for that list. ipage will display the quote within the Order section under a function labeled View Quotes. From the View Quotes area, all ipage users on an account can review existing quotes and print the quote. Those users who have ordering capability on ipage can delete the quote if desired or release it as an order. Quotes are valid for 60 days. To revise a list (including changing quantities) and request that it be re-quoted, simply return to the Selection List function, edit the list they want quoted, and resubmit it for quotation. Standing Order / New Title Notification Programs Ingram has a wide array of no-commitment Standing Order Programs for our library customers. These Programs allow libraries to keep important portions of their collections up-to-date automatically and to more fully develop parts of the collection to meet community needs. Each Program is specially designed to provide the latest releases with full customization, minimum hassle, and standard discounts. There is no extra charge for participating in our Programs. MALiA Request for Proposal – Library Materials Page 58 Ingram provides a build-your-own, customizable standing order program called iSelect®. The iSelect Program is based on Ingram’s buying level of pre-publication titles. We also provide a number of other Standing Order Programs focused on Adult and Youth titles:  Fiction – Adult, Inspirational, Paperback Original, Mass Market Genre  Author – Adult, Teen, Children (which includes Illustrators)  Popular Series – Adult, Youth  Continuations – Travel, Adult, Nonfiction  Nonfiction – Adult, Youth, Forthcoming Popular Nonfiction Adult  ReviewALERT – Adult, Youth  Easy Reader  Picture and Board Books  Graphic Novel – Adult, Youth  Awards, Book Clubs, State Lists With the options of enrolling as "Report Only" or "Auto-Ship", Ingram standing order programs are designed to provide the ultimate flexibility. Libraries enrolled under the Auto-Ship option have two weeks to edit quantities or delete titles before the list is automatically ordered. Customers have the option of modifying quantities or canceling any order before the titles are in process to be shipped, and may edit program enrollments at any time. With Ingram, you never receive titles in your library unannounced. We recognize that many libraries prefer to place their own orders, either through ipage or their Integrated Library System, and so we offer a Report Only option. The Library can review the title lists, upload final selections to their ILS and place orders solely at their convenience. With this Report Only option, our programs serve as a new title notification system. New titles are added to Ingram’s database several months in advance of publication. To participate in a standing order, a customer completes an online enrollment form, letting us know the quantity, and in some cases binding type, of the titles they wish to receive. Based on this profile, we p lace the titles on backorder (generally 2 to 3 months before release). The Program lists will appear in ipage under Lists/All Program Lists each month, and the library receives email notification that a list has been created. For customers who select the Auto-Ship feature, major hardcover titles will ship as soon as they are received or by the street date. Otherwise, titles will consolidate with your next shipment or ship within 15 days of receipt, whichever comes first. Report Only customers can place their order at any time. Processing Our expertly-trained processing team provides the ultimate in flexibility with more than 100 different components and unlimited customized options for books, audiobooks, DVDs, and music CDs. All processing is done in accordance with the Library’s specifications, and quality control measures are in place to ensure that Library expectations are met. MALiA Request for Proposal – Library Materials Page 59 Processing options include, but are not limited to:  AR/SRC Label  Barcode  Branch Labels  Card Set  Catalog Card Kit  Circulation Card  Date Due Slip  Digital Processing for A/V  Edit Sheets  Genre Labels  Label Protector  Laminated Paperback Cover  MARC Record  Mylar Jacket  Pocket  Preprogrammed RFID/Barcode Set  Property Stamp  RFID Tag  Shelf List Card  Spine Label  Spine/Pocket Label  Spine Tape  Spoken Audio Case  Theft Ingram will help the Library to complete an Ingram Processing Specification Sheet to ensure consistency of book appearance. Included details are physical processing rules such as label location, taping requirements, and jacketing needs. Adult and Juvenile materials can have different processing profiles if the Library prefers. We can further refine the Library’s profiles based on binding of book. A BookMARC profile will also be completed for any account requiring spine labels or cataloging records. Processing and/or cataloging is profiled on an account level, and any item ordered on an individual account will receive the appropriate processing services. We are able to change your account profile upon written notification. Ingram will be pleased to establish the necessary accounts to accommodate all shipping locations and whether processed or unprocessed books are ordered. BookMARC® Cataloging Ingram provides access to full-level MARC records through BookMARC, the proprietary Ingram cataloging database. BookMARC includes the complete LC MARC database, as well as tens of thousands of entries created by Ingram's MLS-degreed catalogers. Ingram is a trading partner with OCLC, wherein our CIP upgrades and MARC record originals are accepted by OCLC for inclusion in WorldCat. Ingram cataloging is in accordance with the latest editions and versions of the Anglo -American Cataloging Rules/RDA, MARC21 Format, OCLC Bibliographic Formats and Standards, Library of Congress Classification Schedules, Dewey Decimal Classification, Sears List of Subject Headings, and Library of Congress Subject Headings. Ingram cataloging is consistent with LC rule interpretations and cataloging practices. If standard BookMARC cataloging does not meet the Library’s needs, Ingram offers a full array of custom cataloging options. Services include:  Search/item linking in the Library ILS utilizing Z39.50 protocol.  CIP, OCLC, or other Level 5/7 records can be brought up to FULL AACR2 / RDA / MARC 21 standards to correspond with book in hand by an MLS-degreed cataloger.  Where existing or derived records are not available, an original cataloging record can be created with book in hand by an MLS-degreed cataloger.  Should the Library require OCLC Holdings Updates, Ingram can provide this service at no charge, utilizing OCLC Batch Load Services. MALiA Request for Proposal – Library Materials Page 60 In addition to standard MARC records, Ingram’s MLS-degreed catalogers can review and update records to meet local policy requirements. Examples include applying local exceptions to LC or Dewey classification; adding contents, summary, target audience, or local notes; and applying local subject headings or local exceptions to standard subject headings lists. Pricing for these customized services is reflective of the complexity of the Library’s technical services requirements. Hard to Find Book Service Ingram offers an optional Hard-to-Find Books service on ipage. Ingram's partner for Hard-to-Find Books is Alibris. Alibris is a leading provider of rare, hard-to-find, and antiquarian books. Search options include Title, Author, Subject, Keyword(s) or ISBN/EAN. You can further refine your results by adding optional attributes including Binding (Any, Hardcover or Softcover), Publication Year (before and after years) and Net Price (Below and Above price criteria.) You can also specify if you want to see only a 1st Edition or Signed copy. This service does not allow for searching for a specific copy of a title. Books ordered through this service may be used books. When viewing available titles through ipage, the condition of the book will be listed, such as Good, Very Good, Fine, Acceptable. Notations may also include additional information on the condition of the book. MALiA Request for Proposal – Library Materials Page 61 Title Details Hard to Find Books are not covered under your Ingram contract terms and discounts, and will not receive cataloging or processing services. A per book shipping and handling fee will be applied to each book. Hard to Find Books are not covered under your Ingram contract terms and discounts, and will not receive cataloging or processing services. These titles will be net-priced. No minimum order is required. Ingram will invoice customers for Alibris orders. These invoices will also appear on the monthly Ingram statement. Titles ship from Alibris’s distribution facility, and not an Ingram warehouse. They will not combine with your Ingram orders for shipping and may have different turn times and shipping methods. Delivery charges and freight charges will vary from your standard Ingram orders, and a $3.95 per book shipping and handling fee will be applied to each book if shipped within the United States. Ingram Sendr Ingram Sendr is an email marketing tool that allows you to create, send and track beautiful emails to your Library patrons. You can announce events, send staff picks, create an e-newsletter, or advertise a promotion or sale. Ingram Sendr can also be used to push messages to all your social media networks or create a print-ready flyer to distribute by hand. Features include: • Sendr is easy to setup and use with our step-by-step instructions. • Sendr provides ready-made templates waiting to be customized with your Library's news, events, staff picks, book reviews, photos, and more. • Sendr emails can be branded with your Library’s logo, information, website and social media links. • Sendr emails can easily be sent to the Library’s contact list, shared on social media, or printed. • Sendr currently has 20,000 sends per month. • Sendr emails allow you to remain in contact with your readers even when they're not in your library. • Best of all, Sendr is available at no cost to Ingram Library customers! To learn more, please visit www.ingramsendr.com. MALiA Request for Proposal – Library Materials Page 62 Marketing Materials on ipage Ingram ipage is the Library’s source for free publisher marketing materials. Available assets include shelf talkers, author photos, Q&As, book trailers, reading group guides, printable giveaways, teacher guides, and more. All content is cleared for use in newsletters and reading group materials, on websites and social media, and in other print and digital communications to customers and patrons. Searching and downloading materials is quick and easy. There are two ways to access these files: 1. From the ipage homepage, hover over My Account and select Marketing Materials located under the Ingram Services section. From there you can search through the complete inventory of available assets. MALiA Request for Proposal – Library Materials Page 63 2. When viewing an individual title, look for the Marketing Materials available for this product link on the Title Detail page. 25. Service Requirements Not Met: If not covered under the sections above, list any specifications in this document that our company will be unable to meet. If you propose to meet service needs in an alternative fashion, give the alternative. Alternative to Lease Plan (Better World Books) Ingram does not offer a traditional lease plan. Our observation is that the offer and use of lease plans by public libraries is in decline. Ingram has chosen to focus our offerings on the services and functionalities that support libraries in the most cost effective manner, which in our experience does not include lease plans. Libraries have found using Ingram’s standing order programs in conjunction with our p artnership with Better World Books is an efficient, cost effective and eco-friendly alternative to a traditional lease program. The Library could purchase multiple copies as required of all the most popular/best-selling titles and once they are no longer circulating, donate them to Better World Books (BWB) in exchange for credit with Ingram that can be used to purchase new materials. Even better, there are no commitments with this process – no monthly fees and no minimums required. Founded in 2002, Better World Books sells the surplus books of more than 3,000 libraries and 500 bookstores on a consignment basis. A portion of each book sold funds high-impact literacy projects in the United States and around the world. In the process, Better World Books has generated millions of dollars in unrestricted funding for libraries and literacy. MALiA Request for Proposal – Library Materials Page 64 With Better World Books:  The Library collects and boxes discards and donations  BWB supplies shipping cartons and coordinates pickup of materials  BWB scans, inventories, and prices materials and lists them for sale  Books are sold on BetterWorldBooks.com and 52 additional channels  A percentage of each sale is remitted to a non-profit literacy agency selected by each library.  A percentage of each sale is remitted to Ingram, and the proceeds of the sale are credited to individual library accounts by Ingram for use on new materials  Unsalable items are donated or recycled – nothing gets thrown away. With libraries facing limited physical space and reduced budgets, donating books and receiving credits for the purchase of new materials means that the Library is able to meet its goal of providing current content to its patrons. By participating in Ingram’s partnership with Better World Books, the Library can serve not only their local patrons, but their donations will help promote literacy programs world-wide. BUYING LEASING Utilize Ingram Standing Order Programs to automatically receive (or obtain pre-pub notification of) newly published best-sellers and, if desired, add your own title selections. No contracts required. Enter into an annual contract for book leasing services. Receive a monthly selection list of upcoming popular, best-seller titles. Choose the desired titles from that list and order. Receive books in shelf-ready condition based on your specifications. Pay invoices as books arrive or place funds on deposit as an annual purchase plan. Receive books in shelf-ready condition based on your specifications – some limitations apply. Pay the book leasing contract fee (monthly, quarterly, or annually). When circulation declines, contact BWB for shipping supplies and to coordinate the pickup of materials. BWB scans, inventories, prices materials and lists them for sale. When circulation declines, prepare paperwork, pack and ship books to your book leasing vendor. The returned books are sold on BetterWorldBooks.com and other channels. A percentage of each sale is remitted to a non-profit literacy agency selected by the library and a percentage of each sale is remitted to Ingram as a credit to the library for future purchases. Unsalable items are donated or recycled – nothing gets thrown away. The returned books are used for other libraries’ starter lease collections, sold in bulk, or destroyed. The library buys more materials to make patrons happy. The library orders more materials to make patrons happy. MALiA Request for Proposal – Library Materials Page 65 RFP REQUEST FOR PROPOSAL Title: Library Materials Mid-Atlantic Library Alliance, MALiA ATTACHMENT C PRICING FOR OFFER CONSIDERATION Discounts for Library and Staff Orders Offerors shall return a completed copy of this attachment with their proposals. If pricing differs by type of library (public academic, school, special, or state agency), the contractor shall submit a separate copy of this attachment and specify the type of library for which pricing is proposed. MALiA desires an attractive, predictable pricing structure and, at the same time, a high level of order fulfillment. Accordingly, MALiA seeks to select one or more primary contractors as well as one or more secondary contractors. All discounts quoted will be applied to the publishers' lowest list price in effect at the time of shipment and exclude freight-pass-through pricing. All discounts will apply to all shipments, including backorders, for each order placed by the library. Participating libraries reserve the right to request supporting documentation (including copies of the publishers' invoices) on discount or service charge decisions of the contractor at any time during the contract period. MATERIAL DISCOUNT / PRICING LIBRARY TYPE (specify): _X__Public _X__ Academic ___School ___Special _X_ State Agency 1. Books (Reference LOT 1) 1 Copy 2+ Copy 1.1. Adult Trade Hardcover Bindings 46.0% 2-4 copies 46.2% 5-9 copies 1.1.1. Fiction __45.8%_ 46.5% 10+ copies 46.0% 2-4 copies 46.2% 5-9 copies 1.1.2 Non-fiction __45.8%_ 46.5% 10+ copies MALiA Request for Proposal – Library Materials Page 66 1.2. Paperbacks 2-4 copies 40.0% 5-9 copies 41.0% 1.2.1. Quality 38.0% 10+ copies 42.0% 2-4 copies 40.0% 5-9 copies 41.0% 1.2.2. Mass-market 38.0% 10+ copies 42.0% 1.2.3. Pre-bound 35.0% 35.0% 1.2.4. Time required to ship prebound orders: In-stock, non-processed or cataloged pre-bound books from Perfection Learning and San Val (Turtleback Books) are shipped within 24 hours or on the same business day if placed before local cut-off time at your designated Ingram distribution center. Ingram also offers paperback prebinding by HF Group for titles bought from Ingram . These titles receive the above paperback discounts, plus $5.25 per unit prebinding charge. MATERIAL DISCOUNT / PRICING 1.3. Juvenile Titles 45.8% 1 copy 46.0% 2-4 copies 46.2% 5-9 copies 1.3.1. Trade hardcover bindings 46.5% 10+ copies 1.3.2. Publishers' library bindings ____18.0%____ 1.3.3. Reinforced bindings ____18.0%____ 1.3.4. Pre-bound books ____35.0%____ 1.3.5. Time required to ship prebound orders: In-stock, non-processed or cataloged pre-bound books from Perfection Learning and San Val (Turtleback Books) are shipped within 24 hours or on the same business day if placed before local cut-off time at your designated Ingram distribution center. Ingram also offers paperback prebinding by HF Group for titles bought from Ingram . These titles receive the above paperback discounts, plus $5.25 per unit prebinding charge. 1.4. Small Press ____10.0%____ 1.5. University Press 1.5.1 Trade ____18.0%____ MALiA Request for Proposal – Library Materials Page 67 1.5.2. Non-trade ____18.0%____ 1.6. Serial Books (continuations) 0 – 46.5% Standing orders and Continuations will receive the same discount schedule as firm orders, as outlined above. 1.7 Reference materials ____10.0%____ Non-trade/short discounted titles will receive a 10% discount. All net titles are sold at 0% discount. 1.8. Cataloging and Processing - Include total support detail and brochures for these services 1.8.1. Complete cataloging and processing ____$1.19____ Automated Package includes Mylar or Label Protectors, Spine Label, Barcode, standard BookMARC record 1.8.2. Cataloging and processing without mylar jacket ____$1.19____ Automated Package includes Mylar or Label Protectors, Spine Label, Barcode, standard BookMARC record 1.8.3. Mylar jacket and kit, unfastened _____$1.59____ Mylar jacket + Catalog Card Kit 1.8.4. Mylar jacket, fastened or unfastened $0.60 unattached/ $0.69 attached 1.8.5. Kit, unfastened (to include book pocket, book ____$0.99____ card, spine label, complete set of catalog cards) Catalog Card Kit also includes book pocket 1.8.6. Catalog card set ____$0.65____ 1.8.7. Machine-readable cataloging per record $0.35 standard BookMARC record via ipage, email or FTP 1.8.8. Additional charges Ingram offers over 100 processing options. Please contact your Sales Representative for additional processing options. 1.8.9. Reinforced plastic cover for paperbacks: 5 mil thick ____$1.99____ 1.8.10. Lighter laminate: ____$1.85____ Describe & specify thickness: 15 mil MATERIAL DISCOUNT / PRICING MALiA Request for Proposal – Library Materials Page 68 1.8.11. Theft-detection devices: attached ____$0.50____ 3M or Checkpoint Theft; 3M Spine Insert = $0.55 1.8.12. Theft-detection devices: unattached ____$0.50____ 3M or Checkpoint Theft 2. Audiovisual (Reference LOT 2) 2.1. Formats 2.1.1. Spoken word cassettes ___No Bid _ 2.1.2. Books on tape ___No Bid _ 2.1.3. Books on CD ___0 – 45% _ 90-95% of all spoken word audio CD receives the full 45% discount; however some spoken word is short discounted by the publisher 2.1.4. Compact discs ___0 – 45% _ Music on Compact Disc 2.1.5 Music cassettes ___No Bid 2.1.6 DVD ___20 – 35% _ 2.1.8 VHS ___No Bid _ 2.1.9 Blu-ray ___20 – 35% _ 2.1.10 Others: Video Games ___ 5% _ 2.2. Performance rights 2.2.1. Public ___No Bid 2.2.2. Home use ___No Bid 2.3. Cataloging and Processing - 2.3.1. Catalog card sets ____$0.65____ 2.3.2. Machine-readable cataloging $0.35 standard BookMARC record via ipage, email or FTP 2.3.3. Theft-detection devices ____$0.50____ 3M DCD-2 Theft Overlay = $1.33 Provide complete information about what services are offered: Ingram offers over 100 processing options. Please contact your Sales Representative for additional processing options. 3. Software (Reference LOT 3) MALiA Request for Proposal – Library Materials Page 69 3.1. MAC ___No Bid 3.2. Windows ___No Bid 4. E-Books 4.1.. Fiction ___No Bid 4.2. Non-fiction ___No Bid 4.3 For purchased eBooks, what fees or other charges are applied in addition to the eBook title price? Which of these are paid up front? And which are recurring? 5. Delivery - INSIDE DELIVERY REQUIRED 5.1. Prepaid FOB 5.1.1. Destination MALiA libraries 5.1.2. Point of Shipment Chambersburg, PA or La Vergne, TN 5.2 Mode of shipment Ingram delivery, UPS or other common carrier MALiA Request for Proposal – Library Materials Page 70 MATERIAL DISCOUNT / PRICING LIBRARY TYPE (specify): ___Public ___ Academic _X_School _X_Special ___State Agency 1. Books (Reference LOT 1) 1.1. Adult Trade Hardcover Bindings 1 Copy 2+ Copy 1.1.1. Fiction 38.0% 38.0% 1.1.2 Non-fiction 1.2. Paperbacks 38.0% 38.0% 1.2.1. Quality 36.0% 36.0% 1.2.2. Mass-market 36.0% 36.0% 1.2.3. Pre-bound 35.0% 35.0% 1.2.4. Time required to ship prebound orders: In-stock, non-processed or cataloged pre-bound books from Perfection Learning and San Val (Turtleback Books) are shipped within 24 hours or on the same business day if placed before local cut-off time at your designated Ingram distribution center. Ingram also offers paperback prebinding by HF Group for titles bought from Ingram . These titles receive the above paperback discounts, plus $5.25 per unit prebinding charge. MATERIAL DISCOUNT / PRICING 1.3. Juvenile Titles 1.3.1. Trade hardcover bindings 38.0% 1.3.2. Publishers' library bindings 15.0% 1.3.3. Reinforced bindings 15.0% 1.3.4. Pre-bound books __35.0%____ 1.3.5. Time required to ship prebound orders: MALiA Request for Proposal – Library Materials Page 71 In-stock, non-processed or cataloged pre-bound books from Perfection Learning and San Val (Turtleback Books) are shipped within 24 hours or on the same business day if placed before local cut-off time at your designated Ingram distribution center. Ingram also offers paperback prebinding by HF Group for titles bought from Ingram . These titles receive the above paperback discounts, plus $5.25 per unit prebinding charge. 1.4. Small Press ____10.0%____ 1.5. University Press 1.5.1 Trade ____10.0%____ 1.5.2. Non-trade ____10.0%____ 1.6. Serial Books (continuations) 0 – 38.0% Standing orders and Continuations will receive the same discount schedule as firm orders, as outlined above. 1.7 Reference materials ____10.0%____ Non-trade/short discounted titles will receive a 10% discount. All net titles are sold at 0% discount. 1.8. Cataloging and Processing - Include total support detail and brochures for these services 1.8.1. Complete cataloging and processing ____$1.19____ Automated Package includes Mylar or Label Protectors, Spine Label, Barcode, standard BookMARC record 1.8.2. Cataloging and processing without mylar jacket ____$1.19____ Automated Package includes Mylar or Label Protectors, Spine Label, Barcode, standard BookMARC record 1.8.3. Mylar jacket and kit, unfastened _____$1.59____ Mylar jacket + Catalog Card Kit 1.8.4. Mylar jacket, fastened or unfastened $0.60 unattached/ $0.69 attached 1.8.5. Kit, unfastened (to include book pocket, book ____$0.99____ card, spine label, complete set of catalog cards) Catalog Card Kit also includes book pocket 1.8.6. Catalog card set ____$0.65____ 1.8.7. Machine-readable cataloging per record $0.35 standard BookMARC record via ipage, email or FTP MALiA Request for Proposal – Library Materials Page 72 1.8.8. Additional charges Ingram offers over 100 processing options. Please contact your Sales Representative for additional processing options. 1.8.9. Reinforced plastic cover for paperbacks: 5 mil thick ____$1.99____ 1.8.10. Lighter laminate: ____$1.85____ Describe & specify thickness: 15 mil MATERIAL DISCOUNT / PRICING 1.8.11. Theft-detection devices: attached ____$0.50____ 3M or Checkpoint Theft; 3M Spine Insert = $0.55 1.8.12. Theft-detection devices: unattached ____$0.50____ 3M or Checkpoint Theft 2. Audiovisual (Reference LOT 2) 2.1. Formats 2.1.1. Spoken word cassettes ___No Bid _ 2.1.2. Books on tape ___No Bid _ 2.1.3. Books on CD ___0 – 45% _ 90-95% of all spoken word audio CD receives the full 45% discount; however some spoken word is short discounted by the publisher 2.1.4. Compact discs ___20.0% _ Music on Compact Disc 2.1.5 Music cassettes ___No Bid 2.1.6 DVD ___25.0% _ 2.1.8 VHS ___No Bid _ 2.1.9 Blu-ray ___25.0% _ 2.1.10 Others: Video Games ___ 5% _ 2.2. Performance rights 2.2.1. Public ___No Bid 2.2.2. Home use ___No Bid 2.3. Cataloging and Processing - 2.3.1. Catalog card sets ____$0.65____ MALiA Request for Proposal – Library Materials Page 73 2.3.2. Machine-readable cataloging $0.35 standard BookMARC record via ipage, email or FTP 2.3.3. Theft-detection devices ____$0.50____ 3M DCD-2 Theft Overlay = $1.33 Provide complete information about what services are offered: Ingram offers over 100 processing options. Please contact your Sales Representative for additional processing options. 3. Software (Reference LOT 3) 3.1. MAC ___No Bid 3.2. Windows ___No Bid 4. E-Books 4.1.. Fiction ___No Bid 4.2. Non-fiction ___No Bid 4.3 For purchased eBooks, what fees or other charges are applied in addition to the eBook title price? Which of these are paid up front? And which are recurring? 6. Delivery - INSIDE DELIVERY REQUIRED 5.1. Prepaid FOB 5.1.1. Destination MALiA libraries 5.1.2. Point of Shipment Chambersburg, PA or La Vergne, TN 5.2 Mode of shipment Ingram delivery, UPS or other common carrier MALiA Request for Proposal – Library Materials Page 74 ATTACHMENT D MALiA Membership 2016-2017 Name Member # City, State 1. Albemarle Regional Library 1129 Winton, NC 2. Alexander County Library 1103 Taylorsville, NC 3. Alleghany Highlands Regional Lib./Charles P. Jones Memorial Library 1197 Covington, VA 4. Amherst County Public Library 1001 Amherst, VA 5. Anderson Public Library 2016-17 1278 Lawrenceburg, KY 6. Anne Arundel County Public Library 1293 Annapolis, MD 7. Appalachian Regional Library 1252 West Jefferson, NC 8. Appomattox Regional Library System 1002 Hopewell, VA 9. Arlington Public Library 2016-17 1288 Arlington, VA 10. Augusta County Library 1089 Fishersville, VA 11. Averett University Library 1093 Danville, VA 12. Bath County Memorial Library 2016-18 New 1291 Owingsville, KY 13. Bedford Public Library 1003 Bedford, VA 14. Belington Public Library 1251 Belington, WV 15. Benton County Public Library 1220 Camden, TN 16. BHM Regional Library 1258 Washington, NC 17. Blackwater Regional Library 1004 Courtland, VA 18. Blue Ridge Community College 1006 Weyers Cave, VA 19. Blue Ridge Regional Library 1007 Martinsville, VA 20. Bluefield College/Easley Library 1008 Bluefield, VA 21. Boone County Public Library 1263 Burlington, KY 22. Boone Madison Library 1239 Madison, WV 23. Botetourt County Library 1009 Roanoke, VA 24. Boynton Beach City Library 1265 Boynton Beach, FL 25. Bracken County Public Library 2016-17 1289 Brooksville, KY 26. Braswell Memorial Library 1155 Rocky Mount, NC 27. Brevard College, J.A Jones Library 1116 Brevard , NC 28. Bridgewater College /Alexander Mack Library/ 1085 Bridgewater, VA 29. Bristol Public Library 1010 Bristol, VA 30. Buchanan County Public Library 1011 Grundy, VA 31. Buncombe County Public Libraries 1144 Asheville, NC 32. Caldwell County Public library 1101 Lenoir, NC MALiA Request for Proposal – Library Materials Page 75 33. Campbell County Public Library 1012 Rustburg, VA 34. Cape Fear Community College 1188 Wilmington, NC 35. Caroline Library, Inc. 1112 Bowling Green, VA 36. Carroll County High School 1015 Hillsville, VA 37. Caswell County Public Library 1200 Yanceyville, NC 38. Catawba County Library System 1270 Newton, NC 39. Central Rappahannock Regional Library 1016 Fredericksburg, VA 40. Central Virginia Community College Library 1094 Lynchburg, VA 41. Chapel Hill Public Library 1141 Chapel Hill, NC 42. Charlotte County Library 1194 Charlotte Court House, VA 43. Charlotte Mecklenburg Library 1130 Charlotte, NC 44. Chatham County Public Library System 1271 Pittsboro, NC 45. Chesapeake Public Library 1107 Chesapeake, VA 46. Chesterfield County Public Library 1084 Chesterfield, VA 47. Chesterfield County Public Schools 1189 Midlothian, VA 48. Christopher Newport University/Trible Library 1213 Newport News, VA 49. Clarksburg-Harrison Public Library 1234 Clarksburg, WV 50. Clarksville-Montgomery County Public Library 1241 Clarksville, TN 51. Cleveland County Memorial Library 1123 Shelby, NC 52. Clifton Forge Public Library 1145 Clifton Forge, VA 53. College of William & Mary/Wolf Law Library 1149 Williamsburg, VA 54. Colonial Heights Public Library 1017 Colonial Heights, VA 55. Craft Memorial Library 1190 Bluefield, WV 56. Craig County Public Library 1115 New Castle, VA 57. Culpeper County Library 1114 Culpeper, VA 58. Cumberland County Public Library 1275 Burkesville, KY 59. Cumberland County Public Library 1111 Cumberland, VA 60. Danville Community College 1019 Danville, VA 61. Danville Public Library 1020 Danville, VA 62. Davidson County Public Library 1152 Lexington, NC 63. Davie County Public Library 1212 Mocksville, NC 64. Delray Beach Public Library 1273 Delray Beach, FL 65. Duplin County Public Library 1139 Kenansville, NC MALiA Request for Proposal – Library Materials Page 76 66. Durham Technical Community College 1191 Durham, NC 67. East Albemarle Regional Library 1186 Elizabeth City, NC 68. Eastern Shore Community College 1193 Melfa, VA 69. Eastern Shore Public Library 1022 Accomac, VA 70. ECPI University 1268 Virginia Beach, VA 71. Elizabethton/Carter County Public Library 1172 Elizabethton, TN 72. Emory & Henry College 1023 Emory, VA 73. Essex Public Library 1113 Tappahonnock, VA 74. Falkville Public Library 1260 Falkville, AL 75. Farmville Public Library 1224 Farmville, NC 76. Fauquier County Public Library 1024 Warrenton, VA 77. Fauquier County Public Schools 1185 Warrenton, VA 78. Ferrum College/Thomas Stanley Library 1025 Ferrum, VA 79. Floyd County Public Library 1238 Prestonburg, KY 80. Fontana Regional Library 1173 Bryson City, NC 81. Franklin County Library 1171 Louisburg, NC 82. Franklin County Public Library 1026 Rocky Mount, VA 83. Galax-Carroll Regional Library 1027 Galax, VA 84. Garrard County Public Library 1250 Lancaster, KY 85. Gaston County Public Library 1147 Gastonia, NC 86. Germanna Community College 1118 Locust Grove, VA 87. Gibsonville Public Library 1255 Gibsonville, NC 88. Gloucester County Library 1087 Gloucester, VA 89. Grant County Public Library 1254 Williamstown, KY 90. Graves County Public Library 1233 Mayfield, KY 91. Greensboro Public Library 1143 Greensboro, NC 92. Greenup County Public Library 1285 Greenup, KY 93. Halifax County-South Boston Public Library 1028 Halifax, VA 94. Hampden-Sydney College 1096 Hampden-Sydney, VA 95. Hampshire County Public Library 1243 Romney, WV 96. Hampton Public Library 1092 Hampton, VA 97. Handley Regional Library 1099 Stephens City, VA 98. Hanover County Public Schools 1136 Ashland, VA 99. Hardin County Public Library 1279 Elizabethtown, KY 100. Hardy County Public Library 1196 Moorefield, WV 101. Haywood County Public Library 1170 Waynesville, NC 102. Heartland Library Cooperative 1264 Okeechobee , FL MALiA Request for Proposal – Library Materials Page 77 103. Henrico County Public Library 1018 Henrico, VA 104. Henrico County Public Schools 1135 Henrico, VA 105. Henry County Public Library 1276 Eminence, KY 106. Heritage Public Library 1029 Providence Forge, VA 107. Hickory Public Library 1256 Hickory, NC 108. Hocutt-Ellington Memorial Library 1214 Clayton, NC 109. Hopkinsville Christian County Public Library 16-17 1287 Hopkinsville, KY 110. J. Sargeant Reynolds Community College 1030 Richmond, VA 111. James L. Hamner Public Library/Amelia County 1083 Amelia Court House, VA 112. James W. Curry Public Library 1269 French Creek, WV 113. Jefferson Madison Regional Library 1031 Charlottesville, VA 114. Jessamine County Public Library 1210 Nicholasville, KY 115. John Tyler Community College Library 1032 Chester, VA 116. Kanawha County Public Library 1236 Charleston, WV 117. Keyser-Mineral County Public Library 1218 Keyser, WV 118. King University 1034 Bristol, TN 119. Laurel County Public Library 1242 London, KY 120. Lee County Library 1272 Sanford, NC 121. Library of Virginia 1134 Richmond, VA 122. Lincoln County Public Library 1245 Stanford, KY 123. Lincoln County Public Library 1128 Lincolnton, NC 124. Linebaugh Public Library System 1228 Murfreesboro, TN 125. Logan County Public Library 1232 Russellville, KY 126. Lonesome Pine Regional Library 1036 Wise, VA 127. Lord Fairfax Community College/Paul Wolk Library 1037 Middletown, VA 128. Luneburg County Public Library 1253 Victoria, VA 129. Lynchburg College/Knight-Capron Library 1226 Lynchburg, VA 130. Lynchburg Public Library 1038 Lynchburg, VA 131. Madison County Public Library 1225 Richmond, KY 132. Maitland Public Library 1290 Maitland, FL 133. Marion County Public Library 1281 Fairmont, WV 134. Mary Riley Styles Public Library 1039 Falls Church, VA 135. Mary Wood Weldon Memorial Library 1277 Glasgow, KY 136. Mason County Public Library 1211 Point Pleasant, WV MALiA Request for Proposal – Library Materials Page 78 137. Mauney Memorial Library 1133 Kings Mountain, NC 138. McCreary County Public Library 1284 Whitley City, KY 139. McDowell County Public Library 1146 Marion, NC 140. Mecklenburg County Public Library 1126 Boydton, VA 141. Mecklenburg County Sheriff’s Office 1231 Charlotte, NC Libraries 142. Meherrin Regional Library 1040 Lawrenceville, VA 143. Menifee County Public Library 1246 Frenchburg, KY 144. Middlesex County Public Library 1104 Urbanna, VA 145. Montgomery County Public Library 1235 Mt. Sterling, KY 146. Montgomery County Public Schools 1090 Christiansburg, VA 147. Montgomery-Floyd Regional Library 1041 Christiansburg, VA 148. Mooneyham Public Library 1174 Forest City, NC 149. Morgantown Public Library 1208 Morgantown, WV 150. Mountain Empire Community College/Wampler Library 1042 Big Stone Gap, VA 151. New Hanover County Public Library 1216 Wilmington, NC 152. New Martinsville Public Library 1205 New Martinsville, WV 153. New River Community College 1091 Dublin, VA 154. Newport News Public Library System 1044 Newport News, VA 155. Norfolk Public Library 1045 Norfolk, VA 156. Norfolk State University 1249 Norfolk, VA 157. Norris Library Foundation, Inc. 1247 Rutherfordton, NC 158. North Palm Beach Library 2016-17 1286 North Palm Beach, FL 159. Northeast State Community College/Wayne G. Basler Library 1046 Blountville, TN 160. Northern Virginia Community College 1132 Annandale, VA 161. Northumberland Public Library 1047 Heathsville, VA 162. Northwestern Regional Library 1165 Elkin, NC 163. Nottaway County Public Library 1142 Crewe, Va 164. Orange County Public Library 1125 Hillsborough, NC 165. Orange County Public Library 1117 Orange, VA 166. Pamunkey Regional Library 1048 Hanover, VA 167. Paris-Bourbon County Library 1274 Paris, KY MALiA Request for Proposal – Library Materials Page 79 168. Patrick Henry Community College/Lester Library 1049 Martinsville, VA 169. Paul Sawyier Public Library 1266 Frankfort, KY 170. Pearisburg Public Library 1050 Pearisburg, VA 171. Pender County Public Libraries 1138 Burgaw, NC 172. Pendleton County Library 1183 Franklin, WV 173. Pendleton County Public Library 1261 Falmouth, KY 174. Perry Memorial Library 1223 Henderson, NC 175. Petersburg Public Library System 1051 Petersburg, VA 176. Piedmont Virginia Community College/Betty Sue Jessup Library 1102 Charlottesville, VA 177. Pittsylvania County Public Library 1052 Chatham, VA 178. Polk County Library Cooperative 1267 Bartow, FL 179. Polk County Public Library 1184 Columbus, NC 180. Poquoson Public Library 1053 Poquoson, VA 181. Portsmouth Public Library 1127 Portsmouth, VA 182. Powhatan County Public Library 1088 Powhatan, VA 183. Prince William Public Library System 1054 Prince William, VA 184. Public Library of Anniston-Calhoun County 1292 Anniston, AL 185. Public Library of Johnston County & Smithfield/Selma is under this library as a branch. Number was 1166 1160 Smithfield, NC 186. Pulaski County Library 1055 Pulaski, VA 187. Pulaski County Public Library 1283 Somerset, KY 188. Radford Public Library 1056 Radford, VA 189. Raleigh County Public Library 1259 Beckley, WV 190. Randolph County Public Library 1221 Asheboro, NC 191. Randolph-Macon College/McGraw- Page Library 1058 Ashland, VA 192. Rappahannock Community College 1097 Warsaw, VA 193. Rappahannock County Library 1206 Washington, VA 194. Richmond Public Library 1108 Richmond, VA 195. Richmond Public Schools 1237 Richmond, VA 196. Ritchie County Public Library 1177 Harrisville, WV 197. Roanoke City Public Library 1109 Roanoke, VA 198. Roanoke County Public Library 1059 Roanoke, VA 199. Robeson County Public Library 1164 Lumberton, NC MALiA Request for Proposal – Library Materials Page 80 200. Rockbridge Regional Library 1120 Lexington, VA 201. Rowan Public Library 1150 Salisbury, NC 202. Russell County Public Library 1061 Lebanon, VA 203. Salem Public Library 1063 Salem, VA 204. Sampson-Clinton Public Library 1137 Clinton, NC 205. Samuels Library 1064 Front Royal, VA 206. Scotland County Memorial Library 1222 Laurinburg, NC 207. Scott County Public Library 1262 Georgetown, KY 208. Shenandoah County Library 1179 Edinburg, VA 209. Sheppard Memorial Library 1182 Greenville, NC 210. Smyth-Bland Regional Library 1066 Marion, VA 211. Southern Pines Public Library 1158 Southern Pines, NC 212. Southern Virginia University/Von Canon Library 1204 Buena Vista, VA 213. Southside Regional Jail Library 1187 Emporia, VA 214. Southside Virginia Community College 1203 Keysville, VA 215. Southwest Virginia Community College 1067 Cedar Bluff, VA 216. Spindale Public Library 1163 Spindale, NC 217. Stanly County Public Library 1195 Albemarle, NC 218. State Library of North Carolina 1248 Raleigh, NC 219. Staunton Public Library 1068 Staunton, VA 220. Suffolk Public Library 1069 Suffolk, VA 221. Sullivan County Public Library 1070 Blountville, TN 222. Tazewell County Public Library 1071 Tazewell, VA 223. Temple Rodef Shalom Library 1257 Falls Church, VA 224. Tennessee State Library & Archives 1199 Nashville, TN 225. Thomas Jefferson Library 1280 Falls Church, VA 226. Thomas Nelson Community College 1072 Hampton, VA 227. Tidewater Community College 1100 Norfolk, VA 228. Transylvania County Library 1156 Brevard, NC 229. Union County Public Library 1140 Monroe, NC 230. University of Virginia’s College at Wise/Wyllie Library 1124 Wise, VA 231. Upshur County Public Library 1244 Buckhannon, WV 232. Vienna Public Library 1192 Vienna, WV 233. Virginia Beach Public Library 1073 Virginia Beach, VA MALiA Request for Proposal – Library Materials Page 81 234. Virginia Department of Corrections-All Facilities 1201 Richmond, VA 235. Virginia Highlands Community College 1075 Abingdon, VA 236. Virginia State University/Johnston Memorial library 1198 Petersburg, VA 237. Virginia Western Community College 1077 Roanoke, VA 238. Warren County Memorial Library 1217 Warrenton, NC 239. Washington County Public Library 1078 Abingdon, VA 240. Wayne County Public Library 1168 Goldsboro, NC 241. Whitley County Public Library 1215 Williamsburg, KY 242. Williamsburg Regional Library 1080 Williamsburg, VA 243. Wilson County Public Library 1162 Wilson, NC 244. Wolfe County Public Library 1282 Campton, KY 245. Wythe-Grayson Regional Library 1098 Independence, VA 246. Wytheville Community College Library 1082 Wytheville, VA MALiA Request for Proposal – Library Materials Page 82 NOT APPLICABLE TO INGRAM LIBRARY SERVICES LLC ATTACHMENT E Small Business Subcontracting Plan Definitions Small Business: "Small business” means a business that has been certified in accordance with Regulations governing Certification by the Virginia Department of Small Business and Supplier Diversity (DSBSD). Certification requirements can be found at www.sbsd.virginia.gov. Women-Owned Business: "Women-owned business” means a business that has been certified in accordance with Regulations governing Certification by the Virginia Department of Small Business and Supplier Diversity (DSBSD). Certification requirements can be found at www.sbsd.virginia.gov. Minority-Owned Business: "Minority-owned business” means a business that has been certified in accordance with Regulations governing Certification by the Virginia Department of Smal l Business and Supplier Diversity (DSBSD). Certification requirements can be found at www.sbsd.virginia.gov. Small Business: "Small business (including micro)” means a business which holds a certification as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD) on the due date for bids. This shall also include DSBSD-certified women- and minority-owned businesses when they also hold a DSBSD certification as a small business on the bid due date. Currently, DSBSD offers small business certification and micro business designation to firms that qualify. Certification applications are available through DSBSD online at www.DSBSD.virginia.go v (Customer Service). Bidder Name: _____________________________________________ Preparer Name:___________________________________ Date: ____________________ Instructions A. If you are certified by the DSBSD as a micro/small business, complete only Section A of this form. This includes DSBSD-certified women-owned and minority-owned businesses when they have also received DSBSD small business certification. B. If you are not a DSBSD-certified small business, complete Section B of this form. For the bid to b e considered and the bidder to be declared responsive, the bidder shall identify the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period in relation to the bidder’s total price for the initial contract period. in Section B. MALiA Request for Proposal – Library Materials Page 83 Section A If your firm is certified by the DSBSD provide your certification number and the date of certification. Certification number:____________________ Certification Date:_________________________ B. Plans for Utilization of DSBSD-Certified Small Businesses for this Procurement Micro/Small Business Name & Address DSBSD Certificate # Status if Micro/Small Business is also: Women (W), Minority (M) Contact Person, Telephone & Email Type of Goods and/or Services Planned Involvement During Initial Period of the Contract Planned Contract Dollars During Initial Period of the Contract ($ or %) Totals MALiA Request for Proposal – Library Materials Page 84 Attachment F REQUEST FOR PROPOSAL Title: Library Materials Mid-Atlantic Library Alliance, Inc. (MALiA) ATTACHMENT F State Corporation Commission Form Virginia State Corporation Commission (SCC) registration information. The bidder: X is a corporation or other business entity with the following SCC identification number: F195193-0 -OR- is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR- is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require a cceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location) -OR- is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virgini a and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. **NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver): MALiA Request for Proposal – Library Materials Page 85 Definitions of Binding Types and Presses Discounts are applied to the publisher’s current list price at the time of order entry. Prior to placing an order, the Library can determine a title’s estimated discount by utilizing the “Price this List” feature on ipage. In determining which titles receive less than full trade discounts, Ingram has utilized its best efforts to categorize books for pricing purposes by considering the binding, cost of acquisition, general marketing categories, publisher’s discount, and other factors as defined by the Definitions of Binding Types and Presses provided. Ingram reserves the right to be the sole and final determinant of the pricing category. Trade Hardcover: High demand fiction and nonfiction books published with a glued binding and a hardcover. These titles are typically for the general consumer and produced by widely distributed publishers. Trade bindings may also be referred to as retail trade editions, trade books, hardbound books, hardback books, cloth bound books or cloth cover books. Publishers normally produce these titles in larger print runs. * Quality Paperback: High demand fiction and nonfiction books with paper covers and generally no size restriction. Any illustrations or graphics may be placed throughout the book; both paper and printing are high quality. These titles are typically for the general consumer and produced by widely distributed publishers. This binding may also be referred to as trade paper or trade paperback. * Mass Market Paperback: High demand books with paper covers that are produced in a size to fit a standard retail store display and generally deal with subjects of mass appeal. Any illustrations are grouped together in one section of the book. * Library Bindings: Books of higher quality publisher bindings, usually fanned and glued, and may also be sewn. Books may be identified as Library Bindings on ipage. University Press: The binding types may vary for these titles (i.e. Hardcover and/or Paperback), but all are published by a University Press. Short Discount/Non-Trade: Lower demand, small print-run books in various bindings, and includes legal, technical, reference, scientific, and medical titles as defined by Ingram subject categories. Titles are generally published by small or university presses. Also included are print and audiobook titles purchased at lower than full trade discount; titles with limited sales volume; and/or titles from publishers not in compliance with Ingram’s purchasing requirements. Ingram is pleased to make this broad base of titles available to our customers with no service charges. Large Print: Ingram does not recognize the large print title as a separate binding type for discount purposes. Large print titles will receive discounts according to the binding/press assigned to the ISBN ordered as outlined above. Graphic Novels: A narrative work in which the story is conveyed to the reader using comic form. The term is employed in a broad manner, encompassing nonfiction works and thematically linked short stories as well as fictional stories across a number of genres. Picture Books, Board Books, Easy Readers, and Big Books: These juvenile genre categories are not discounting categories used by Ingram. These books will receive the discount appropriate to the specific binding/press ordered as outlined above. We estimate that at least 80% would receive the full trade discount. MALiA Request for Proposal – Library Materials Page 86 Prebound Books: Paperback books bound into a hardback edition. Our inventory also includes over 17,500 prebound titles from Perfection Learning and San Val (Turtleback Books), and are identified on ipage as Prebound-Sewn or Prebound-Glued World Language Materials: Ingram does not recognize Spanish language (or any world languages) as a discounting category. These books will receive the discount appropriate to the specific binding/press ordered as outlined above. Spoken Word Audio: Audiobooks produced for the general consumer and dealing with subjects of mass appeal. Spoken Word audio may be abridged or unabridged and are generally sold by publishers at full trade discounts, however some titles may be short discounted by the publisher. Ingram does not differentiate between MP3 CD and Audio CD formats for discounting purposes. Book and spoken word audio kits will receive discounts based upon classification of the title, typically by the publisher, as a book or as a spoken word audio. If classified as a book, it will receive the discount appropriate to the specific binding/press assigned to the ISBN ordered. DVD and Blu-ray: Currently, Ingram provides pre-recorded titles in these categories under a single discount. However, should a new format of DVD emerge in the industry for which studios apply different purchasing terms, Ingram will notify the Library of the discount applicable to that new format. Net: Low demand, small print run books in various binds upon which Ingram receives minimal or no purchase discount. This category of book will receive a 0% discount. Ingram is pleased to make this broad base of titles available to our customers with no service charges. *See Short Discount for explanation on titles that may fall outside of this discount category. INGRAM LIBRARY SERVICES LLC Offers the following discounts and terms to all members of the: MID ATLANTIC LIBRARY ALLIANCE (MALiA) Per Contract #2017-71500-01, Ingram Library Services LLC offers the following discounts, terms and conditions to the public library, academic library and State agency members of the Mid-Atlantic Library Alliance. Effective Dates: July 1, 2017 through June 30, 2020 Discounts: Adult and Juvenile Trade Hardcover: 1 copy per title .................. 45.8% 2-4 copies per title ............ 46.0% 5-9 copies per title ............ 46.2% 10+ copies per title ........... 46.5% Quality Paperbacks and Mass Market Paperbacks: 1 copy per title .................. 38.0% 2-4 copies per title ............ 40.0% 5-9 copies per title ............ 41.0% 10+ copies per title ........... 42.0% Library Bindings ...................................... 18.0% Prebound Books ...................................... 35.0% University Press ...................................... 18.0% Short Discounted/Non-Trade Titles ......... 10.0% Legal, Medical, Reference, Scientific, and Technical Titles ................ 10.0% * Spoken Word Audio ............................. 0-45.0% ** DVD/Blu-ray (Discount based on List Price of item): < $14.99 ........................................ 35.0% $15.00-$19.99 ............................... 30.0% $20.00 + ........................................ 25.0% Music CDs ............................................ 5-45.0% Video Games ............................................ 5.0% Net Titles ................................................... 0.0% * Eighty to eighty-five percent of all Spoken Word Audio is at the 45% discount; however, some Spoken Word Audio is short discounted by the publisher. ** Although the majority of Ingram's DVD inventory is eligible for the maximum discounts, some titles receive smaller discounts. Freight Terms: For libraries with a minimum of $50,000 in annual expenditures with Ingram or a commitment to meet this annual expenditure level, orders will ship with Ingram-paid freight from your primary and secondary distribution centers. For libraries with less than $50,000 in annual expenditures with Ingram, shipments of 15 or more units from your primary distribution center or from your secondary dist ribution center will qualify for Ingram- paid freight. Shipments of less than 15 units will be charged a flat $5.00 shipping fee. Items picked, packed, and shipped together count as an individual shipment. This flat fee amount or qualifying unit quantity is subject to change with notice. Shipping will be via best method, which may include order or account consolidation, shipping schedules or other account setting adjustments to maintain freight costs below 2% of invoice. Ingram does not currently assess any additional fees for shipping. However, given the unpredictable impact of rising oil prices, Ingram reserves the right to assess a fuel surcharge with notice. Payment Terms: Payment terms under this contract shall be 1% 10 Days/Net 30 Days. Payment is required for invoices within these terms even when a purchase order has not been completed. Ingram does not invoice for items until they have been shipped. Ingram offers a 1% cash discount on payments made within 10 days of statement date. Payments must be postmarked by the 10th of the month to qualify for the 1% discount. For payments submitted via ipage or Automated Monthly EFT Draft, the 1% discount is extended to the 25th of the month. Credit card payments are not eligible for this discount. This discount is shown on your invoice and must be taken at the time the invoice is paid and cannot be taken retroactively. These additional savings can be substantial when you take advantage of the prompt payment discount. While other vendors demand payment from invoice date, Ingram’s terms are calculated on statement date at the end of each month. With payment due 30 days from statement date, the customer’s payment is due an average of 45 days from invoice (30-59 days). Ingram reserves the right to assess a late charge on all past due invoices. Processing: With over 100 different options, processing can be customized per the Library’s specifications. Any additional processing options chosen by the Library will receive the current pricing in place at the time each option is added to their profile. Complete Processing and Cataloging (Automated Package) Includes Mylar or Label Protectors, Spine Label, Barcode, standard BookMARC record $1.19 per unit Mylar jacket and Catalog Card Kit, unfastened $1.59 per unit Mylar Jacket, Attached $0.69 per unit Mylar Jacket, Unattached $0.60 per unit Catalog Card Kit, Unfastened $0.99 per title Catalog Card Set $0.65 per title Paperback Laminate, 5 mil $1.99 per unit Paperback Laminate, 15 mil $1.85 per unit BookMARC Record- FTP or ipage $0.35 per record Theft-detection devices: 3M or Checkpoint $0.50 per unit Theft-detection devices: Spine insertion $0.55 per unit Theft-detection devices: 3M DCD-2 Overlay $1.33 per unit Ordering: Ingram can accept orders by toll-free phone, toll-free fax, mail, electronically, (email and/or EDI – Electronic Data Interchange), or through ipage. All orders receive immediate online order entry; phone and electronic orders receive title and stock verification. Mail orders should be sent to: Ingram Library Services LLC Attention Order Entry One Ingram Blvd. PO Box 3006 La Vergne, TN 37086-1986 The toll-free number for FAX ordering is 800-677-5116. The toll-free number for telephone orders is 800-937-5300. Emails with attached orders should be sent to ILS.orders@ingramcontent.com. Ingram supports EDI Transaction types and formats based on the capabilities of the library automation system. Ingram EDI offerings include: • Electronic ordering using the X12 format and FTP for communications. • Enriched EDI ordering. • Text format full order confirmation via email from Ingram email to user -specified email address. • Electronic invoicing using the X12 format and FTP f or communications. ipage: ipage is Ingram’s web-based title selection, ordering, and account management tool. Customers with a current, active Ingram account are eligible for a free subscription to ipage, which offers libraries easy-to- use ordering capabilities and other features at no cost for unlimited concurrent users. Libraries recognize ipage as an integral timesaving tool whose collection development and acquisitions capabilities, along with its various account management tools, make day-to-day ordering and receiving tasks virtually hassle-free. ipage can be accessed at https://ipage.ingramcontent.com. Account Set-up: Libraries wishing to establish a new account will be asked to complete an Ingram New Account Application and Terms of Sale Form. When setting up an account under the terms of the contract, the Library will be asked to provide a copy of their tax exemption certificate. Any item ordered prior to the start date of this Contract is not eligible to receive the terms of the Contracts. This applies to all backorders, standing orders, and firm orders placed prior to the enactment of this offer. Should a library receive a previously ordered item after the Contracts are in effect, previous discounts will apply. Ingram Contact List: Libraries have toll-free telephone access to any Ingram point of contact at (800) 937-5300, or you may reach your Senior Sales Representative directly at: • Derek Tolley, Senior Sales Representative (VA, NC, WV) .............. (615) 267-1617 E-mail: derek.tolley@ingramcontent.com • John Mangrum, Inside Sales Representative (VA, NC, WV) ........... Ext. 35774 Email: john.mangrum@ingramcontent.com • Jamie Cutlip, Senior Sales Representative (AL, FL, KY, TN) .......... (813) 508-6743 Email: jamie.cutlip@ingramcontent.com • Brandy Swett, Inside Sales Representative (AL, FL, KY, TN) ......... Ext. 31310 Email: brandy.swett@ingramcontent.com • Customer Care ............................................................................... Press Option 1, then 1 E-mail: ILSCustomer.service@ingramcontent.com To discuss concerns or issues regarding your account • To Place an Order .......................................................................... Press Option 1, then 2 E-mail: ILS.orders@ingramcontent.com • Account Services ............................................................................ Press Option 1, then 3 To Set Up / Maintenance an Account E-mail: requirements@ingramcontent.com • To Check Stock Status ................................................................... Press Option 1, then 4 • Toll-Free FAX Ordering ................................................................. (800) 677-5116 • Credit Department .......................................................................... (800) 937-8100 • Technical Support ........................................................................... (800) 937-7978 Mail payments only to this remittance address: Send mail orders only to: Ingram Library Services LLC Ingram Library Services LLC MS 512 P.O. Box 277616 One Ingram Blvd. Atlanta, GA 30394-7616 La Vergne, TN 37086-1986 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5226 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the amount of $74,100 to provide mobile compressed natural gas services at the Clearwater natural gas filling station and authorize the appropriate officials to execute same. (consent) SUMMARY: Ultimate CNG, LLC is currently providing temporary Compressed Natural Gas (CNG) refueling services, via a mobile CNG storage truck, at our CNG Filling Station located at 1020 North Hercules Avenue. This purchase order was originally approved by the City Manager in August 2018, in the amount of $99,715 and a 2nd Agreement, in the amount of $197,600, for a total amount of $297,315. These two agreements were ratified and confirmed by City Council on September 6, 2018. Staff is now requesting for Council to extend their services for an additional three weeks for the period October 13 through November 2, 2018. The reason for the increase is a result of the primary CNG compressor experiencing a mechanical failure after a repair was made in August. Subsequently, additional parts failed after the repair was completed and now those parts need to be replaced. The parts are currently on order and waiting on them to be manufactured and shipped. The compressor was originally manufactured in England, UK and several of the parts needed are not available in the USA. This increase total amount of the Purchase Order to $371,415. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in 4232078-531300. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/17/2018 ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Agreement for UCNG Daily Temporary Mobile CNG Fueling Service for Clearwater Gas in Clearwater, FL Service provided by Ultimate CNG LLC (UCNG) to Clearwater Gas: Deliveries at the Fueling Site of compressed natural gas (CNG) by UCNG employees eleven (11) hours per day, five (5) days per week, from 6:30 a.m. until 5:30 p.m. Monday through Friday (herein after, the Work Day). UCNG shall deploy the UCNG FuelMule™ each Work Day for use during this Engagement to augment the use of the Clearwater Gas on-site ANGI compressor. The UCNG FuelMule™ compressor shall be utilized for as many as eight hours each Work Day during the Term of this Engagement. Additionally, UCNG shall provide a Gas Transport Module for use at the Site during the Engagement Period which will commence on Saturday, October 13, 2018 and continue through Friday, November 3, 2018. Fueling Site: The Clearwater Gas Fueling Site located at 1020 Hercules Avenue, Clearwater Florida. Clearwater Gas shall provide no-cost access to the Fueling Site for UCNG to fulfill its obligations under this Agreement, including parking for UCNG equipment throughout the term of this Agreement. Source of CNG: UCNG is dependent upon Clearwater Gas as a natural gas source at the Fueling Site referred to above. This Site is the exclusive source of natural gas required for use in the UCNG FuelMule™ under this Agreement. UCNG shall acquire natural gas from this site and Clearwater Gas acknowledges that UCNG shall have no obligation to deliver more CNG than it is able to obtain, using commercially reasonable efforts, and no damages shall accrue because of such inability. UCNG’s Mobile CNG Fueling Service during the Temporary Mobile CNG Fueling Period: The Temporary Mobile CNG Fueling Period (herein after; the Engagement Period) for this Project will be for a three (3) week period. The UCNG Service Offering in this Purchase Order Proposal is expected to commence on Saturday, October 13, 2018 and continue through Friday, November 3, 2018. The anticipated cost is approximately $74,100. The mobile CNG fueling services provided to Clearwater Gas by UCNG during this Engagement Period shall consist of three cost components. • The first cost component is the dedicated use of the UCNG FuelMule™ and a qualified UCNG employee FuelMule™ Operator during all Work Days throughout the Engagement Period. Compression from the FuelMule™ will be available throughout each day and shall be used in compression mode for up to eight hours of compression time during each Work Day. • The second cost component is the use of a primary UCNG Gas Transport Module (GTM) on- site to assist with CNG fueling of the City of Clearwater Trucks and other large commercial vehicles that come to the Station. A second GTM will also be made available to Clearwater Gas and if so needed can also be utilized on-site during the Engagement Period as well. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] • The third cost component is a full-time UCNG GTM Operator/Fueling Technician on-site during all Work Day hours each week to assist vehicles that enter the Clearwater CNG Station with CNG fueling. a) The first cost component is a FuelMule™ Operation and Usage Fee of $18,500 per Week. The Weekly FuelMule™ Operation and Usage Fee includes: • Dedicated use of the UCNG FuelMule™ as well as an UCNG employee FuelMule™ Operator each Work Day from 6:30 a.m. until 5:30 p.m. The FuelMule™ will be available for gas compression for up to eight hours per Work Day. All compression hours required beyond eight hours per Work Day shall be Invoiced at $295.00 per hour. b) The second cost component is a GTM Usage Fee of $4,200 per Week. The Weekly GTM Usage Fee includes: • Dedicated use of a UCNG GTM. This Fee does not include the salary and benefits for a weekly UCNG employee Fueling Technician/GTM Operator each Work Day from 6:30 a.m. until 5:30 p.m. The GTM will be available for dispensing high pressure natural gas throughout each Work Day. An additional GTM can be made available for another fee of $2,100 per week. c) The third cost component is for a UCNG GTM Operator/Fueling Technician of $2,000 per Week. • Dedicated use of a UCNG employee Fueling Technician/GTM Operator each Work Day from 6:30 a.m. until 5:30 p.m. The GTM employee will be available for dispensing high pressure natural gas into awaiting City of Clearwater Trucks and other large commercial vehicles throughout each Work Day. The $24,700.00 Weekly Fueling Service Fee included as the first, second and third components listed above will cover ALL costs associated with UCNG’s mobile CNG fueling service including: • Daily use of multiple pieces of UCNG Equipment, including the UCNG FuelMule™ and UCNG GTM. • Capital depreciation, maintenance and wear and tear on all components of UCNG equipment required to deliver natural gas to City of Clearwater Trucks and other large commercial vehicles at the Fueling Site. • Salary and Benefits, daily transportation, overnight accommodations, per diem expenses, etc. for two UCNG employees (FuelMule™ Operator and GTM ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Operator/ Fueling Technician) required to dispense CNG fuel into the City of Clearwater Trucks and other large commercial vehicles each Work Day. • Insurance and all other associated UCNG mobile fueling costs. Motor Fuels/Excise Tax: Any taxes associated with the acquisition, dispensing and consumption of CNG pursuant to this agreement (sales, use and/or motor fuels taxes, excise tax, etc., excluding income tax) shall be the responsibility of Clearwater Gas. Term of the Agreement: The term of this Agreement (”Agreement #3”) shall commence on Saturday, October 13, 2018 and continue through Friday, November 3, 2018 or longer as necessary and as agreed to by both parties. Clearwater Gas may terminate by providing forty-eight (48)-hours written notice to UCNG. Payment Terms: Invoices will be prepared on a weekly basis. Payment terms are net 30 days from the date of the Invoice. Standard Terms that are attached hereto are incorporated as an integral part of this Agreement. Agreed and accepted this ________ day of October, 2018. Agreement for UCNG Daily Temporary Mobile CNG Fueling Service for Clearwater Gas in Clearwater, FL (Agreement #2) ULTIMATE CNG, LLC By: ______________________________ Brian P. Fimian Chief Operations Officer ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Standard Terms: Minimum Term; Take or Pay. The parties agree that Client shall pay the fees set forth for: (i) a minimum Term of 23 days, whether or not Client makes use of any of the fueling services and whether or not it takes delivery of any CNG and (ii) each Weekly Service Fee the during the Term and the UCNG Equipment Mobilization charge, whether or not Client makes use of the fueling services during such delivery period and whether or not it takes delivery of any CNG. In the event fees are payable by Client even though it does not make use of fueling services, the amounts payable are intended to be an estimate of the amount that would be necessary to compensate UCNG for standing ready to provide the services and for the actual damages (including without limitation loss of bargain) it would suffer if this Agreement or the Term were terminated earlier than the end of the minimum Term. The parties acknowledge and agree that the amount set forth above is a reasonable estimate of such actual damages. Fueling Site. Client grants to UCNG, at no cost, a non-exclusive license to access and use the fueling site during the Term (i) to supply UCNG’s equipment at the fueling site with natural gas, (ii) to use the fueling site as contemplated hereby and in compliance with all applicable environmental, safety, land use, zoning and other laws and regulations and (iii) to store UCNG’s GTMs and related delivery equipment, and personal vehicles of UCNG’s personnel at the fueling site. Such license shall be irrevocable during the Term. Such license is not gratuitous, but is given in exchange for the UCNG’s undertakings in this Agreement. Client shall allow UCNG to limit access to UCNG’s equipment and the immediate area surrounding it as reasonably required to ensure the safe and efficient operation of the UCNG’s equipment. Additional Payment Terms. Each invoice shall be deemed accurate in the absence of manifest error. Any amount payable by Client under this Agreement and not paid when due shall bear interest, payable on demand, until such past-due amount is paid in full at the rate of 12% per annum, provided that such rate of interest shall not exceed the maximum rate permitted by applicable law. Taxes. If any Sales Tax or Excise Tax is applicable to the transactions contemplated hereby, then Client shall (i) pay to UCNG all Sales Taxes and Excise Taxes payable by Client and collectible by UCNG as a result of the services and payments hereunder, (ii) pay directly to the relevant taxing authority when due all Sales Taxes and Excise Taxes payable by it directly to a taxing authority as a result of the services and payments hereunder and (iii) pay or reimburse UCNG promptly on demand for all Sales Taxes and Excise Taxes payable by UCNG as a result of the services and payments hereunder. Such payments shall be in addition to, and without deduction from or otherwise reducing, the compensation payable hereunder. “Sales Tax” means any U.S. or foreign federal, state or local sales, use, value added, transfer or similar tax, assessment or fee which is payable on the purchase and sale of goods generally (with limited exceptions), but not including any Income Tax. “Excise Tax” means any U.S. or foreign federal, state or local tax, assessment or fee which is payable as a result of the purchase, sale, transportation, supply or use of CNG or uncompressed natural gas or the other transactions contemplated hereby, but not including any Sales Tax or Income Tax. “Income Tax” means any U.S. or foreign federal, state or local tax levied upon UCNG’s or Client’s net income, or levied upon its gross receipts in lieu of a net income tax. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] No Other Use. Client shall not, in any event, resell any compressed natural gas handled by UCNG or use it for any purpose other than as transportation fuel for the vehicle into which it is delivered by UCNG pursuant to this Agreement. Service Provider Only; Force Majeure. UCNG shall not be responsible for delays, failures or omissions arising out of causes beyond its control and not occasioned by UCNG’s fault or negligence, including without limitation: acts of God, war, armed hostilities, riots, fires, floods, storms, freezing weather, earthquakes, serious accidents, expropriation, condemnation or confiscation of property, governmental acts or failure to act (whether or not under legal authority), interruption of natural gas supplies, change in specifications of natural gas purchased by it, strikes or labor troubles or failure or delay in transportation. Delays arising from the foregoing causes may be longer than the period of time such cause (such as a strike, governmental shutdown or riots) existed. The parties agree that a delay arising out of the causes referred to above will be material or indefinite only if it exceeds one year. Warranties; Limitations. Client represents and warrants to UCNG that it has selected (and will select) all the vehicles that it seeks to have UCNG refuel without any involvement on the part of UCNG, and that Client has determined that the design, function, performance and specifications of such vehicles, their engines and their fuel storage and delivery systems are suitable for Client’s purposes and consistent with CNG that meets the standards and specifications set forth in this Agreement. The parties agree that, in determining the foreseeability of any loss or damage arising out of any breach of this Agreement, each will be charged only with such knowledge of the other’s business, requirements and intended use of vehicles as has been formally disclosed to the other party in writing before making this Agreement. Amendment; No Waivers. Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by each party hereto or, in the case of a waiver, by the party against whom the waiver is to be effective. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. Integration. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and negotiations, both written and oral, among any of the parties with respect to the subject matter of this Agreement. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. If a dispute between or among the parties relating to this Agreement becomes the subject of litigation, the prevailing party in such dispute (as determined by the court) shall be entitled to recover reasonable attorneys’ fees, costs and expenses incurred in connection therewith from the other party. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] HOLD HARMLESS/INDEMNIFICATION: UCNG shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgements and liability for death, personal injury, bodily injury, or property damage arising directly from its negligent performance under the Agreement, or a subsequent purchase order entered into by City and UCNG, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. UCNG acknowledges that it is solely responsible for complying with the terms of the Agreement or a purchase order arising out of the agreement. Counterparts. This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5179 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve a Contract (Purchase Order) renewal to Communications International of Vero Beach, FL, in the amount of $129,384.00 for the maintenance and repair of the city-wide two-way radio communication system and equipment in accordance with Sec. 2.564(1)(b), Code of Ordinances - Sole Source and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract renewal authorizes Communications International to provide preventive maintenance, repair, and or replacement, labor, and testing on all the City’s two-way radios and terminals. The term of this contract renewal is one year, October 1, 2018 through September 30, 2019, and includes demand services, emergency services, and preventive maintenance. APPROPRIATION CODE AND AMOUNT: 5666620-530300 $129,384.00 These funds are available in the operating expense of the Radio Shop in as budgeted in Fiscal Year 2018/19. Page 1 City of Clearwater Printed on 10/17/2018 HARRIS CORPORATION RF Communications Division 8323 N.W. 12 Street Suite 200 Miami, FL USA 33126 www.harris.com October 1, 2018 Earl Gloster Director of General Services 1900 Grand Ave Clearwater FL, 33765 RE: Sole source for Harris 700/800 MHz sales and service The City of Clearwater owned Harris EDACS 800 MHz and 700 MHz P25 radio equipment is proprietary and is only manufactured by Harris Corporation. Communications International, a certified Harris Network Service Provider, is the sole authorized service provider in for your account. In June 2002 the City of Clearwater signed a twenty year contract with Harris Corporation to provide radio system services and equipment. Communications International is the Authorized Harris Network Service Provider for our account and has provided a letter certifying such Harris trunked public safety radio equipment can only be purchased indirectly from the authorized Harris service provider Communications International, or directly from Harris Corporation. If you have any further questions or concerns I encourage you to call me at my office. Thank you again for choosing Harris for your communications needs. Sincerely Steven Murphy Indirect Channel Manager smurph10@harris.com (434)455-9315 221 Jefferson Ridge Parkway Lynchburg, VA 24501 ORIGINAL CICOMMUNICATIONS INTERNATIONAL GOLD PLAN SERVICE AGREEMENT This Gold Plan Service Agreement (the "Agreement ") is entered into as of October 1 2014( "Effective Date ") by and between Communications International, Inc., located at 4450 U.S. Highway 1, Vero Beach, Florida 32967 ("Cr), and the City of Clearwater located at 100 Myrtle Avenue, PO Box 4748, Clearwater, Florida 33756 hereafter referred to the ( "Customer "). Ci and Customer may also be referred to herein, individually, as a "Party," and, collectively, as the "Parties." WHEREAS, Ci provides maintenance services for two -way radio communications equipment; WHEREAS, the Customer desires to contract the repair and maintenance of certain two -way radio equipment; WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be maintained; WHEREAS, the Parties hereby desire to enter into this Agreement to set forth, in writing, their respective rights, duties and obligations hereunder; and NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the Parties agree as follows: 1. DEFINITIONS A. "Demand Services" shall mean services requested by Customer which are not included in the fixed fee arrangement in this Agreement. B. "Emergency Services" shall mean services that are available by Ci twenty -four (24) hours per day, seven (7) days per week, including Federal and State Holidays. C. "Normal Working Hours" shall mean 8:00 am until 5:00 pm, local time, Monday through Friday, excluding Federal and State Holidays ( "Business Days "), unless otherwise defined. D. "Services" shall mean those services to be provided by Ci to the Customer pursuant to this Agreement, but not limited to maintenance, repair, replacement, labor and testing. E. "Terminal Equipment" shall mean mobile radios, portable radios and fixed control station equipment listed in Exhibit B, attached hereto and incorporated herein. 2. SCOPE OF AGREEMENT Ci agrees to maintain the ability to provide the services set forth in Exhibit A, attached hereto and incorporated herein, and to provide the Services described herein, including Demand and Page 1 of 10 ORIGINAL Emergency Services. The Customer agrees to purchase these Services from Ci, as needed, in accordance with Exhibit C, attached hereto and incorporated herein. 3. TERM AND TERMINATION A. The initial term of this Agreement shall be for a period of one (1) year (the "Tenn"). The Agreement shall automatically renew at the end of the Term for additional one (1) year terms ( "Renewal Terms "), unless (i) either Party notifies the other Party, in writing, at least ninety (90) days prior to expiration of this Agreement of its intent not to renew or (ii) in the event Ci proposes new terms, conditions, or pricing ( "New Terms "), such New Terms are not accepted by the Customer in writing. B. This Agreement may be terminated by either Party, with or without cause, upon ninety (90) days written notice, by overnight delivery, personal delivery or registered mail return receipt requested to the other Party. Such notice shall be effective upon receipt. C. Upon termination of this Agreement by either Party after Ci has performed the annual Preventative Maintenance on Customer's equipment, the Customer shall pay Ci fifty percent (50 %) of the annual rate within thirty (30) days of termination. 4. PRICES AND TERMS OF PAYMENT A. The prices to be charged for the regular routine maintenance Services are as set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services are as set forth in Exhibit C. C. All pricing discounts on both hardware and software, including all vendor equipment offered by Ci are set forth in Exhibit D, attached hereto and incorporated herein. D. Payment for Services for monthly maintenance, as outlined in Exhibit B of this Agreement, is due in advance and payable in full thirty (30) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis. E. Payment for all Demand Services, Professional Services and purchase of all products and/or equipment is due in full thirty (30) days after receipt of invoice. Invoices shall be submitted to the Customer as the work is completed. 5. EXTRA CHARGES No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties. 6. SERVICES A. Installation, removal, or reinstallation of equipment shall be performed by Ci following reasonable notice to the Customer at the rates listed in Exhibit C at a time agreed to by both Parties. Page 2 of 10 ORIGINAL B. Customer shall be charged the Demand Services rate set forth in Exhibit C for all items and services not covered for maintenance under Exhibit B, such as batteries, mobile antennas, audio accessories or repairs caused by physical damage or abuse. C. In addition to the Services specified in this Agreement, the Customer may order other work to be provided by Ci, including specially designed work or services otherwise not covered by this Agreement ( "Special Requirements Order "). Within ten (10) business days of receipt of a Special Requirements Order, Ci will furnish the Customer with a written proposal to fill such Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal with ten (10) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (11th) Business Day after receipt. D. Purchase orders issued in compliance with this Agreement, other than Special Requirements Orders, shall be deemed accepted upon receipt by Ci. Special Requirement Orders shall be deemed accepted by Ci upon receipt of the Customer's acceptance of Ci's proposal. E. Unless otherwise specifically agreed between Ci and the Customer, in writing, the terms and conditions of this Agreement shall take precedence over any accepted purchase order issued after the date of this Agreement. F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Agreement. G. Terminal Equipment may be delivered or shipped to Ci by Customer or picked up by Ci during a weekly service visit by Ci. Maintenance shall be performed at a Ci facility during Normal Working Hours. If Terminal Equipment is shipped to the Ci facility for repair, the return shipping charges shall be billable to the Customer. H. Emergency Services on Terminal Equipment, if requested, will be performed and will be charged at the Demand Services rate set forth in Exhibit C. 7. PREVENTIVE MAINTENANCE A. Ci will annually perform verification on Terminal Equipment covered by this Agreement to validate factory specifications and correct any deficiencies found ( "Preventative Maintenance "). Upon Customer's request, Ci will repair damage due to abuse or neglect at the Demand Service rate listed in Exhibit C. B. Any Terminal Equipment found to be non - working or incapable of meeting specifications during performance of the first Preventative Maintenance effort will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up to specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosive atmospheres or when immersed in water (e.g. Immersion or Intrinsically Safe radios) are not covered by this Agreement. C. Copies of service records will be available to the Customer upon request. 8. ADDITIONS AND DELETIONS Page 3 of 10 ORIGINAL A. The quantity of Terminal Equipment units to be maintained and/or serviced may be added to, or removed from, this Agreement while the Agreement is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be added to the Agreement the month following the expiration date of the manufacturer's warranty. A letter of authorization from the Customer is required to add to or remove Equipment from Exhibit B. Such Terminal Equipment must be identified by individual LID numbers, serial numbers and property ID numbers. B. Before any piece of Equipment may be added to this Agreement, Ci has the right to evaluate the Equipment and bill the Customer for time and materials for any corrective actions needed for such Equipment at the Demand Services rate. C. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, the amount charged to the Customer the month following such change. D. Customer shall pay Ci fifty percent (50 %) of the annual rate for any Equipment removed from Exhibit B after the annual Preventative Maintenance has been performed on such Equipment. 9. RESPONSE TIME The estimated time of repair is five (5) Business Days for Terminal Equipment delivered to Ci's local facility. 10. FORCE MAJEURE Neither the City nor CI shall be liable to the other for any failure to perform pursuant to the terms and conditions of this Agreement to the extent such performance is prevented by an event of Force Majeure. The term "Force Majeure" shall mean causes not within the control of the party whose performance is affected, including without limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots, epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, explosions, breakage or non - foreseeable accidents to machinery or pipe lines, and which in each of the above cases, such party is unable to prevent or overcome by the exercise of due diligence utilizing commercially reasonable efforts, procedures and processes. The party whose performance is excused by an event of Force Majeure shall promptly notify the other party in writing of such occurrence and its estimated duration, shall promptly remedy such event of Force Majeure, if and to the extent reasonably possible, and thereafter resume such performance as soon as possible. 11. INDEMNIFICATION a. Each party hereto shall indemnify and hold harmless and defend the other party, their trustees, officers, agents, elected officials, or employees, from any and all liability, damages, cost, or expense any indemnified party shall become obligated to pay by reason of any claim, lawsuit, or judgment on account of injury to property or injury received or death suffered to persons, which is caused by the act or omission of any duty that the indemnifying party or their trustees, officers, agents, elected officials, or employees under this Agreement. This indemnification clause shall survive the expiration or earlier termination of this Agreement until all claims against the Parties involving any indemnified matters are resolved or barred by the applicable statute of limitation. Page 4 of 10 ORIGINAL b. All of the indemnification obligations of the City shall be limited to the extent permitted by law. Nothing in this Agreement shall alter the waiver of sovereign immunity or extend the City's liability beyond the limits established in Section 768.28, Florida Statutes. c. Nothing herein shall be construed as consent by the City to be sued by third parties in any matter arising out of this Agreement. 12. INSURANCE Prior to work commencing under this Agreement, Ci shall, at its own cost and expense, acquire and maintain (and cause any contractors, subcontractors, representatives, or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Specifically, Ci must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non - owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, Ci will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured" on the Commercial Liability and Auto Liability Insurance policies. In addition when requested in writing from the City, Ci will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater P.O. Box 4748 Page 5 of 10 ORIGINAL Clearwater, FL 33758 -4748 b. Ci shall provide thirty (30) days written notice of any cancellation, non - renewal, termination, material change or reduction in coverage. c. Ci's insurance as outlined above shall be primary and non - contributory coverage for Ci's negligence. d. Ci agrees to timely notify the City of any and all claims that may arise related to this Agreement or work performed under this Agreement, and that the City reserves the right to appoint legal counsel for any and all claims. e. Ci shall not be relieved of any obligation of indemnification pursuant to this Agreement by reason of its failure to secure and maintain appropriate insurance as required by this Section. f. Ci shall defend, indemnify, save and hold the City, its employees, officers, or directors harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage, arising directly or indirectly, including legal fees, court costs, or other legal expenses; except, for such claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the City /CGS or its employees, officers, or directors or for statutory violation or punitive damages, except and to the extent the statutory violation or punitive damages are caused by, or result from, the acts or omissions of Ci or any of Ci's employees, contractors, subcontractors, representatives, or agents. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor's obligation to provide the insurance coverage specified. 13. ENTIRE AGREEMENT AND MODIFICATION This Agreement and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver of any provisions of this Agreement or consent to any departure therefrom shall be effective unless in writing and signed by duly authorized officers of both Parties. Page 6 of 10 ORIGINAL AUTHORIZED SIGNATURE IN WITNESS HEREOF, Communications International, Inc. and the City of Clearwater have caused this Agreement to be signed as of the Effective Date set forth above. COMMUNICATIONS INTERNATIONAL, INC. City of Clearwater By: Name: Barry eim Title: Chief Financial Officer By: W1 - -U _ ' William B. Horne, II City Manager Approved as to form: Pamela Akin City Attorney Page 7 of 10 By: -georketcrt405 Name: George N. Cretekos Title: Mayor By: py Ro emarie all City Clerk ORIGINAL EXHIBIT A SCOPE OF WORK During the term of the Agreement, Ci agrees (i) to provide Customer with repair, maintenance services and parts to maintain the Customer's radio equipment as set forth herein, and (ii) to provide the products and services as described herein at the prices set forth in Exhibits B and C. 1. Conditions of Service Ci shall supply staffing, supervision, labor, service facilities, repair parts, test equipment, and supplies necessary to meet the service requirements stated herein. 2. Equipment Maintenance Terminal Equipment shall be serviced at a Ci facility during Normal Working Hours. Emergency Services shall be available for mobile equipment twenty-four (24) hours per day, seven (7) days per week, and, if requested, will be performed at the rate stated for Emergency Services in Exhibit C. Mobile equipment, if removed from vehicle for repair at Ci's facility, shall be repaired and replaced within five (5) working days, if parts are available; otherwise repaired or replaced on a mutually agreed -upon time. Solely at the Customer's request, and scheduled at a mutually agreed -upon time, mobile or portable equipment serviced at the Customer's building or vehicle's work location will be subject to a "Trip Charge" and will be performed at a rate listed on the Demand Services as specified in Exhibit C. 3. Demand Services When requested by the Customer, the installation, removal, or reinstallation of equipment shall be performed by Ci, following reasonable notice, and at the rates listed in Exhibit C. Service work made necessary because of abuse or neglect not under the control of Ci will be performed at the hourly rate for Demand Services plus parts. Special work, not otherwise covered, will be performed at prevailing rates, or may be performed by the Customer or its agents at Customer's election and expense. Copies of service records for Demand Services will be provided by Ci to the Customer representative on a monthly basis together with or included in the regular monthly invoices submitted by the Ci for payment. The Parties shall agree upon an electronic format of transmitting the service records, which shall include a scanned copy of the work order (which shall have a legible signature from an authorized representative of the Customer before it will be accepted to be processed for payment) with each service record and request for payment. The Customer, for verification of authorization, shall submit a list of authorized signatures. 4. Preventative Maintenance Schedule Ci will develop a mutually- agreeable Preventative Maintenance schedule with Customer to perform Preventative Maintenance on Customer's Equipment that is listed in Exhibit B. Ci will annually perform verification on mobiles, portables and fixed control stations covered by this Agreement to validate factory specifications and will correct any deficiencies found. Damage due to abuse will be repaired at the Demand Services rate, plus parts. 5. General All services provided under this Agreement are only applicable to the Equipment listed in Exhibit B of this Agreement. Page 8 of 10 ORIGINAL EXHIBIT B Equipment and Pricing List Page 9of10 ORIGINAL EXHIBIT C SERVICE RATES Demand Services Charge Normal Hourly Demand Rate for 8 hours x 5 days $ 86.00 Emergency and After Hours Demand Rate $ 129.00 Professional Services System Design Engineering Hourly Rate $ 120.00 Engineering Hourly Rate $ 120.00 RF Propagation Hourly Rate $ 120.00 Inter - modulation Study Hourly Rate $ 100.00 Fleet Map Structure Hourly Rate $ 90.00 Traffic Analysis Hourly Rate $ 100.00 Dispatch Center Consulting Hourly Rate $ 90.00 FCC Frequency Searches Hourly Rate $ 90.00 EXHIBIT D Pricing Discounts Pricing discounts for all Harris manufactured equipment will be at the current Public Safety discount level of at least 25% off list price published on the Harris website. All list pricing will reference the most current pricing available. All vendor items will be priced at current published "Public Safety or Government" discount levels. Discounts on all other manufactured equipment, custom equipment, and software not having published discount levels will be quoted at the time of request. All prices will be at best pricing offered to Public Safety Agencies by Ci. Page 10 of 10 C COMMUNICATIONS INTERNATIONAL 4450 US Highway 1 Vero Beach, FL 32967 772 -569 -5355 Fax: 772 -567 -2292 Site: City of Clearwater, 1900 Grand Ave. Clearwater, Radio Communications F Contract # Purchase Order # Covered Period: 10/1/2014 to 9/30/2015 Agreement # Customer# CLE110RS Bill To: Clearwater, City of 100 Myrtle Avenue PO Box 4748 Clearwater, FL 33756 Model Description Asset Serial Number Shop Area 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 2002 HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX HA8DSX 700P 700P 700P 700P 700P 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HABDSX 700P R3154 9614587 09 01346 2003 HABDSX 700P R3156 9614589 09 01372 2003 HABDSX 700P R3157 9614186 09 01334 2003 HABDSX 700P R3158 9614187 09 06620 2003 HABDSX 700P R3159 9614188 09 06620 2003 HABDSX 700P R3160 9614189 09 01334 2003 HABDSX 700P R3161 9614190 09 06620 2003 HABDSX 700P R3162 9614191 09 01162 2003 HABDSX 700P R3163 9614192 09 06620 2003 HA8DSX 700P R3165 9614194 09 06620 2003 HABDSX 700P R3166 9614195 09 06620 2003 HABDSX 700P R3167 9614197 09 01372 2003 HABDSX 700P R3168 9614199 09 01372 2003 HABDSX 700P R3171 9614203 09 01162 2003 HABDSX 700P R3173 9614207 09 06620 2003 HABDSX 700P R3174 9614209 09 06620 2003 HABDSX 700P R3175 9614210 09 06620 2003 HABDSX 700P R3176 9614215 09 06620 2003 HABDSX 700P R3179 9614347 09 06620 2003 HABDSX 700P R3180 9614348 09 06620 2003 HABDSX 700P R3181 9614355 09 06620 2003 HABDSX 700P R3182 9614516 09 01162 2003 HABDSX 700P R3183 9614517 09 06620 2003 HABDSX 700P R3184 9614518 09 06620 2003 HABDSX 700P R3185 9614519 09 06620 2003 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09 06611 Confidential 12/18/2014 Page 6 2005 HABDSX 700P R3610 9023475 09 02088 2005 HABDSX 700P R3612 9023836 09 01860 2005 HA8DSX 700P R3613 9023480 09 01162 2005 HA8DSX 700P R3614 9023835 09 01808 2006 HA8DSX 700P R3636 9155459 09 06611 2006 HABDSX 700P R3637 9155460 09 06620 2006 HABDSX 700P R3638 9154349 09 01860 2006 HA8DSX 700P R3639 9154350 09 06620 2006 HA8DSX 700P R3640 9154351 09 02084 2006 HA8DSX 700P R3641 9154352 09 01808 2006 HABDSX 700P R3642 9154353 09 01808 2006 HABDSX 700P R3643 9154354 09 01808 2006 HABDSX 700P R3644 9154355 09 01808 2006 HABDSX 700P R3645 9154356 09 01860 2006 HA8DSX 700P R3646 9154357 09 06620 2006 HA8DSX 700P R3647 9154358 09 06531 2006 HA8DSX 700P R3648 9154389 09 06611 2006 HA8DSX 700P R3649 9154390 09 01860 2006 HABDSX 700P R3650 9154391 09 01860 2006 HABDSX 700P R3651 9154392 09 06620 2006 HABDSX 700P R3652 9154393 09 01162 2006 HABDSX 700P R3653 9154394 09 06620 2006 HABDSX 700P R3654 9154395 09 01860 2006 HABDSX 700P R3656 9154397 09 01162 2006 HABDSX 700P R3657 9154398 09 06620 2006 HA8DSX 700P R3658 9154399 09 06620 2006 HA8DSX 700P R3659 9154400 09 01162 2006 HA8DSX 700P R3660 9154401 09 06620 2006 HA8DSX 700P R3661 9154402 09 01162 2006 HA8DSX 700P R3662 9154403 09 01162 2006 HA8DSX 700P R3663 9154404 09 06620 2006 HA8DSX 700P R3664 9154405 09 06620 2006 HA8DSX 700P R3665 9154406 09 06620 2006 HA8DSX 700P R3666 9154407 09 06620 2006 HA8DSX 700P R3667 09 06620 2006 HA8DSX 700P R3668 9154509 09 06620 2006 HA8DSX 700P R3669 9154510 09 01162 2006 HA8DSX 700P R3670 9154511 09 06620 2006 HA8DSX 700P R3671 9154512 09 01162 2006 HA8DSX 700P R3672 9154513 09 01162 2006 HA8DSX 700P R3673 9154514 09 01162 2006 HABDSX 700P R3674 9154515 09 06620 2006 HABDSX 700P R3675 9154516 09 01162 2006 HABDSX 700P R3676 9154517 09 01162 2006 HABDSX 700P R3677 9154518 09 01162 2006 HABDSX 700P R3678 9154579 09 01162 2006 HABDSX 700P R3679 9154580 09 01162 2006 HABDSX 700P R3680 9154581 09 01162 2006 HABDSX 700P R3681 9154582 09 01162 2006 HA8DSX 700P R3682 9154583 09 06620 2006 HABDSX 700P R3683 9154584 09 01162 2006 HA8DSX 700P R3684 9154585 09 01162 2006 HA8DSX 700P R3685 9154586 09 06620 2006 HA8DSX 700P R3687 9154588 09 06620 2006 HA8DSX 700P R3688 9155840 09 01162 2008 HA8DSX 700P R3726 9165994 09 06620 2008 MAHMS8RXX P5100 R3761 9174155 09 06611 2008 MAHMS8RXX P5100 R3762 9174153 09 01331 2008 MAHMS8RXX P5100 R3764 9174376 09 01331 2008 MAHMS8RXX P5100 R3767 9173858 09 01331 2008 MAHMS8RXX P5100 R3768 9173743 09 01331 2008 MAHMS8RXX P5100 R3769 9173860 09 01331 2008 MAHMS8RXX P5100 R3770 9173864 09 01331 Confidential 12/18/2014 Page 7 Year Model Model Description Asset Serial Number Shop Area 2008 MAHMS8RXX P5100 R3771 9173660 09 01331 2008 MAHMS8RXX P5100 R3772 9173857 09 01331 2008 MAHMS8RXX P5100 R3773 9173666 09 01331 2008 MAHMS8RXX P5100 R3774 9173741 09 01331 2008 MAHMS8RXX P5100 R3775 9173859 09 01331 2008 MAHMS8RXX P5100 R3776 9173745 09 01331 2008 MAHMS8RXX P5100 R3777 9173856 09 06620 2008 MAHMS8RXX P5100 R3778 9173664 09 06611 2008 MAHMS8RXX P5100 R3779 9173742 09 01860 2008 MAHMS8RXX P5100 R3780 9173657 09 02082 2008 MAHMS8RXX P5100 R3781 9173662 09 02082 2008 MAHMS8RXX P5100 R3783 9173659 09 01860 2008 MAHMS8RXX P5100 R3784 9174320 09 06620 2008 MAHMS8RXX P5100 R3785 9174206 09 01860 2008 MAHMS8RXX P5100 R3786 9174148 09 06620 2008 MAHMS8RXX P5100 R3787 9174147 09 06620 2008 MAHMS8RXX P5100 R3788 9174215 09 02051 2008 MAHMS8RXX P5100 R3789 9174322 09 06620 2008 MAHMS8RXX P5100 R3790 9174317 09 06620 2008 MAHMS8RXX P5100 R3791 9174208 09 01860 2008 MAHMS8RXX P5100 R3792 9174319 09 02051 2008 MAHMS8RXX P5100 R3793 9174211 09 06620 2008 MAHMS8RXX P5100 R3794 9174209 09 06620 2008 MAHMS8RXX P5100 R3795 9174492 09 01346 2006 MAHMS8RXX P5100 R3796 9174378 09 02067 2008 MAHMS8RXX P5100 R3797 9174488 09 01860 2006 MAHMS8RXX P5100 R3798 9174484 09 02090 2006 MAHMS8RXX P5100 R3799 9174490 09 02069 2008 MAHMS8RXX P5100 R3800 9174384 09 01346 2006 MAHMS8RXX P5100 R3802 9174379 09 02067 2006 MAHMS8RXX P5100 R3803 9174486 09 02067 2006 MAHMS8RXX P5100 R3804 9174380 09 02067 2008 MAHMS8RXX P5100 R3805 9174385 09 01860 2006 MAHMS8RXX P5100 R3806 9174487 09 02067 2006 MAHMS8RXX P5100 R3808 9173663 09 06620 2006 MAHMS8RXX P5100 R3810 9173629 09 01346 2006 MAHMS8RXX P5100 R3811 9173938 09 01162 2006 MAHMS8RXX P5100 R3812 9173937 09 06620 2006 MAHMS8RXX P5100 R3813 9173627 09 01860 2006 MAHMS8RXX P5100 R3814 9173744 09 06620 2006 MAHMS8RXX P5100 R3815 9173861 09 01162 2006 MAHMS8RXX P5100 R3816 9173665 09 01162 2006 MAHMS8RXX P5100 R3817 9173863 09 01162 2006 MAHMS8RXX P5100 R3818 9173943 09 06620 2006 MAHMS8RXX P5100 R3819 9173632 09 01162 2006 MAHMS8RXX P5100 R3820 9173656 09 01162 2006 MAHMS8RXX P5100 R3822 9173865 09 06620 2006 MAHMS8RXX P5100 R3823 9174321 09 06611 2006 MAHMS8RXX P5100 R3824 9174213 09 01314 2006 MAHMS8RXX P5100 R3825 9174323 09 01314 2006 MAHMS8RXX P5100 R3826 9174316 09 01162 2006 MAHMS8RXX P5100 R3827 9174146 09 01162 2006 MAHMS8RXX P5100 R3828 9174210 09 01162 2006 MAHMS8RXX P5100 R3829 9174495 09 02051 2006 MAHMS8RXX P5100 R3830 9174381 09 01346 2006 MAHMS8RXX P5100 R3831 9174377 09 02090 2006 MAHMS8RXX P5100 R3832 9174382 09 01860 2008 MAHMS8RXX P5100 R3833 9174151 09 01346 2006 MAHMS8RXX P5100 R3834 9174491 09 02051 2006 MAHMS8RXX P5100 R3835 9174966 09 01351 2006 MAHMS8RXX P5100 R3837 9174972 09 01346 2006 MAHMS8RXX P5100 R3838 9174927 09 06611 2006 MAHMS8RXX P5100 R3848 9174970 09 06620 Confidential 12/18/2014 Page 8 Year Model Model Description Asset Serial Number Shop Area 2006 MAHMS8RXX P5100 R4000 9174318 09 01860 2006 MAHMS8RXX P5100 R4001 9174324 09 01877 2006 MAHMS8RXX P5100 R4002 9174325 09 01860 2006 MAHMS8RXX P5100 R4003 9174214 09 01860 2006 MAHMS8RXX P5100 R4004 9174207 09 01314 2006 MAHMS8RXX P5100 R4005 9174212 09 01314 2006 MAHMS8RXX P5100 R4006 9174150 09 01314 2006 MAHMS8RXX P5100 R4007 9174149 09 01331 2006 MAHMS8RXX P5100 R4008 9074793 09 01860 2005 MAHMS8RXX P5100 R4009 9174870 09 01860 2006 MAHMS8RXX P5100 R4011 9174788 09 06620 2006 MAHMS8RXX P5100 R4012 9174871 09 01341 2006 MAHMS8RXX P5100 R4014 9174786 09 01860 2006 MAHMS8RXX P5100 R4015 9174791 09 01860 2005 MAHMS8RXX P5100 R4016 9174837 09 01860 2006 MAHMS8RXX P5100 R4017 9174873 09 01860 2006 MAHMS8RXX P5100 R4018 9174867 09 06620 2006 MAHMS8RXX P5100 R4020 9174787 09 01860 2006 MAHMS8RXX P5100 R4021 9174790 09 01868 2005 MAHMS8RXX P5100 R4022 9174789 09 01868 2006 MAHMS8RXX P5100 R4056 9174794 09 02067 2006 MAHMS8RXX P5100 R4057 9174836 09 01860 2006 MAHMS8RXX P5100 R4058 9174792 09 01860 2006 MAHMS8RXX P5100 R4059 9173626 09 01351 2006 MAHMS8RXX P5100 R4060 9173628 09 01351 2006 MAHMS8RXX P5100 R4061 9173908 09 01351 2006 MAHMS8RXX P5100 R4062 9173940 09 01860 2005 MAHMS8RXX P5100 R4063 9173634 09 01860 2006 MAHMS8RXX P5100 R4064 9173907 09 01860 2006 MAHMS8RXX P5100 R4065 9173635 09 01860 2006 MAHMS8RXX P5100 R4067 9174795 09 01862 2006 MAHMS8RXX P5100 R4068 9174868 09 01860 2006 MAHMS8RXX P5100 R4069 9174860 09 01860 2006 MAHMS8RXX P5100 R4070 9174839 09 01860 2006 MAHMS8RXX P5100 R4071 9174874 09 01860 2006 MAHMS8RXX P5100 R4080 9152355 09 01342 2008 MAHMS8RXX P5100 R4083 9152351 09 06611 2006 MAHMS8RXX P5100 R4087 9152731 09 01341 2006 MAHMS8RXX P5100 R4090 9152610 09 02082 2006 MAHMS8RXX P5100 R4092 9152616 09 06611 2006 MAHMS8RXX P5100 R4099 9152531 09 02053 2006 MAHMS8RXX P5100 R4100 9173633 09 01860 2006 MAHMS8RXX P5100 R4102 9173941 09 02090 2006 MAHMS8RXX P5100 R4103 9174621 09 01860 2006 MAHMS8RXX P5100 R4104 9174620 09 01860 2006 MAHMS8RXX P5100 R4106 9174583 09 02090 2006 MAHMS8RXX P5100 R4107 9174624 09 01860 2006 MAHMS8RXX P5100 R4108 9174576 09 01860 2006 MAHMS8RXX P5100 R4109 9174584 09 01860 2006 MAHMS8RXX P5100 R4110 9174622 09 01860 2006 MAHMS8RXX P5100 R4111 9174625 09 01860 2006 MAHMS8RXX P5100 R4112 9174623 09 01372 2006 MAHMS8RXX P5100 R4113 9174813 09 02090 2006 MAHMS8RXX P5100 R4114 9174875 09 02176 2006 MAHMS8RXX P5100 R4115 9174585 09 02090 2006 MAHMS8RXX P5100 R4116 9174581 09 01351 2006 MAHMS8RXX P5100 R4117 9174814 09 01351 2006 MAHMS8RXX P5100 R4118 9174815 09 01351 2006 MAHMS8RXX P5100 R4119 9174580 09 01351 2006 MAHMS8RXX P5100 R4120 9174619 09 06620 2006 MAHMS8RXX P5100 R4121 9174577 09 01341 2006 MAHMS8RXX P5100 R4124 9172206 09 01341 2006 MAHMS8RXX P5100 R4125 9172233 09 02090 Confidential 12/18/2014 Page 9 2006 MAHMS8RXX P5100 R4126 9172204 09 06620 2006 MAHMS8RXX P5100 R4127 9174582 09 02090 2006 MAHMS8RXX P5100 R4128 9174855 09 02090 2006 MAHMS8RXX P5100 R4130 9174578 09 02090 2006 MAHMS8RXX P5100 R4131 9174616 09 02090 2006 MAHMS8RXX P5100 R4133 9174618 09 02090 2006 MAHMS8RXX P5100 R4134 9174102 09 01162 2006 MAHMS8RXX P5100 R4135 9174046 09 01162 2006 MAHMS8RXX P5100 R4136 9174096 09 01162 2006 MAHMS8RXX P5100 R4137 9174097 09 01162 2006 MAHMS8RXX P5100 R4138 9174056 09 01162 2006 MAHMS8RXX P5100 R4139 9174057 09 01162 2006 MAHMS8RXX P5100 R4140 9174062 09 01162 2006 MAHMS8RXX P5100 R4141 9174059 09 01162 2006 MAHMS8RXX P5100 R4142 9174062 09 01162 2006 MAHMS8RXX P5100 R4143 9174098 09 01351 2006 MAHMS8RXX P5100 R4145 9174061 09 06531 2008 MAHMS8RXX P5100 R4146 9174062 09 01162 2006 MAHMS8RXX P5100 R4147 9174104 09 06531 2006 MAHMS8RXX P5100 R4148 9174050 09 01162 2006 MAHMS8RXX P5100 R4149 9174405 09 01162 2006 MAHMS8RXX P5100 R4150 9174225 09 02053 2006 MAHMS8RXX P5100 R4151 9174404 09 01162 2006 MAHMS8RXX P5100 R4168 9174007 09 06531 2006 MAHMS8RXX P5100 R4172 9173972 09 01371 2006 MAHMS8RXX P5100 R4173 9173739 09 01371 2006 MAHMS8RXX P5100 R4174 9173969 09 01371 2006 MAHMS8RXX P5100 R4177 9174777 09 01371 2006 MAHMS8RXX P5100 R4178 9174850 09 02051 2006 MAHMS8RXX P5100 R4179 9174782 09 01860 2006 MAHMS8RXX P5100 R4180 9174779 09 02051 2006 MAHMS8RXX P5100 R4181 9174785 09 06531 2006 MAHMS8RXX P5100 R4190 9174418 09 06531 2006 MAHMS8RXX P5100 R4200 9174770 09 01333 2006 MAHMS8RXX P5100 R4201 9174955 09 02082 2008 MAHMS8RXX P5100 R4211 9174099 09 02051 2008 MAHMS8RXX P5100 R4212 9174064 09 02051 2008 MAHMS8RXX P5100 R4213 9174468 09 02051 2006 MAHMS8RXX P5100 R4218 9174469 09 06531 2008 MAHMS8RXX P5100 R4219 9174145 09 02051 2006 MAHMS8RXX P5100 R4231 9174008 09 06531 2006 MAHMS8RXX P5100 R4237 9152593 09 02090 2006 MAHMS8RXX P5100 R4238 9152614 09 06611 2006 MAHMS8RXX P5100 R4242 9112373 09 01351 2006 MAHMS8RXX P5100 R4245 9174847 09 06620 2006 MAHMS8RXX P5100 R4246 9174848 09 01860 2006 MAHMS8RXX P5100 R4248 9175008 09 06620 2006 MAHMS8RXX P5100 R4250 9174846 09 02053 2006 MAHMS8RXX P5100 R4255 9174183 09 06611 2006 MAHMS8RXX P5100 R4256 9174268 09 06611 2006 MAHMS8RXX P5100 R4257 9174752 09 06611 2008 MAHMS8RXX P5100 R4258 9174854 09 06531 2008 MAHMS8RXX P5100 R4259 9174784 09 06620 2008 MAHMS8RXX P5100 R4260 9175014 09 06620 2008 MAHMS8RXX P5100 R4261 9174781 09 06620 2008 MAHMS8RXX P5100 R4262 9174853 09 06620 2006 MAHMS8RXX P5100 R4270 9174983 09 01351 2006 MAHMS8RXX P5100 R4271 9174950 09 01333 2008 MAHMS8RXX P5100 R4272 9175006 09 06620 2006 MAHMS8RXX P5100 R4276 9174980 09 01333 2006 MAHMS8RXX P5100 R4277 9174976 09 01334 2008 MAHMS8RXX P5100 R4278 9174947 09 01860 2008 MAHMS8RXX P5100 R4279 9174982 09 06620 Confidential 12/18/2014 Page 10 2008 MAHMS8RXX P5100 R4280 9175009 09 06620 2008 MAHMS8RXX P5100 R4281 9174978 09 06620 2008 MAHMS8RXX P5100 R4282 9174949 09 01162 2008 MAHMS8RXX P5100 R4283 9174977 09 06620 2008 MAHMS8RXX P5100 R4284 9174954 09 01331 2008 MAHMS8RXX P5100 R4285 9174984 09 01162 2008 MAHMS8RXX P5100 R4286 9174953 09 06620 2008 MAHMS8RXX P5100 R4287 9174952 09 06620 2008 MAHMS8RXX P5100 R4288 9174979 09 06620 2008 MAHMS8RXX P5100 R4289 9174985 09 01162 2006 MAHMS8RXX P5100 R4304 9174461 09 01341 2006 MAHMS8RXX P5100 R4305 9174271 09 06620 2008 MAHMS8RXX P5100 R4307 9174780 09 06620 2008 MAHMS8RXX P5100 R4308 9174783 09 06620 2008 MAHMS8RXX P5100 R4309 9174811 09 06620 2008 MAHMS8RXX P5100 R4310 9174812 09 06620 2008 MAHMS8RXX P5100 R4311 9174184 09 06620 2006 MAHMS8RXX P5100 R4312 9174458 09 06531 2006 MAHMS8RXX P5100 R4313 9174462 09 06531 2006 MAHMS8RXX P5100 R4314 9174273 09 06531 2006 MAHMS8RXX P5100 R4315 9174464 09 06531 2006 MAHMS8RXX P5100 R4317 9174182 09 06531 2006 MAHMS8RXX P5100 R4318 9174272 09 06531 2006 MAHMS8RXX P5100 R4319 9174185 09 06531 2006 MAHMS8RXX P5100 R4360 9152596 09 02090 2006 MAHMS8RXX P5100 R4361 9152615 09 06620 2006 MAHMS8RXX P5100 R4363 9174958 09 01372 2006 MAHMS8RXX P5100 R4365 9174755 09 01372 2006 MAHMS8RXX P5100 R4366 9175033 09 01372 2006 MAHMS8RXX P5100 R4367 9174769 09 01372 2006 MAHMS8RXX P5100 R4368 9174775 09 01372 2006 MAHMS8RXX P5100 R4369 9175035 09 01372 2006 MAHMS8RXX P5100 R4370 9174768 09 06620 2006 MAHMS8RXX P5100 R4371 9174753 09 06620 2006 MAHMS8RXX P5100 R4372 9174754 09 01372 2006 MAHMS8RXX P5100 R4373 9174956 09 01372 2006 MAHMS8RXX P5100 R4374 9174773 09 02051 2006 MAHMS8RXX P5100 R4375 9174767 09 01372 2006 MAHMS8RXX P5100 R4376 9175032 09 01372 2006 MAHMS8RXX P5100 R4377 9174957 09 06620 2006 MAHMS8RXX P5100 R4380 9174751 09 01860 2005 MAHMS8RXX P5100 R4421 9174762 09 01371 2006 MAHMS8RXX P5100 R4422 9175021 09 06531 2006 MAHMS8RXX P5100 R4424 9175023 09 02082 2006 MAHMS8RXX P5100 R4425 9175022 09 06531 2006 MAHMS8RXX P5100 R4426 9175024 09 06531 2006 MAHMS8RXX P5100 R4427 9174761 09 06531 2006 MAHMS8RXX P5100 R4428 9174765 09 06531 2006 MAHMS8RXX P5100 R4429 9174763 09 06531 2006 MAHMS8RXX P5100 R4432 9175017 09 06531 2006 MAHMS8RXX P5100 R4433 9175020 09 06531 2005 MAHMS8RXX P5100 R4434 9174961 09 06531 2006 MAHMS8RXX P5100 R4435 9175016 09 06531 2006 MAHMS8RXX P5100 R4447 9174432 09 06531 2006 MAHMS8RXX P5100 R4449 9175030 09 06531 2006 MAHMS8RXX P5100 R4453 9174291 09 06531 2006 MAHMS8RXX P5100 R4454 9174290 09 01345 2006 MAHMS8RXX P5100 R4455 9174434 09 06531 2006 MAHMS8RXX P5100 R4456 9174426 09 06531 2006 MAHMS8RXX P5100 R4457 9175027 09 06531 2006 MAHMS8RXX P5100 R4458 9174294 09 06620 2006 MAHMS8RXX P5100 R4459 9174433 09 02051 2006 MAHMS8RXX P5100 R4460 9174429 09 06531 Confidential 12/18/2014 Page 11 2006 MAHMS8RXX P5100 R4461 9174430 09 06531 2006 MAHMS8RXX P5100 R4462 9175028 09 06531 2006 MAHMS8RXX P5100 R4463 9174289 09 06531 2006 MAHMS8RXX P5100 R4464 9174110 09 01804 2006 MAHMS8RXX P5100 R4450 9174295 02051 2008 MAHMS8RXX P5100 R4497 9174143 09 06620 2008 MAHMS8RXX P5100 R4153 9174420 09 06620 2008 MAHMS8RXX P5100 R4154 9174401 09 06620 2008 MAHMS8RXX P5100 R4155 9174221 09 06620 2008 MAHMS8RXX P5100 R4156 9174397 09 06620 2008 MAHMS8RXX P5100 R4157 9174216 09 06620 2008 MAHMS8RXX P5100 R4158 9174224 09 06620 2008 MAHMS8RXX P5100 R4159 9174178 09 06620 2008 MAHMS8RXX P5100 R4160 9174403 09 06620 2008 MAHMS8RXX P5100 R4161 9174179 09 06620 2008 MAHMS8RXX P5100 R4164 9174231 09 06620 2008 MAHMS8RXX P5100 R4165 9174219 09 06620 2008 MAHMS8RXX P5100 R4166 9174398 09 06620 2008 MAHMS8RXX P5100 R4170 9173973 09 06620 2008 MAHMS8RXX P5100 R4171 9173967 09 06620 2008 MAHMS8RXX P5100 R4184 9174142 09 06620 2008 MAHMS8RXX P5100 R4186 9174139 09 06620 2008 MAHMS8RXX P5100 R4187 9174467 09 06620 2008 MAHMS8RXX P5100 R4188 9174416 09 06620 2008 MAHMS8RXX P5100 R4192 9174419 09 06620 2008 MAHMS8RXX P5100 R4193 9174420 09 06620 2008 MAHMS8RXX P5100 R4195 9174144 09 06620 2008 MAHMS8RXX P5100 R4198 9174138 09 06620 2008 MAHMS8RXX P5100 R4199 9174424 09 06620 2008 MAHMS8RXX P5100 R4204 9174177 09 06620 2008 MAHMS8RXX P5100 R4205 9174399 09 06620 2008 MAHMS8RXX P5100 R4206 9174217 09 06620 2008 MAHMS8RXX P5100 R4207 9174180 09 06620 2008 MAHMS8RXX P5100 R4209 9174399 09 06620 2008 MAHMS8RXX P5100 R4216 9174103 09 06620 2006 MAHMS8RXX P5100 R3950 9072796 09 06611 2008 MAHMS8RXX P5100 R3846 9174926 09 06620 2008 MAHMS8RXX P5100 R3855 9174933 09 06620 2008 MAHMS8RXX P5100 R3856 9174747 09 06620 2008 MAHMS8RXX P5100 R3857 9174749 09 06620 2008 MAHMS8RXX P5100 R3858 9174928 09 06620 2008 MAHMS8RXX P5100 R3782 9173658 09 06620 2012 MAEVS7HXX P7350 R5145 A40121006A60 09 01162 2012 MAEVS7HXX P7350 R5146 A40121006A5F 09 01162 2012 MAEVS7HXX P7350 R5147 A40121006A5D 09 01162 2012 MAEVS7HXX P7350 R5148 A40121006872 09 01162 2012 MAEVS7HXX P7350 R5149 A40121006A5C 09 01162 2012 MAEVS7HXX P7350 R5150 A40121006811 09 01162 2012 MAEVS7HXX P7350 R5153 A40121006B6E 09 01162 2012 MAEVS7HXX P7350 R5154 A40121006817 09 01162 2012 MAEVS7HXX P7350 R5155 A40121006B18 09 01162 2012 MAEVS7HXX P7350 R5156 A40121006814 09 01162 2012 MAEVS7HXX P7350 R5157 A40121006812 09 01162 2012 MAEVS7HXX P7350 R5158 A40121006813 09 01162 2012 MAEVS7HXX P7350 R5159 A40121006815 09 01162 2012 MAEVS7HXX P7350 R5160 A40121006B6C 09 01162 2012 MAEVS7HXX P7350 R5161 A40121006B6F 09 01162 2012 MAEVS7HXX P7350 R5162 A40121006816 09 01162 2012 MAEVS7HXX P7350 R5163 A40121006819 09 01162 2012 MAEVS7HXX P7350 R5164 A40121006873 09 01162 2012 MAEVS7HXX P7350 R5165 A40121006B6A 09 01162 2012 MAEVS7HXX P7350 R5166 A40121006871 09 01162 2012 MAEVS7HXX P7350 R5167 A40121006870 09 01162 Confidential 12/18/2014 Page 12 Year Model Model Description Asset Serial Number Shop Area 2012 MAEVS7HXX P7350 R5168 A40121006B6D 09 01162 2012 MAEVS7HXX P7350 R5169 A40121006B6B 09 01162 2012 MAEVS7HXX P7350 R5170 A40121006AB2 09 01162 2012 MAEVS7HXX P7350 R5171 A40121006AB3 09 01162 2012 MAEVS7HXX P7350 R5172 A40121006AAD 09 01162 2012 MAEVS7HXX P7350 R5173 A40121006AB0 09 01162 2012 MAEVS7HXX P7350 R5174 A40121006AAC 09 01162 2012 MAEVS7HXX P7350 R5175 A40121006AD6 09 01162 2012 MAEVS7HXX P7350 R5176 A40121006AB4 09 01162 2012 MAEVS7HXX P7350 R5177 A40121006AAF 09 01162 2012 MAEVS7HXX P7350 R5178 A40121006AB5 09 01162 2012 MAEVS7HXX P7350 R5179 A40121006AD8 09 01162 2012 MAEVS7HXX P7350 R5180 A40121006AD7 09 01162 2012 MAEVS7HXX P7350 R5181 A40121006ADB 09 01162 2012 MAEVS7HXX P7350 R5182 A40121006ADC 09 01162 2012 MAEVS7HXX P7350 R5183 A40121006AD4 09 01162 2012 MAEVS7HXX P7350 R5184 A40121006AD5 09 01162 2012 MAEVS7HXX P7350 R5185 A40121006ABF 09 01162 2012 MAEVS7HXX P7350 R5186 A40121006AAE 09 01162 2012 MAEVS7HXX P7350 R5187 A40121006ADD 09 01162 2012 MAEVS7HXX P7350 R5188 A40121006ADA 09 01162 2012 MAEVS7HXX P7350 R5189 A40121006AB1 09 01162 2012 MAEVS7HXX P7350 R5190 A40121006ABD 09 01162 2012 MAEVS7HXX P7350 R5191 A40121006ABB 09 01162 2012 MAEVS7HXX P7350 R5192 A40121006ABE 09 01162 2012 MAEVS7HXX P7350 R5193 A40121006ABC 09 01162 2012 MAEVS7HXX P7350 R5194 A40121006AD9 09 01162 2012 MAEVS7HXX P7350 R5195 A40121006B0F 09 01162 2012 MAEVS7HXX P7350 R5196 A40121006A48 09 01162 2012 MAEVS7HXX P7350 R5197 A40121006B0A 09 01162 2012 MAEVS7HXX P7350 R5198 A40121006AD0 09 01162 2012 MAEVS7HXX P7350 R5199 A40121006B09 09 01162 2012 MAEVS7HXX P7350 R5200 A40121006ACB 09 01162 2012 MAEVS7HXX P7350 R5201 A40121006ACC 09 01162 2012 MAEVS7HXX P7350 R5202 A40121006AD2 09 01162 2012 MAEVS7HXX P7350 R5203 A40121006C82 09 01162 2012 MAEVS7HXX P7350 R5204 A40121006A49 09 01162 2012 MAEVS7HXX P7350 R5205 A40121006B08 09 01162 2012 MAEVS7HXX P7350 R5206 A40121006B07 09 01162 2012 MAEVS7HXX P7350 R5207 A40121006B06 09 01162 2012 MAEVS7HXX P7350 R5208 A40121006CAA 09 01162 2012 MAEVS7HXX P7350 R5209 A40121006CAB 09 01162 2012 MAEVS7HXX P7350 R5210 A40121006CAD 09 01162 2012 MAEVS7HXX P7350 R5211 A40121006BB4 09 01162 2012 MAEVS7HXX P7350 R5212 A40121006BB6 09 01162 2012 MAEVS7HXX P7350 R5213 A40121006CAE 09 01162 2012 MAEVS7HXX P7350 R5214 A40121006BB3 09 01162 2012 MAEVS7HXX P7350 R5215 A40121006CAC 09 01162 2012 MAEVS7HXX P7350 R5216 A40121006BB0 09 01162 2012 MAEVS7HXX P7350 R5217 A40121006BB2 09 01162 2012 MAEVS7HXX P7350 R5218 A40121006C87 09 01162 2012 MAEVS7HXX P7350 R5219 A40121006C8A 09 01162 2012 MAEVS7HXX P7350 R5220 A40121006BB1 09 01162 2012 MAEVS7HXX P7350 R5221 A40121006C8B 09 01162 2012 MAEVS7HXX P7350 R5222 A40121006CB3 09 01162 2012 MAEVS7HXX P7350 R5223 A40121006CB0 09 01162 2012 MAEVS7HXX P7350 R5224 A40121006C88 09 01162 2012 MAEVS7HXX P7350 R5225 A40121006C89 09 01162 2012 MAEVS7HXX P7350 R5226 A40121006CAF 09 01162 2012 MAEVS7HXX P7350 R5227 A40121006BB9 09 01162 2012 MAEVS7HXX P7350 R5228 A40121006BB7 09 01162 2012 MAEVS7HXX P7350 R5229 A40121006CB1 09 01162 2012 MAEVS7HXX P7350 R5230 A40121006CB2 09 01162 Confidential 12/18/2014 Page 13 2012 MAEVS7HXX P7350 R5231 A40121006BB8 09 01162 2012 MAEVS7HXX P7350 R5232 A40121006BB5 09 01162 2012 MAEVS7HXX P7350 R5233 A40121006A76 09 01162 2012 MAEVS7HXX P7350 R5234 A40121006A79 09 01162 2012 MAEVS7HXX P7350 R5235 A40121006924 09 01162 2012 MAEVS7HXX P7350 R5236 A40121006A3A 09 01162 2012 MAEVS7HXX P7350 R5237 A40121006920 09 01162 2012 MAEVS7HXX P7350 R5238 A40121006A70 09 01162 2012 MAEVS7HXX P7350 R5239 A40121006A77 09 01162 2012 MAEVS7HXX P7350 R5240 A401210064478 09 01162 2012 MAEVS7HXX P7350 R5241 A401210064475 09 01162 2012 MAEVS7HXX P7350 R5242 A40121006A39 09 01162 2012 MAEVS7HXX P7350 R5243 A40121006A72 09 01162 2012 MAEVS7HXX P7350 R5244 A40121006A74 09 01162 2012 MAEVS7HXX P7350 R5245 A40121006921 09 01162 2012 MAEVS7HXX P7350 R5246 A40121006A71 09 01162 2012 MAEVS7HXX P7350 R5247 A40121006A73 09 01162 2012 MAEVS7HXX P7350 R5248 A4012100691C 09 01162 2012 MAEVS7HXX P7350 R5249 A40121006923 09 01162 2012 MAEVS7HXX P7350 R5250 A4012100691E 09 01162 2012 MAEVS7HXX P7350 R5251 A40121006925 09 01162 2012 MAEVS7HXX P7350 R5252 A40121006922 09 01162 2012 MAEVS7HXX P7350 R5253 A4012100691D 09 01162 2012 MAEVS7HXX P7350 R5254 A40121006A3D 09 01162 2012 MAEVS7HXX P7350 R5255 A40121006A3B 09 01162 2012 MAEVS7HXX P7350 R5256 A4012100691F 09 01162 2012 MAEVS7HXX P7350 R5257 A40121006A3C 09 01162 2012 MAEVS7HXX P7350 R5258 A40121006B4C 09 01162 2012 MAEVS7HXX P7350 R5259 A40121006B57 09 01162 2012 MAEVS7HXX P7350 R5260 A40121006B51 09 01162 2012 MAEVS7HXX P7350 R5261 A40121006AE0 09 01162 2012 MAEVS7HXX P7350 R5262 A40121006B50 09 01162 2012 MAEVS7HXX P7350 R5263 A40121006B53 09 01162 2012 MAEVS7HXX P7350 R5264 A40121006B55 09 01162 2012 MAEVS7HXX P7350 R5265 A40121006B4E 09 01162 2012 MAEVS7HXX P7350 R5266 A40121006B52 09 01162 2012 MAEVS7HXX P7350 R5267 A40121006B5C 09 01162 2012 MAEVS7HXX P7350 R5268 A40121006B59 09 01162 2012 MAEVS7HXX P7350 R5269 A40121006B4D 09 01162 2012 MAEVS7HXX P7350 R5270 A40121006B56 09 01162 2012 MAEVS7HXX P7350 R5271 A40121006B5A 09 01162 2012 MAEVS7HXX P7350 R5272 A40121006B5B 09 01162 2012 MAEVS7HXX P7350 R5273 A40121006B58 09 01162 2012 MAEVS7HXX P7350 R5274 A40121006B5D 09 01162 2012 MAEVS7HXX P7350 R5275 A40121006B5F 09 01162 2012 MAEVS7HXX P7350 R5276 A40121006B5E 09 01162 2012 MAEVS7HXX P7350 R5277 A40121006ADF 09 01162 2012 MAEVS7HXX P7350 R5278 A40121006ADE 09 01162 2012 MAEVS7HXX P7350 R5280 A40121006B4F 09 01162 2012 MAEVS7HXX P7350 R5281 A40121006AE1 09 01162 2012 MAEVS7HXX P7350 R5282 A40121006AE2 09 01162 2012 MAEVS7HXX P7350 R5283 A40121006A84 09 01162 2012 MAEVS7HXX P7350 R5284 A40121006A89 09 01162 2012 MAEVS7HXX P7350 R5285 A40121006A88 09 01162 2012 MAEVS7HXX P7350 R5286 A40121006A87 09 01162 2012 MAEVS7HXX P7350 R5287 A40121006B41 09 01162 2012 MAEVS7HXX P7350 R5288 A40121006AA9 09 01162 2012 MAEVS7HXX P7350 R5289 A40121006A8A 09 01162 2012 MAEVS7HXX P7350 R5290 A40121006AD3 09 01162 2012 MAEVS7HXX P7350 R5291 A40121006B3E 09 01162 2012 MAEVS7HXX P7350 R5292 A40121006AE7 09 01162 2012 MAEVS7HXX P7350 R5293 A40121006B3C 09 01162 2012 MAEVS7HXX P7350 R5294 A40121006A8D 09 01162 Confidential 12/18/2014 Page 14 2012 MAEVS7HXX P7350 R5295 A40121006A85 2012 MAEVS7HXX P7350 R5296 A40121006B40 2012 MAEVS7HXX P7350 R5297 A40121006AE6 2012 MAEVS7HXX P7350 R5298 A40121006B3A 2012 MAEVS7HXX P7350 R5299 A401210064E5 2012 MAEVS7HXX P7350 R5300 A40121006B38 2012 MAEVS7HXX P7350 R5301 A40121006A8B 2012 MAEVS7HXX P7350 R5302 A40121006B3B 2012 MAEVS7HXX P7350 R5303 A40121006AE4 2012 MAEVS7HXX P7350 R5304 A40121006C49 2012 MAEVS7HXX P7350 R5305 A40121006AE3 2012 MAEVS7HXX P7350 R5306 A40121006A86 2012 MAEVS7HXX P7350 R5307 A40121006B39 2012 MAEVS7HXX P7350 R5308 A40121006A9B 2012 MAEVS7HXX P7350 R5309 A40121006A98 2012 MAEVS7HXX P7350 R5310 A40121006A97 2012 MAEVS7HXX P7350 R5311 A40121006A9C 2012 MAEVS7HXX P7350 R5312 A40121006A8F 2012 MAEV37HXX P7350 R5313 A40121006A9A 2012 MAEVS7HXX P7350 R5314 A40121006A51 2012 MAEVS7HXX P7350 R5315 A40121006A93 2012 MAEVS7HXX P7350 R5316 A40121006A4F 2012 MAEVS7HXX P7350 R5317 A40121006A4D 2012 MAEVS7HXX P7350 R5318 A40121006A92 2012 MAEVS7HXX P7350 R5319 A40121006A95 2012 MAEVS7HXX P7350 R5320 A40121006A90 2012 MAEVS7HXX P7350 R5321 A40121006A91 2012 MAEVS7HXX P7350 R5322 A40121006A94 2012 MAEVS7HXX P7350 R5323 A401210064499 2012 MAEVS7HXX P7350 R5324 A40121006A13 2012 MAEVS7HXX P7350 R5325 A40121006Al2 2012 MAEVS7HXX P7350 R5326 A40121006A8E 2012 MAEVS7HXX P7350 R5327 A40121006A96 2012 MAEVS7HXX P7350 R5328 A40121006AA1 2012 MAEVS7HXX P7350 R5329 A40121006A9F 2012 MAEVS7HXX P7350 R5330 A40121006AA0 2012 MAEVS7HXX P7350 R5331 A40121006A9D 2012 MAEVS7HXX P7350 R5332 A40121006A9E 2012 MAEVS7HXX P7350 R5333 A40121006CD9 2012 MAEVS7HXX P7350 R5334 A40121006CD6 2012 MAEVS7HXX P7350 R5335 A40121006CD8 2012 MAEVS7HXX P7350 R5336 A40121006CDA 2012 MAEVS7HXX P7350 R5337 A4012106CD5 2012 MAEVS7HXX P7350 R5338 A40121006CD4 2012 MAEVS7HXX P7350 R5339 A40121006CD7 2012 MAEVS7HXX P7350 R5340 A40121006CD8 2012 MAEVS7HXX P7350 R5341 A40121006C86 2012 MAEVS7HXX P7350 R5342 A40121006C4F 2012 MAEVS7HXX P7350 R5343 A40121006C4E 2012 MAEVS7HXX P7350 R5344 A40121006C84 2012 MAEVS7HXX P7350 R5345 A40121006B0B 2012 MAEVS7HXX P7350 R5346 A40121006C83 2012 MAEVS7HXX P7350 R5347 A40121006B3D 2012 MAEVS7HXX P7350 R5348 A40121006C4C 2012 MAEVS7HXX P7350 R5349 A40121006C4D 2012 MAEVS7HXX P7350 R5350 A40121006C4A 2012 MAEVS7HXX P7350 R5351 A40121006CD3 2012 MAEVS7HXX P7350 R5352 A40121006CD2 2012 MAEVS7HXX P7350 R5353 A40121006C4B 2012 MAEVS7HXX P7350 R5354 A40121006C48 2012 MAEVS7HXX P7350 R5355 A40121006C85 2012 MAEVS7HXX P7350 R5356 A40121006C46 2012 MAEVS7HXX P7350 R5357 A40121006C47 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 Confidential 12/18/2014 Page 15 2012 MAEVS7HXX P7350 R5358 2012 MAEVS7HXX P7350 R5359 2012 MAEVS7HXX P7350 R5360 2012 MAEVS7HXX P7350 R5361 2012 MAEVS7HXX P7350 R5362 2012 MAEVS7HXX P7350 R5363 2012 MAEVS7HXX P7350 R5364 2012 MAEVS7HXX P7350 R5365 2012 MAEVS7HXX P7350 R5366 2012 MAEVS7HXX P7350 R5367 2012 MAEVS7HXX P7350 R5368 2012 MAEVS7HXX P7350 R5369 2012 MAEVS7HXX P7350 R5370 2012 MAEVS7HXX P7350 R5371 2012 MAEVS7HXX P7350 R5372 2012 MAEVS7HXX P7350 R5373 2012 MAEVS7HXX P7350 R5374 2012 MAEV37HXX P7350 R5375 2012 MAEVS7HXX P7350 R5376 2012 MAEVS7HXX P7350 R5377 2012 MAEVS7HXX P7350 R5378 2012 MAEVS7HXX P7350 R5379 2012 MAEVS7HXX P7350 R5380 2012 MAEVS7HXX P7350 R5381 2012 MAEVS7HXX P7350 R5382 2012 MAEVS7HXX P7350 R5383 2012 MAEVS7HXX P7350 R5384 2012 MAEVS7HXX P7350 R5385 2012 MAEVS7HXX P7350 R5386 2012 MAEVS7HXX P7350 R5387 2012 MAEVS7HXX P7350 R5388 2012 MAEVS7HXX P7350 R5389 2012 MAEVS7HXX P7350 R5390 2012 MAEVS7HXX P7350 R5391 2012 MAEVS7HXX P7350 R5392 2012 MAEVS7HXX P7350 R5393 2012 MAEVS7HXX P7350 R5394 2012 MAEVS7HXX P7350 R5395 2012 MAEVS7HXX P7350 R5396 2012 MAEVS7HXX P7350 R5397 2012 MAEVS7HXX P7350 R5398 2012 MAEVS7HXX P7350 R5399 2012 MAEVS7HXX P7350 R5400 2012 MAEVS7HXX P7350 R5401 2012 MAEVS7HXX P7350 R5402 2012 MAEVS7HXX P7350 R5403 2012 MAEVS7HXX P7350 R5404 2012 MAEVS7HXX P7350 R5405 2012 MAEVS7HXX P7350 R5406 2012 MAEVS7HXX P7350 R5407 2012 MAEVS7HXX P7350 R5408 2012 MAEVS7HXX P7350 R5409 2012 MAEVS7HXX P7350 R5410 2012 MAEVS7HXX P7350 R5411 2012 MAEVS7HXX P7350 R5412 2012 MAEVS7HXX P7350 R5413 2012 MAEVS7HXX P7350 R5414 2012 MAEVS7HXX P7350 R5415 2012 MAEVS7HXX P7350 R5416 2012 MAEVS7HXX P7350 R5417 2012 MAEVS7HXX P7350 R5418 2012 MAEVS7HXX P7350 R5419 2012 MAEVS7HXX P7350 R5420 A40121006AF1 A40121006AEA A40121006AF0 A40121006AE9 A40121006AEE A40121006459 A40121006AED A40121006AEC A40121006A52 A40121006456 A40121006457 A40121006A5A A40121006AEF A40121006AE8 A40121006A5B A40121006A63 A40121006A53 A40121006A58 A40121006AEB A40121006455 A40121006465 A40121006A61 A40121006A54 A40121006A64 A40121006A62 A40121006868 A4012100686D A40121006870 A4012100686F A4012100697F A40121006A0E A40121006A0D A40121006869 A40121006977 A4012100686E A4012100697D A4012100697B A40121006979 A40121006978 A40121006871 A4012100697A A4012100697E A40121006A0C A4012100697C A4012100686A A40121006A0F A4012100686C A4012100686B A40121006A10 A40121006976 A40121006AA6 A40121006B2F A40121006B32 A40121006AA7 A40121006411 A40121006B35 A40121006B2E A40121006B33 A40121006AAB A40121006AB7 A40121006B37 A40121006AA3 A40121006B31 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 09 01162 Confidential 12/18/2014 Page 16 2012 MAEVS7HXX P7350 R5421 A40121006B36 09 01162 2012 MAEVS7HXX P7350 R5422 A40121006AA4 09 01162 2012 MAEVS7HXX P7350 R5423 A40121006AA5 09 01162 2012 MAEVS7HXX P7350 R5424 A40121006B30 09 01162 2012 MAEVS7HXX P7350 R5425 A40121006B34 09 01162 2012 MAEVS7HXX P7350 R5426 A40121006AA2 09 01162 2012 MAEVS7HXX P7350 R5427 A40121006AAA 09 01162 2012 MAEVS7HXX P7350 R5428 A40121006AB8 09 01162 2012 MAEVS7HXX P7350 R5429 A40121006B3F 09 01162 2012 MAEVS7HXX P7350 R5430 A40121006A8C 09 01162 2012 MAEVS7HXX P7350 R5431 A40121006ABA 09 01162 2012 MAEVS7HXX P7350 R5432 A40121006AA8 09 01162 2012 MAEVS7HXX P7350 R5433 A40121006ACF 09 01162 2012 MAEVS7HXX P7350 R5434 A40121006AD1 09 01162 2012 MAEVS7HXX P7350 R5435 A40121006AB9 09 01162 2012 MAEVS7HXX P7350 R5436 A40121006B0C 09 01162 2012 MAEVS7HXX P7350 R5437 A40121006B0D 09 01162 2012 MAEVS7HXX P7350 R5438 A40121006B0E 09 01162 2012 MAEVS7HXX P7350 R5439 A40121006A4A 09 01162 2012 MAEVS7HXX P7350 R5440 A40121006A4B 09 01162 2012 MAEVS7HXX P7350 R5441 A40121006A4C 09 01162 2012 MAEVS7HXX P7350 R5442 A40121006ACA 09 01162 2012 MAEVS7HXX P7350 R5443 A40121006ACD 09 01162 2012 MAEVS7HXX P7350 R5444 A40121006ACE 09 01162 Portables Total: 978 2003 HB8MPXE M7100 R3335 9798982 09 06620 2003 HB8MPXE M7100 R3348 9799749 09 01162 2003 HB8MPXE M7100 R3352 9799737 09 06620 2003 HB8MPXE M7100 R3354 9799637 09 06620 2003 HB8MPXE M7100 R3358 9799715 09 06620 2003 HB8MPXE M7100 R3363 9798770 09 06620 2003 HB8MPXE M7100 R3364 9799831 09 06620 2003 HB8MPXE M7100 R3369 9800192 09 06620 2003 HB8MPXE M7100 R3372 9798969 09 01162 2003 HB8MPXE M7100 R3374 979797 09 01162 2003 D28MPX M7100 R3228 17993099 09 06620 2003 D28MPX M7100 R3229 17993094 09 06620 2003 D28MPX M7100 R3231 17993095 09 06620 2003 D28MPX M7100 R3232 17993098 09 06620 2003 D28MPX M7100 R3272 17993090 09 06620 2003 D28MPX M7100 R3274 17993093 09 06620 2003 D28MPX M7100 R3281 23504571 09 06620 2003 D28MPX M7100 R3282 23504575 09 06620 2003 D28MPX M7100 R3288 23504578 09 06620 2003 D28MPX M7100 R3290 23504765 09 06620 2003 D28MPX M7100 R3293 23504758 09 06620 2003 D28MPX M7100 R3295 23504772 09 01162 2003 D28MPX M7100 R3302 23504771 09 06620 2003 D28MPX M7100 R3307 23504781 09 01162 2003 D28MPX M7100 R3309 23504759 09 06620 2003 D28MPX M7100 R3313 23504761 09 06620 2003 D28MPX M7100 R3320 23504830 09 06620 2003 D28MPX M7100 R3321 23504829 09 06620 2003 D28MPX M7100 R3322 23504828 09 06620 2004 D28MPX M7100 R3462 23505076 09 06620 2004 D28MPX M7100 R3464 23505078 09 06620 2004 D28MPX M7100 R3470 23505084 09 06620 2004 D28MPX M7100 R3472 23505086 09 06620 2004 D28MPX M7100 R3475 23505089 09 06620 2004 D28MPX M7100 R3476 23505090 09 06620 2004 D28MPX M7100 R3481 23505095 09 06620 Confidential 12/18/2014 Page 17 2004 D28MPX M7100 R3482 23505096 09 06620 2004 D28MPX M7100 R3484 23505098 09 01162 2005 D28MPX M7100 R3537 23505293 09 06620 2005 D28MPX M7100 R3538 23505294 09 06620 2005 D28MPX M7100 R3540 23505296 09 06620 2005 D28MPX M7100 R3542 23505298 09 06620 2005 D28MPX M7100 R3543 23505299 09 06620 2005 D28MPX M7100 R3545 23505301 09 06620 2005 D28MPX M7100 R3546 23505302 09 06620 2005 D28MPX M7100 R3547 23505303 09 06620 2005 D28MPX M7100 R3548 23505304 09 01162 2005 D28MPX M7100 R3549 23505305 09 02087 2005 D28MPX M7100 R3550 23505306 09 06620 2005 D28MPX M7100 R3551 23503603 09 01162 2005 D28MPX M7100 R3553 23505326 09 06620 2005 D28MPX M7100 R3557 23505330 09 06620 2005 D28MPX M7100 R3559 23505332 09 06620 2005 D28MPX M7100 R3564 23505337 09 06620 2005 D28MPX M7100 R3569 23505342 09 01162 2005 D28MPX M7100 R3572 23505345 09 06620 2005 D28MPX M7100 R3576 23505349 09 06620 2005 D28MPX M7100 R3579 23505354 09 01162 2005 MAHGS8MXX M7100 R3583 9038249 09 01162 2005 MAHGS8MXX M7100 R3584 9038250 09 01162 2005 MAHGS8MXX M7100 R3585 9038246 09 01162 2006 MAHGS8MXX M7100 R3615 9040710 09 01162 2006 MAHGS8MXX M7100 R3616 9042161 09 01162 2006 MAHGS8MXX M7100 R3617 9042162 09 01162 2006 MAHGS8MXX M7100 R3618 9042163 09 01162 2006 MAHGS8MXX M7100 R3619 9042164 09 01162 2006 MAHGS8MXX M7100 R3620 9042165 09 01162 2006 MAHGS8MXX M7100 R3621 9042262 09 01162 2006 MAHGS8MXX M7100 R3622 9042264 09 01162 2006 MAHGS8MXX M7100 R3623 9042339 09 01162 2006 MAHGS8MXX M7100 R3624 9042337 09 01162 2006 MAHGS8MXX M7100 R3625 9042252 09 01162 2006 MAHGS8MXX M7100 R3626 9042340 09 01162 2006 MAHGS8MXX M7100 R3627 9042263 09 01162 2006 MAHGS8MXX M7100 R3630 9042254 09 01162 2006 MAHGS8MXX M7100 R3631 9042265 09 01162 2006 MAHGS8MXX M7100 R3632 9042338 09 01162 2006 MAHGS8MXX M7100 R3633 9042336 09 01162 2006 MAHGS8MXX M7100 R3634 9042253 09 01162 2006 MAHGS8MXX M7100 R3635 9042281 09 01162 2007 MAHGS8MXX M7100 R3689 9075393 09 01162 2007 MAHGS8MXX M7100 R3692 9075396 09 01162 2007 MAHGS8MXX M7100 R3693 9075397 09 01162 2007 MAHGS8MXX M7100 R3695 9075464 09 01162 2007 MAHGS8MXX M7100 R3696 9075465 09 01162 2007 MAHGS8MXX M7100 R3698 9075467 09 01162 2007 MAHGS8MXX M7100 R3699 9075473 09 01162 2007 MAHGS8MXX M7100 R3700 9075474 09 01162 2007 MAHGS8MXX M7100 R3701 9075475 09 01162 2007 MAHGS8MXX M7100 R3702 9075476 09 01162 2007 MAHGS8MXX M7100 R3703 9075477 09 01162 2007 MAHGS8MXX M7100 R3704 9075673 09 01162 2007 MAHGS8MXX M7100 R3705 9075674 09 01162 2007 MAHGS8MXX M7100 R3707 9075676 09 01162 2007 MAHGS8MXX M7100 R3708 9075677 09 01162 2007 MAHGS8MXX M7100 R3710 9075719 09 01162 2007 MAHGS8MXX M7100 R3711 9075720 09 01162 2007 MAHGS8MXX M7100 R3712 9075721 09 01162 2007 MAHGS8MXX M7100 R3713 9075722 09 02083 Confidential 12/18/2014 Page 18 2007 MAHGS8MXX M7100 R3717 9075816 09 01162 2007 MAHGS8MXX M7100 R3719 9075868 09 06620 2007 MAHGS8MXX M7100 R3721 9075870 09 01162 2007 MAHGS8MXX M7100 R3722 9075871 09 01162 2007 MAHGS8MXX M7100 R3725 9134253 09 01162 2008 MAHGS8MXX M7100 R3732 9073341 09 02084 2008 MAHGS8MXX M7100 R3734 9073310 09 06620 2008 MAHGS8MXX M7100 R3735 9073573 09 02043 2008 MAHGS8MXX M7100 R3736 9072577 09 02082 2008 MAHGS8MXX M7100 R3737 9071823 09 02083 2008 MAHGS8MXX M7100 R3739 9043934 09 01162 2008 MAHGS8MXX M7100 R3743 9073767 09 02082 2008 MAHGS8MXX M7100 R3744 9073577 09 02083 2008 MAHGS8MXX M7100 R3745 9043935 09 02087 2008 MAHGS8MXX M7100 R3746 9073311 09 02082 2008 MAHGS8MXX M7100 R3747 9073574 09 02041 2008 MAHGS8MXX M7100 R3748 9044031 09 02083 2008 MAHGS8MXX M7100 R3749 9043236 09 01162 2008 MAHGS8MXX M7100 R3750 9043933 09 02041 2008 MAHGS8MXX M7100 R3751 9043931 09 02082 2008 MAHGS8MXX M7100 R3752 9072573 09 02082 2008 MAHGS8MXX M7100 R3754 9043968 09 06620 2008 MAHGS8MXX M7100 R3755 9044069 09 02043 2008 MAHGS8MXX M7100 R3756 9073585 09 02082 2008 MAHGS8MXX M7100 R3758 9044068 09 02082 2008 MAHGS8MXX M7100 R3759 9043819 09 02082 2008 MAHGS8MXX M7100 R3760 9043853 09 02082 2006 MAHGS8MXX M7100 R3867 9043972 09 01162 2005 MAHGS8MXX M7100 R3868 9043041 09 02082 2005 MAHGS8MXX M7100 R3869 9044006 09 02084 2006 MAHGS8MXX M7100 R3870 9043043 09 02082 2006 MAHGS8MXX M7100 R3871 9043184 09 01162 2006 MAHGS8MXX M7100 R3872 9043180 09 02082 2006 MAHGS8MXX M7100 R3874 9071827 09 02084 2008 MAHGS8MXX M7100 R3876 9072761 09 01162 2006 MAHGS8MXX M7100 R3879 9073168 09 02084 2006 MAHGS8MXX M7100 R3880 9071826 09 02087 2006 MAHGS8MXX M7100 R3881 9072795 09 01860 2006 MAHGS8MXX M7100 R3882 9073032 09 06620 2008 MAHGS8MXX M7100 R3883 9073005 09 01162 2006 MAHGS8MXX M7100 R3886 9073172 09 02087 2006 MAHGS8MXX M7100 R3888 9073226 09 01162 2006 MAHGS8MXX M7100 R3889 9073224 09 01162 2006 MAHGS8MXX M7100 R3890 9073309 09 01162 2006 MAHGS8MXX M7100 R3891 9072755 09 01162 2008 MAHGS8MXX M7100 R3893 9073801 09 01162 2005 MAHGS8MXX M7100 R3897 9044067 09 02082 2006 MAHGS8MXX M7100 R3898 9043238 09 02082 2005 MAHGS8MXX M7100 R3899 9043970 09 01162 2006 MAHGS8MXX M7100 R3900 9044070 09 06620 2006 MAHGS8MXX M7100 R3901 9042148 09 02042 2005 MAHGS8MXX M7100 R3902 9042147 09 01162 2006 MAHGS8MXX M7100 R3903 9043969 09 02082 2006 MAHGS8MXX M7100 R3904 9043966 09 02082 2006 MAHGS8MXX M7100 R3905 9043851 09 02083 2006 MAHGS8MXX M7100 R3906 9043852 09 01162 2006 MAHGS8MXX M7100 R3909 9073072 09 01162 2006 MAHGS8MXX M7100 R3910 9042146 09 02041 2006 MAHGS8MXX M7100 R3911 9042149 09 02041 2006 MAHGS8MXX M7100 R3912 9043855 09 02041 2006 MAHGS8MXX M7100 R3913 9043181 09 02083 2006 MAHGS8MXX M7100 R3914 9043177 09 02042 2006 MAHGS8MXX M7100 R3915 9043337 09 02041 Confidential 12/18/2014 Page 19 2006 MAHGS8MXX M7100 R3916 9043973 09 02083 2006 MAHGS8MXX M7100 R3917 9043176 09 02089 2006 MAHGS8MXX M7100 R3918 9043237 09 02089 2006 MAHGS8MXX M7100 R3919 9042150 09 01162 2008 MAHGS8MXX M7100 R3920 9043975 09 01162 2008 MAHGS8MXX M7100 R3923 9043178 09 01162 2006 MAHGS8MXX M7100 R3924 9043239 09 02041 2006 MAHGS8MXX M7100 R3925 9043971 09 02043 2006 MAHGS8MXX M7100 R3926 9043182 09 06620 2006 MAHGS8MXX M7100 R3927 9043240 09 02083 2006 MAHGS8MXX M7100 R3928 9043185 09 02041 2006 MAHGS8MXX M7100 R3929 9043183 09 02082 2006 MAHGS8MXX M7100 R3930 9043042 09 02083 2006 MAHGS8MXX M7100 R3931 9044009 09 01162 2006 MAHGS8MXX M7100 R3932 9044008 09 02082 2006 MAHGS8MXX M7100 R3933 9044007 09 02083 2008 MAHGS8MXX M7100 R3936 9072762 09 01162 2006 MAHGS8MXX M7100 R3938 9072759 09 01860 2008 MAHGS8MXX M7100 R3940 9072758 09 01162 2006 MAHGS8MXX M7100 R3943 9073030 09 02083 2006 MAHGS8MXX M7100 R3945 9072794 09 01162 2008 MAHGS8MXX M7100 R3947 9073171 09 02083 2006 MAHGS8MXX M7100 R3948 9073170 09 01860 2006 MAHGS8MXX M7100 R3949 9073007 09 01860 2006 MAHGS8MXX M7100 R3952 9044033 09 01162 2006 MAHGS8MXX M7100 R3953 9043932 09 01314 2008 MAHGS8MXX M7100 R3958 9043118 09 01162 2008 MAHGS8MXX M7100 R3959 9043817 09 02082 2006 MAHGS8MXX M7100 R3960 9044024 09 01860 2006 MAHGS8MXX M7100 R3961 9043821 09 01860 2006 MAHGS8MXX M7100 R3962 9044032 09 01860 2008 MAHGS8MXX M7100 R3967 9044035 09 01162 2006 MAHGS8MXX M7100 R3969 9043822 09 01314 2008 MAHGS8MXX M7100 R3970 9072474 09 01162 2006 MAHGS8MXX M7100 R3973 9073763 09 01860 2006 MAHGS8MXX M7100 R3979 9043888 09 01860 2008 MAHGS8MXX M7100 R3980 9044000 09 01162 2008 MAHGS8MXX M7100 R3983 9043840 09 01162 2006 MAHGS8MXX M7100 R3984 9043828 09 01860 2006 MAHGS8MXX M7100 R3985 9043838 09 01860 2008 MAHGS8MXX M7100 R3986 9043827 09 01162 2008 MAHGS8MXX M7100 R3987 9074075 09 02088 2006 MAHGS8MXX M7100 R3988 9044074 09 02084 2006 MAHGS8MXX M7100 R3991 9043836 09 02083 2008 MAHGS8MXX M7100 R3992 9044073 09 02084 2005 MAHGS8MXX M7100 R4023 9072476 09 06620 2005 MAHGS8MXX M7100 R4024 9072206 09 01162 2005 MAHGS8MXX M7100 R4025 9071940 09 01162 2005 MAHGS8MXX M7100 R4030 9072059 09 01162 2005 MAHGS8MXX M7100 R4032 9073308 09 01162 2005 MAHGS8MXX M7100 R4034 9073770 09 01162 2005 MAHGS8MXX M7100 R4036 9072803 09 01162 2005 MAHGS8MXX M7100 R4041 9073338 09 01162 2005 MAHGS8MXX M7100 R4042 9073339 09 01162 2005 MAHGS8MXX M7100 R4043 9073659 09 06620 2005 MAHGS8MXX M7100 R4045 9073312 09 01162 2005 MAHGS8MXX M7100 R4047 9072477 09 01162 2008 MAHGS8MXX M7100 R4048 9072804 09 01162 2005 MAHGS8MXX M7100 R4049 9073768 09 01162 2005 MAHGS8MXX M7100 R4050 9043184 09 01162 2005 MAHGS8MXX M7100 R4051 9071939 09 01162 2006 MAHGS8MXX M7100 R4052 9072753 09 01162 2005 MAHGS8MXX M7100 R4055 9073800 09 06620 Confidential 12/18/2014 Page 20 2006 MAHGS8MXX M7100 R4176 9174776 09 01371 2008 MAHGS8MXX M7100 R4202 9073660 09 01162 2008 MAHGS8MXX M7100 R4203 9072805 09 01162 2008 MAHGS8MXX M7100 R4475 9211748 09 01162 2008 MAHGS8MXX M7100 R4476 9212327 09 06620 2008 MAHGS8MXX M7100 R4477 9212580 09 01162 2008 MAHGS8MXX M7100 R4478 9211751 09 06620 2008 MAHGS8MXX M7100 R4479 9212281 09 06620 2008 MAHGS8MXX M7100 R4480 9212278 09 01162 2008 MAHGS8MXX M7100 R4481 9211750 09 01162 2008 MAHGS8MXX M7100 R4482 9212280 09 01162 2008 MAHGS8MXX M7100 R4483 9212329 09 01162 2008 MAHGS8MXX M7100 R4484 9211747 09 01162 2008 MAHGS8MXX M7100 R4485 9212581 09 01162 2008 MAHGS8MXX M7100 R4486 9212279 09 06620 2008 MAHGS8MXX M7100 R4487 9212277 09 01162 2008 MAHGS8MXX M7100 R4488 9212330 09 01162 2008 MAHGS8MXX M7100 R4489 9212331 09 06620 2008 MAHGS8MXX M7100 R4490 9212577 09 01162 2008 MAHGS8MXX M7100 R4491 9212328 09 01162 2008 MAHGS8MXX M7100 R4492 9212578 09 06620 2008 MAHGS8MXX M7100 R4493 9212579 09 01162 2008 MAHGS8MXX M7100 R4494 9210640 09 01162 2009 MAHGS8MXX M7100 R4495 9210639 09 01162 2009 MAHGS8MXX M7100 R4496 9210641 09 01162 2007 MAHGS8MXX M7100 R3718 9075817 06620 2008 MAHGS8MXX M7100 R3742 9072576 02082 2006 MAHGS8MXX M7100 R3972 9044021 01162 2012 MAMWSDMXX M7300 R5010 A4011E050074 09 01162 2012 MAMWSDMXX M7300 R5011 A4011E050160 09 01162 2012 MAMWSDMXX M7300 R5012 A4011E050902 09 01162 2012 MAMWSDMXX M7300 R5013 A4011E050072 09 01162 2012 MAMWSDMXX M7300 R5014 A4011E050071 09 01162 2012 MAMWSDMXX M7300 R5015 A4011E050270 09 01162 2012 MAMWSDMXX M7300 R5016 A4011E050027 09 01162 2012 MAMWSDMXX M7300 R5017 A4011 R050189 09 01162 2012 MAMWSDMXX M7300 R5019 A4011E050317 09 01162 2012 MAMWSDMXX M7300 R5020 A4011E050086 09 01162 2012 MAMWSDMXX M7300 R5021 A4011R050372 09 01162 2012 MAMWSDMXX M7300 R5022 A4011R050104 09 01162 2012 MAMWSDMXX M7300 R5023 A4011E050210 09 01162 2012 MAMWSDMXX M7300 R5024 A4011E050157 09 01162 2012 MAMWSDMXX M7300 R5025 A4011 E050146 09 01162 2012 MAMWSDMXX M7300 R5026 A4011 E050208 09 01162 2012 MAMWSDMXX M7300 R5027 A4011 E050190 09 01162 2012 MAMWSDMXX M7300 R5028 A4011 E050380 09 01162 2012 MAMWSDMXX M7300 R5029 A4011 E050193 09 01162 2012 MAMWSDMXX M7300 R5030 A4011 E050165 09 01162 2012 MAMWSDMXX M7300 R5031 A4011 E050156 09 01162 2012 MAMWSDMXX M7300 R5032 A4011 E050335 09 01162 2012 MAMWSDMXX M7300 R5033 A4011 E050334 09 01162 2012 MAMWSDMXX M7300 R5034 A4011 E050149 09 01162 2012 MAMWSDMXX M7300 R5035 A4011 E050316 09 01162 2012 MAMWSDMXX M7300 R5036 A4011 E050364 09 01162 2012 MAMWSDMXX M7300 R5037 A4011 E050148 09 01162 2012 MAMWSDMXX M7300 R5038 A4011 E050324 09 01162 2012 MAMWSDMXX M7300 R5039 A4011 E050207 09 01162 2012 MAMWSDMXX M7300 R5040 A4011 E050362 09 01162 2012 MAMWSDMXX M7300 R5041 A4011 E050105 09 01162 2012 MAMWSDMXX M7300 R5042 A4011 E050363 09 01162 2012 MAMWSDMXX M7300 R5043 A4011 E050323 09 01162 2012 MAMWSDMXX M7300 R5044 A4011 E050138 09 01162 2012 MAMWSDMXX M7300 R5045 A4011E050376 09 01162 Confidential 12/18/2014 Page 21 Year Model Model Description Asset Serial Number Shop Area 2012 MAMWSDMXX M7300 R5046 A4011E050325 09 01162 2012 MAMWSDMXX M7300 R5047 A4011E050321 09 01162 2012 MAMWSDMXX M7300 R5048 A4011E050333 09 01162 2012 MAMWSDMXX M7300 R5049 A4011E050164 09 01162 2012 MAMWSDMXX M7300 R5050 A4011E050904 09 01162 2012 MAMWSDMXX M7300 R5051 A4011 E050836 09 01162 2012 MAMWSDMXX M7300 R5052 A4011E050161 09 01162 2012 MAMWSDMXX M7300 R5053 A4011E050839 09 01162 2012 MAMWSDMXX M7300 R5054 A4011E050840 09 01162 2012 MAMWSDMXX M7300 R5055 A4011 R050905 09 01162 2012 MAMWSDMXX M7300 R5056 A4011E050923 09 01162 2012 MAMWSDMXX M7300 R5057 A4011E050878 09 01162 2012 MAMWSDMXX M7300 R5058 A4011E050837 09 01162 2012 MAMWSDMXX M7300 R5059 A4011E050838 09 01162 2012 MAMWSDMXX M7300 R5060 A4011E050679 09 01162 2012 MAMWSDMXX M7300 R5061 A4011E050880 09 01162 2012 MAMWSDMXX M7300 R5062 A4011E050876 09 01162 2012 MAMWSDMXX M7300 R5063 A4011E050933 09 01162 2012 MAMWSDMXX M7300 R5064 A4011E050935 09 01162 2012 MAMWSDMXX M7300 R5065 A4011E050903 09 01162 2012 MAMWSDMXX M7300 R5066 A4011E050879 09 01162 2012 MAMWSDMXX M7300 R5067 A4011E050901 09 01162 2012 MAMWSDMXX M7300 R5068 A4011E050934 09 01162 2012 MAMWSDMXX M7300 R5069 A4011E050877 09 01162 2012 MAMWSDMXX M7300 R5070 A4011E050925 09 01162 2012 MAMWSDMXX M7300 R5072 A4011 E050215 09 01162 2012 MAMWSDMXX M7300 R5073 A4011 E049962 09 01162 2012 MAMWSDMXX M7300 R5074 A4011 E050242 09 01162 2012 MAMWSDMXX M7300 R5075 A4011 E050057 09 01162 2012 MAMWSDMXX M7300 R5076 A4011E050029 09 01162 2012 MAMWSDMXX M7300 R5077 A4011 E050677 09 01162 2012 MAMWSDMXX M7300 R5078 A4011E050212 09 01162 2012 MAMWSDMXX M7300 R5079 A4011E050932 09 01162 2012 MAMWSDMXX M7300 R5080 A4011E050162 09 01162 2012 MAMWSDMXX M7300 R5081 A4011E050140 09 01162 2012 MAMWSDMXX M7300 R5082 A4011E050028 09 01162 2012 MAMWSDMXX M7300 R5083 A4011E050213 09 01162 2012 MAMWSDMXX M7300 R5084 A4011E050194 09 01162 2012 MAMWSDMXX M7300 R5085 A4011E050365 09 01162 2012 MAMWSDMXX M7300 R5086 A4011E050059 09 01162 2012 MAMWSDMXX M7300 R5087 A4011E050191 09 01162 2012 MAMWSDMXX M7300 R5088 A4011E050139 09 01162 2012 MAMWSDMXX M7300 R5089 A4011 E050150 09 01162 2012 MAMWSDMXX M7300 R5090 A4011E050136 09 01162 2012 MAMWSDMXX M7300 R5091 A4011 E050030 09 01162 2012 MAMWSDMXX M7300 R5092 A4011 E050377 09 01162 2012 MAMWSDMXX M7300 R5093 A4011 E050087 09 01162 2012 MAMWSDMXX M7300 R5094 A4011 E050211 09 01162 2012 MAMWSDMXX M7300 R5095 A4011 E050188 09 01162 2012 MAMWSDMXX M7300 R5096 A4011 E050159 09 01162 2012 MAMWSDMXX M7300 R5097 A4011E050158 09 01162 2012 MAMWSDMXX M7300 R5098 A4011 E050186 09 01162 2012 MAMWSDMXX M7300 R5099 A4011E050073 09 01162 2012 MAMWSDMXX M7300 R5100 A4011E050026 09 01162 2012 MAMWSDMXX M7300 R5101 A4011E050319 09 01162 2012 MAMWSDMXX M7300 R5102 A4011E050089 09 01162 2012 MAMWSDMXX M7300 R5103 A4011E050090 09 01162 2012 MAMWSDMXX M7300 R5104 A4011E050075 09 01162 2012 MAMWSDMXX M7300 R5105 A4011E050931 09 01162 2012 MAMWSDMXX M7300 R5107 A4011E050187 09 01162 2012 MAMWSDMXX M7300 R5108 A4011E050332 09 01162 2012 MAMWSDMXX M7300 R5109 A4011E050147 09 01162 2012 MAMWSDMXX M7300 R5110 A4011 E050379 09 01162 Confidential 12/18/2014 Page 22 Year Model Model Description Asset Serial Number Shop Area 2012 MAMWSDMXX M7300 R5111 A4011E050192 09 01162 2012 MAMWSDMXX M7300 R5112 A4011E050103 09 01162 2012 MAMWSDMXX M7300 R5113 A4011E050375 09 01162 2012 MAMWSDMXX M7300 R5114 A4011E050163 09 01162 2012 MAMWSDMXX M7300 R5115 A4011 E050371 09 01162 2012 MAMWSDMXX M7300 R5116 A4011 E050331 09 01162 2012 MAMWSDMXX M7300 R5117 A4011 E050088 09 01162 2012 MAMWSDMXX M7300 R5118 A4011E050206 09 01162 2012 MAMWSDMXX M7300 R5119 A4011E050137 09 01162 2012 MAMWSDMXX M7300 R5120 A4011E049963 09 01162 2012 MAMWSDMXX M7300 R5121 A4011E050373 09 01162 2012 MAMWSDMXX M7300 R5122 A4011E050214 09 01162 2012 MAMWSDMXX M7300 R5123 A4011E050056 09 01162 2012 MAMWSDMXX M7300 R5124 A4011 E050101 09 01162 2012 MAMWSDMXX M7300 R5125 A4011 E050195 09 01162 2012 MAMWSDMXX M7300 R5126 A4011 E050678 09 01162 2012 MAMWSDMXX M7300 R5127 A4011E050361 09 01162 2012 MAMWSDMXX M7300 R5128 A4011E050374 09 01162 2012 MAMWSDMXX M7300 R5129 A4011E049964 09 01162 2012 MAMWSDMXX M7300 R5130 A4011 E050924 09 01162 2012 MAMWSDMXX M7300 R5131 A4011E050245 09 01162 2012 MAMWSDMXX M7300 R5132 A4011E050241 09 01162 2012 MAMWSDMXX M7300 R5133 A4011E050102 09 01162 2012 MAMWSDMXX M7300 R5134 A4011E050244 09 01162 2012 MAMWSDMXX M7300 R5135 A4011E050322 09 01162 2012 MAMWSDMXX M7300 R5136 A4011E050676 09 01162 2012 MAMWSDMXX M7300 R5137 A4011E050209 09 01162 2012 MAMWSDMXX M7300 R5138 A4011E050060 09 01162 2012 MAMWSDMXX M7300 R5139 A4011E050378 09 01162 2012 MAMWSDMXX M7300 R5140 A4011 E050243 09 01162 2012 MAMWSDMXX M7300 R5141 A4011 E050680 09 01162 2012 MAMWSDMXX M7300 R5142 A4011 E049961 09 01162 2012 MAMWSDMXX M7300 R5143 A4011E050058 09 01162 2012 MAMWSDMXX M7300 R5144 A4011E050320 09 01162 Mobiles Total: 385 2003 MAHGN8MXX BASE STATION - M7100 R3285 23504778 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3877 9072806 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3878 9072807 09 01162 2008 MAHGN8MXX BASE STATION - M7100 R3887 9073031 09 02084 2006 MAHGN8MXX BASE STATION - M7100 R3922 9043974 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3956 9043825 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3957 9044025 09 01162 2008 MAHGN8MXX BASE STATION - M7100 R3963 9044023 09 01342 2006 MAHGN8MXX BASE STATION - M7100 R3964 9043823 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3965 9073764 09 01162 2008 MAHGN8MXX BASE STATION - M7100 R3966 9071825 09 02051 2006 MAHGN8MXX BASE STATION - M7100 R3971 9071824 09 01162 2008 MAHGN8MXX BASE STATION - M7100 R3974 9044034 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3976 9043890 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3982 9043837 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3989 9043839 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3990 9043830 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3993 9044072 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3994 9044071 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3995 9043829 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3996 9043997 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3997 9043996 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R3998 9043998 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R4033 9073068 09 01162 2006 MAHGN8MXX BASE STATION - M7100 R4474 9073658 09 01162 Desktop Total: 25 Confidential 12/18/2014 Page 23 Equipment: Portables Mobiles Desktop Station Unit Rate: Quantity Monthly Rate: 9.00 1015 9.00 385 9.00 25 9,135.00 3,465.00 225.00 Total Monthly Maintenance: $ 12,825.00 Total Annual Maintenance: Note: Please add or delete any item to this list so that every piece of equipment you would like covered for this contract year is included. Model By: Title: Date: Description Serial Number Authorized Signature Printed or Typed Name Annual Rate: 109,620.00 41,580.00 2,700.00 153,900.00 Confidential 12/18/2014 Page 24 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5183 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve the purchase of HVAC replacement and repair parts, for an annual not to exceed amount of $300,000 for Fiscal Year 2018/19, 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: SUBJECT/RECOMMENDATION: Most of the Building & Maintenance 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: Page 1 City of Clearwater Printed on 10/17/2018 File Number: ID#18-5183 5656531-546200 GSBM180001-R&M -MATLS These funds are available in the operating expense of Building & Maintenance as budgeted in fiscal year 18/19 as well as funding available in the project. Page 2 City of Clearwater Printed on 10/17/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5211 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve the purchase of various electrical equipment and repair parts from Graybar Electric Co. Inc, not to exceed $250,000 annually, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: Most of the Building and Maintenance electrical purchases for equipment replacement and repair parts have been made by contacting various suppliers to obtain quotes. Staff is requesting the ability to purchase various supplies from Graybar Electric Co. Inc., a US Communities (Contract No. EV-2370) vendor for the duration of the US Communities contract that expires January 23, 2023. This will allow us to benefit from pre -negotiated discounted prices for various items required. 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 authorization will allow flexibility for expenditure of budgeted funds as needed throughout the year. APPROPRIATION CODE AND AMOUNT: 5656531-530300 GSBM180006-R&M -MATLS Light Replacement & Repair These funds are available as budgeted in the FY18/19 operating expense of Building & Maintenance as well as funding available in the capital project. Page 1 City of Clearwater Printed on 10/17/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5212 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Tampa Bay Trane, in the amount of $380,096 to replace chiller at Main Library, per proposal JAY-092118-01, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: The Main Library has two chillers. Chiller #2 went down after failure of both compressors on June 22, 2018. This chiller is original to the construction of the building completed in 2004. Since the unit failed in June, the library has a rental chiller in place to maintain the required cooling capacity. This proposal provides for the installation of a new air -cooled chiller, pumps, piping and ties into the existing controls, electrical devices and equipment as described in A/E projects drawings dated September 3, 2018. Tampa Bay Trane is an approved vendor under HVAC for US Communities Contract # 15-JLP-023 (expires 9/30/2022). APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project, GSBM180009 - New A/C Chiller Systems, to fund this contract. Page 1 City of Clearwater Printed on 10/17/2018 Tampa Bay Trane 902 North Himes Avenue P.O. Box 18547 Tampa, Florida, 33609 813-877-8251 800-966-8251 Toll Free 813-877-8252 Service Dispatch 800-966-8252 Toll Free Service Dispatch 813-877-8257 Fax www.tampabaytrane.com SERVICE PROPOSAL FOR: City of Clearwater Attn: Mark Jansen SITE ADDRESS: 100 N Osceola Ave Clearwater, FL 33755 LOCAL TRANE OFFICE: Tampa Bay Trane 902 N. Himes Ave. Tampa, FL 33609 PROPOSAL ID / AGREEMENT NUMBER: JAY- 092118-01 DATE: 9/18/2018 Contracting Proposal Tampa Bay Trane Contracting Proposal: - - 2 - - TBT-NSNR/2.0/030107 9/21/2018 City of Clearwater: Main Library 100 N Osceola Ave, Clearwater, FL 33755 Attention: Mark Jansen Tampa Bay Trane is pleased to present the following proposal to replace Chiller #2 at the City of Clearwater Main Library for the replacement described below. We have visited the site, evaluated the requirements and understand the existing conditions and therefore agree to provide the necessary labor and materials for the services detailed in a professional workmanlike manner in accordance with the best practices of the industry and in compliance with all authority having jurisdiction. Thank you for giving us the opportunity. We value the confidence you have placed in Tampa Bay Trane and look forward to working with you and your staff. Should you have any questions regarding this or any other matter, please feel free to contact me at (813) 877-8251. Kind Regards, Jessica York Account Manager Tampa Bay Trane Tampa Bay Trane Contracting Proposal: - 2 - TBT-NSNR/2.0/030107 CONTRACTING PROPOSAL This proposal, dated 09/12/2018, declares that Tampa Bay Trane, herein referred to as “TBT”, agrees to furnish Contracting Services for either Turnkey work or Controls applications described in accordance with the "General Terms and Conditions” and all other specifications provided as a part of this agreement. Further, this agreement shall become effective only upon acceptance by CUSTOMER and approval by TBT .  SERVICE LOCATION: Contracting Services detailed herein will be performed at City of Clearwater Main Library, 100 N. Osceloa Avenue, Clearwater, FL 33755.  PROJECT NAME: City of Clearwater Main Library Chiller #2 Replacement INTRODUCTION Tampa Bay Trane (TBT) is pleased to provide the following letter of quotation for the turnkey work required for the project. We would like to take a moment to thank you for allowing us the opportunity to provide this proposal and, for your confidence in Tampa Bay Trane to provide a solution for the work requested. Below you will find the scope of work to be performed under this quotation. If you have any questions, please feel free to contact us. SCOPE OF WORK Trane will provide the following Scope of Work under this proposal per the plans dated 7/2/2018:  SUMMARY: TBT will supply the labor and materials that will be required to furnish and install one new RTAC Trane Air Cooled Screw Chiller per plans dated 7/2/2018.  DETAILED SCOPE:  Disconnect power and piping from the rental chiller. Provide crane services for removal of the rental chiller to place rental chiller on the rental company’s truck. o The existing concrete pad will be reused and extended per drawing M1.0. o Furnish and Install one (1) new Trane RTAC 200-ton Air-Cooled Screw Chiller Model RTAC with open protocol interface to Energy Management system. o Disconnect and Remove existing rental chiller. o The Trane chiller condenser coils will be aluminum slit fins with corrosion protective coated having a 10-year warranty. o Provide and install the new piping, pipe supports, valves, Thermowells, thermometers, pressure gauges, check valves, butterfly valves, pete’s plugs, strainer, manual control valve, two -way motorized butterfly valve and new chilled water pump per the plans. o All chilled water piping will be insulated with foam glass insulation and with aluminum clad cover. o Provide the electrical services per plans E1.0 & E2.0. o Provide connection of new chiller into the existing control system. o Provide start-up by a Trane authorized service technician. o Provide a 10-year parts, labor, refrigerant warranty, and PM maintenance (annual condenser coil cleaning and acid test). EXCLUSIONS The following items have been excluded from this scope of work:  No cost has been included for unforeseen conditions.  No new Fire Protection work is included in this proposal.  No expedited shipping costs for the equipment or materials are included in this proposal. Tampa Bay Trane Contracting Proposal: - 3 - TBT-NSNR/2.0/030107 CLARIFICATIONS  Work will be performed during normal business hours (Monday–Friday, 7:00 a.m.– 4:30 p.m.), or (Monday– Thursday, 7:00 a.m.–5:30 p.m. for a ten (10) hour shift schedule) unless otherwise noted or agreed upon by all parties involved prior to a Purchase Order Release or Signed Sub-Contract Agreement. If work is agreed upon to be performed after normal business hours or during weekend hours after a Purchase Order Release or Signed Sub Contract Agreement is executed, Tampa Bay Trane reserves the right to adjust our proposal to include the additional cost for the said project.  This proposal is valid for thirty (60) days.  We reserve the right to correct clerical errors.  We reserve the right to utilize progress invoicing for material, labor and/or work performed on a monthly basis (30 day increments) unless otherwise agreed upon and accepted by all parties involved with the listed project.  New Client or Subcontractor Information. Tampa Bay Trane requires the f ollowing current items and information before any commencement of work begins. These items could include but are not limited to: Company name, physical address/location, billing address if different from mailing address, AP/AR contact name and email address, phone/fax number, current W9, Certificate of Insurance, Florida Contractor’s License, a Signed/ Approved Sub-Contract, Signed/Approved Purchase Order or Signed/Approved Change Order and a tax exempt certificate if applicable. US COMMUNITIES CONTRACT # 15-JLP-023 Customer agrees to pay to TBT as consideration (the “Contract Price”) for the Contracting Services outlined in this proposal as follows within the guideline of US Communities pricing: Price: $380,096.00 This proposal will remain valid until 12/31/2018, unless accepted by customer prior to this date. ACCEPTANCE Proposal Date: __/__/____ ___________________________________________ CUSTOMER ACCEPTANCE TAMPA BAY TRANE ACCEPTANCE ___________________________________________ ___________________________________________ Authorized Representative Authorized Representative Tampa Bay Systems Sales, Inc. ___________________________________________ dba/ Tampa Bay Trane__________________ Printed Name Company Account Executive __________________________________________ ___________________________________________ Title Title ______________________________ ___________________________________________ Purchase Order Acceptance Date _____________________________ Acceptance Date This Agreement is subject to Customer’s acceptance of the attached Tampa Bay Trane Terms and Conditions. Tampa Bay Trane Contracting Proposal: - 4 - TBT-NSNR/2.0/030107 Contracting Proposal: - 5 - TBT-NSNR/2.0/030107 General Terms and Conditions Contracting – Controls and Turnkey Agreements R.09 EFF 11/15/2006 The following “Terms and Conditions” are attached to and made a part of the TBT proposal for Contracting Services for either Turnkey work or Controls applications the named Customer and TBT. The combination shall constitute the Complete Agreement between the parties. 1. Acceptance. A proposal made upon these terms is subject to acceptance within 30 (thirty) days from date and the prices are subject to change without notice prior to acceptance by Customer. If your order is an acceptance of a written proposal, on a form provided by TBT without the addition of any other terms and conditions of sale or any other modification, this document shall be treated solely as an acknowledgement of such order, subject to credit approval. If your order is not such an acceptance, then this document is TBT’s offer, subject to credit approval, to provide the goods and/or Work solely in accordance with the following terms and conditions of Sale. If we do not hear from you within two weeks from the date hereof, TBT shall rely upon your silence as an acceptance of these terms and conditions and performance will be made in accordance herewith. Customer’s acceptance of goods and/or Work by TBT on this order will in any event constitute an acceptance by Customer of these terms and conditions. 2. Contract Price & Taxes. The Contract Price includes standard ground transportation and, if required by law, includes all sales, consumer, use and similar taxes legally enacted as of the date hereof only for equipment and material installed by TBT. Equipment sold on an uninstalled basis and any taxable labor does not include sales tax and applicable taxes will be added. 3. Exclusions From Work. TBT’s obligation is limited to the Work as defined and does not include any modifications to the Premises under the Americans with Disabilities Act or any other law or building code(s). 4. Construction Procedures. TBT shall supervise and direct the Work using its best skill and attention and have exclusive control over construction means, methods, techniques, sequences and procedures. 5. Payment Terms. Customer shall pay TBT’s invoices within net (30) days of invoice date. TBT may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off- site storage facility and for all work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by TBT in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. If payment is not received as required hereby, TBT may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to TBT for all reasonable shutdown, standby and start-up costs as a result of the suspension. All amounts outstanding 10 days beyond the due date are subject to a service charge not to exceed 1.5% of the principal amount due or the maximum allowable legal interest rate, retroactive to the due date. Customer shall pay all costs (including attorneys’ fees) incurred by TBT in attempting to collect amounts due and otherwise enforcing these terms and conditions. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of TBT all dates provided by TBT or its representatives for commencement, progress or completion, are estimates only. While TBT shall use commercially reasonable efforts to meet such estimated dates, TBT shall not be responsible for any damages for its failure to do so. 7. Access. TBT and its contractors or subcontractors shall be provided access to the Premises during regular business hours, or such other hours as may be requested by TBT and acceptable to the Premises’ owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization and storage. TBT access to correct any emergency condition shall not be restricted. 8. Permits and Government Fees. TBT shall secure (with Customers assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work, which are legally required when bids from TBT contractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. 9. Utilities during Construction. TBT shall be provided without charge all water, heat, and utilities during performance of the Work. 10. Concealed Or Unknown Conditions. In the performance of the Work, if TBT encounters conditions at the Premises that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, TBT shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in TBT’s cost of, or time required for, performance of any part of the Work, TBT shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 11. Asbestos and Hazardous Materials. TBT’s work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl (PCB)), or other hazardous material (hereinafter, collectively, “Hazardous Materials”). Customers warrants and represents that, except as set forth in a writing signed by TBT, there are no Hazardous Materials on the Premises that will in any way affect TBT’s work and Customer has disclosed to TBT the existence and location of any Hazardous Materials in all areas within which TBT will be performing the Work. Should TBT become aware of or suspect the presence of Hazardous Materials, TBT may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with applicable laws and regulations. Customer shall be exclusively responsible for any claims, including the payment arising out of or relating to any Hazardous Materials on or about the Premises, not brought onto the Premises by TBT. TBT shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall TBT be obligated to transport or handle Hazardous Material, to provide any notices to any governmental agency or to examine the Premises for the presence of Hazardous Materials. 12. Conditions beyond Control Of Parties. If TBT shall be unable to carry out any material obligation under this Agreement due to events beyond its control such as acts of God, governmental or judicial authority, insurrections, riots, labor disputes, labor or material shortages, fire, or explosions, this Agreement shall be at TBT’s discretion (i) remain in effect but TBT’s obligations shall be suspended until the uncontrollable event terminates; or (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay TBT for all parts of the Work furnished to the date of termination. 13. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give TBT the right, without an election of remedies, to terminate this Agreement by delivery of written notice declaring termination, upon which event Customer shall be liable to TBT for all Work furnished to date and all damages sustained by TBT (including lost profit and overhead): (1) Any failure by Customer to pay amounts due more than thirty (30) days after the date of the invoice therefore; or (2) Any failure by Customer to perform or comply with any material provision of this Agreement. 14. Indemnification. TBT and Customer shall indemnify, defend and hold each other harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys’ fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the negligence or misconduct of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS) OR PUNITIVE DAMAGES, IN NO EVENT SHALL TRANE BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. Contracting Proposal: - 6 - TBT-NSNR/2.0/030107 15. Workmanship And Equipment Warranty. TBT warrants that, for a period of one year from the date of substantial completion (the “Warranty Period”), TBT equipment installed hereunder and Work shall be free from defects in material, manufacture, and workmanship. Substantial completion shall be the earlier of the date that the Work is sufficiently complete so that Customer can utilize the Work for its intended use or the date that Customer receives beneficial use of the Work. TBT will correct the defect or furnish replacement equipment (or, at its option, parts therefore) and, if said equipment was installed pursuant hereto, labor associated with the replacement of parts or equipment not conforming to this warranty. No liability whatever shall attach to TBT until said Work has been paid for in full and then said liability shall be limited to TBT’s cost to correct the defective Work. Equipment and/or parts that have such warranties as may be extended by the respective manufacturer, warranties expressly exclude any remedy for damage or defect caused by corrosion, erosion, or deterioration, abuse, modifications or repairs not performed by TBT, improper operation, or normal wear and tear under normal usage. TBT shall not be obligated to pay for the cost of lost refrigerant. THE WARRANTY AND LIABILITY SET FORTH IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TRANE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), OR PUNITIVE DAMAGES, NO REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE IS MADE REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. TRANE SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 16. Applicable Law. Except as provided below, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state in which the Work is preformed. Any dispute arising under or relating to this agreement, which is not disposed of, by agreement shall be decided by litigation in a court of competent jurisdiction located in the state in which the Work is preformed. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contracts appeals of the Federal Government, provided, however, that if there is no applicable Federal Government contract law, this Agreement shall be governed, construed, interpreted and enforced in accordance with the governing law as set out in the contract with Trane’s customer. 17. Assignment. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of TBT. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer’s successors and assigns. 18. Complete Agreement. This Agreement shall constitute the entire Agreement between both parties and this Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent TBT is a signatory thereon. 19. Price Increases. Prices stated are firm provided that notification of release for immediate production and shipment is received at the factory not later than five months from order receipt. If such release is received later than five months from order receipt date, but within eight months of order receipt dates, prices will be increased a straight 1% (not compounded) for each one-month period (or part thereof) beyond the five-month firm price period up to the date of receipt of such release. If such release is not received within eight months after date of order receipt, the prices are subject to renegotiation, or at Trane’s option, the order will be cancelled. If for any reason Customer delays shipment after release, prices a re subject to increase as stated herein. Tampa Bay Systems Sales, Inc. DBA/Tampa Bay Trane & Southwest Florida Trane R.09 EFF 11/15/2006 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5176 Agenda Date: 10/18/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Request for authority to settle the case of Precon Corporation v. Westfield Insurance Company, et al., Case No. 17-002462 for $143,678.53. (consent) SUMMARY: Precon Corporation was subcontractor involved in the construction of tanks on Project No. 09-0018-UT (Reverse Osmosis Plant No. 1) (RO-1). The tanks were completed and accepted by the City and placed into operation. Precon has not been paid by the general contractor Brandes Design-Build, Inc. Brandes sued the City in 2015 alleging various violations of the construction contract related to RO-1 project. That suit is still in litigation and one of the conditions of the proposed settlement of the Precon suit is that any settlement payment would be credited in whole against any amount owed to Brandes. Authority is being sought to settle this case for $143,678.54, in exchange for which the City will receive a full release and all claims pending against the City in the Precon case will be dismissed with prejudice, and the City will receive full credit against any moneys owed to Brandes in matter of Brandes Design-Build, Inc. v. City of Clearwater, Case No. 15-003724-CI. APPROPRIATION CODE AND AMOUNT: 3217321-563800-96764 Page 1 City of Clearwater Printed on 10/17/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-07011 Agenda Date: 10/18/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3108 Johns Parkway, together with abutting right-of-way of Johns Parkway; and pass Ordinances 9183-18, 9184-18, and 9185-18 on first reading. (ANX2018-07011) SUMMARY: This voluntary annexation petition involves a 0.193-acre property consisting of one parcel of land occupied by a single family dwelling. The parcel is located on the north side of Johns Parkway approximately 180 feet east of North McMullen Booth Road. The property is located within an enclave and is contiguous to existing city boundaries to the north and south. The Development Review Committee is proposing that the 0.005 acres of abutting Johns Parkway not currently within city limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and be assigned a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Johns Parkway right -of-way. The applicant is aware of the required sanitary sewer impact and assessment fees that must be paid in full prior to connecting to the City ’s sanitary sewer system and of the additional costs to extend City sewer service to the property. Collection of solid waste will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 10/17/2018 File Number: ANX2018-07011 Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category to be assigned to the property is consistent with the current Countywide Plan designation of the property . This designation primarily permits residential uses at a density of 7.5 units per acre . The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City boundaries to the north and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/17/2018 Ordinance No. 9183-18 ORDINANCE NO. 9183-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY APPROXIMATELY 180 FEET EAST OF NORTH MCMULLEN BOOTH ROAD WHOSE POST OFFICE ADDRESS IS 3108 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF JOHNS PARKWAY, 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 attached Exhibit A for Legal Description. (ANX2018-07011) 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. 9183-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2018‐07011 ========================================================================================= No. Parcel ID Address 1. 16-29-16-00000-210-1100 3108 Johns Parkway Legal Description The East 100 feet of the West 283 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of Northwest ¼ of Section 16, Township 29 South, Range 16 East, lying and being in Pinellas County, Florida; together with abutting Right-of-Way of Johns Parkway. Exhibit B 242420 303024 24 05155 8384317519*1 23 4 2 312 1 2345 9 10 11 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 -Not to Scale--Not a Survey-Date: 9/13/2018 PROPOSED ANNEXATION Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9184-18 ORDINANCE NO. 9184-18 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 NORTH SIDE OF JOHNS PARKWAY APPROXIMATELY 180 FEET EAST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3108 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, 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 attached Exhibit A for legal description. Residential Urban (RU) (ANX2018-07011) 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. 9183-18. Ordinance No. 9184-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2018‐07011 ========================================================================================= No. Parcel ID Address 1. 16-29-16-00000-210-1100 3108 Johns Parkway Legal Description The East 100 feet of the West 283 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of Northwest ¼ of Section 16, Township 29 South, Range 16 East, lying and being in Pinellas County, Florida; together with abutting Right-of-Way of Johns Parkway. 242420 303024 24 05155 8384317519*1 23 4 2 312 1 2345 9 10 11 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 I RU I RU RLM R/OL -Not to Scale--Not a Survey-Date: 9/13/2018 PROPOSED FUTURE LAND USE MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9185-18 ORDINANCE NO. 9185 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF JOHNS PARKWAY APPROXIMATELY 180 FEET EAST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3108 JOHNS PARKWAY, 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. 9183-18. Property Zoning District See attached Exhibit A for Legal Description Low Medium Density Residential (LMDR) (ANX2018-07011) Ordinance No. 9185-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2018‐07011 ========================================================================================= No. Parcel ID Address 1. 16-29-16-00000-210-1100 3108 Johns Parkway Legal Description The East 100 feet of the West 283 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of Northwest ¼ of Section 16, Township 29 South, Range 16 East, lying and being in Pinellas County, Florida; together with abutting Right-of-Way of Johns Parkway. 242420 303024 24 05155 8384317519*1 23 4 2 312 12 3 456 91011 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 21/07 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 I I LMDR I MHP LMDR -Not to Scale--Not a Survey-Date: 9/13/2018 PROPOSED ZONING MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DREW ST BAY LN JOHNS PKWY K ST N McMULLEN BOOTH RD F E AT H E RW O O D C T S McMULLEN BOOTH RD MACDONALD DR BAY LN CHERRY LN CLEVELAND ST ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 9/13/2018 LOCATION MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) JOHNS PKWY JOHNS PKWY OYSTER BAYOU WAY OYSTER BAYOU WAY S McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CHERRY LN CLEVELAND ST CLEVELAND ST COLONIAL DR COLONIAL DR N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Date: 9/13/2018 AERIAL PHOTOGRAPH Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 242420 303024 24 05155 8384317519*1 23 4 2 312 1 2345 9 10 11 12 13 14 15 1 2 3 4 5622/3222/37 22/3822/3122/3021/10 21/11 21/12 21/13 22/412 1 JOHNS PKWY N McMULLEN BOOTH RD S McMULLEN BOOTH RD CHERRY LN CLEVELAND ST 3108 -Not to Scale--Not a Survey-Date: 9/13/2018 EXISTING SURROUNDING USES MAP Owner(s): SWH 2017-1 Borrower LP Case: ANX2018-07011 Site: 3108 Johns Parkway Property Size(Acres): ROW (Acres): 0.193 0.005 Land Use Zoning PIN: 16-29-16-00000-210-1100 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Multi-Family Residential Mobile Home Park View looking north at the subject property 3108 Johns Parkway East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-070011 SWH 2017-1 Borrower LP 3108 Johns Parkway View looking easterly along Johns Parkway View looking westerly along Parkway Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-07013 Agenda Date: 10/18/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2780 North Terrace Drive and pass Ordinances 9196-18, 9197-18 and 9198-18 on first reading. (ANX2018-07013) SUMMARY: This voluntary annexation petition involves 0.247 acres of property consisting of one parcel of land occupied by a single -family dwelling. The parcel is located on the northwest corner of North Terrace Drive and El Trinidad Drive East. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries to the north, south and east. It is proposed that the property be assigned Future Land Use Map designations of Residential Low (RL) and Drainage Feature Overlay and be assigned a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent North Terrace Drive right -of-way. The applicant has paid the sewer impact and assessment fees in full and is in the process of connecting to the sewer system. Collection of solid waste will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 10/17/2018 File Number: ANX2018-07013 Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category to be assigned to the property is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 5 units per acre. The Drainage Feature Overlay recognizes the drainage feature along the northern property boundary. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north, south and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/17/2018 Ordinance No. 9196-18 ORDINANCE NO. 9196-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH TERRACE DRIVE AND EL TRINIDAD DRIVE EAST, APPROXIMATELY 1,150 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 2780 NORTH TERRACE DRIVE, 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 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 1, Block 3, VIRGINIA GROVE TERRACE, according to the map or plat thereof, as recorded in Plat Book 37, on page 29, of the Public Records of Pinellas County, Florida. (ANX2018-07013) 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. 9196-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk 6666 66 66 66 66 66 60 60 606030 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 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 30 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 30 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 30 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 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 28282840275217372758 28281728 27602831273417112773 1 7 3 0 1708 1745 276417162738 277028431712 1748 1733 1747 283228121728 1746 28181737 17412746 17402747 1700 1749 1736 1732 28361705 1720 28241725 284227591741 1755 28261 7 2 6 27701788 1753 1712 1708 1735 28441777 1717 1721 1704 1721 1704 1765 1739 1700 28 061776 1773 1705 1736 1751 1716 1734 28351771 1714 1754 1713 1748 1700 17642751 28361 7 3 4 1782 1751 28391764 1740 1718 1728 1704 1744 1724 1724 1777 1740 1705 1795 1701 1724 1 7 3 8 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1730 1740 1729 1734 2834176517562780 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1 7 4 1 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 172171227761772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/13/2018 PROPOSED ANNEXATION Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) Ordinance No. 9197-18 ORDINANCE NO. 9197-18 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 NORTHWEST CORNER OF NORTH TERRACE DRIVE AND EL TRINIDAD DRIVE EAST, APPROXIMATELY 1,150 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 2780 NORTH TERRACE 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 1, Block 3, VIRGINIA GROVE TERRACE, according to the map or plat thereof, as recorded in Plat Book 37, on page 29, of the Public Records of Pinellas County, Florida. Residential Low (RL) and Drainage Feature Overlay (ANX2018-07013) 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. 9196-18. Ordinance No. 9197-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 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 30 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 30 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 30 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 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 I RL RLRL RL RU RURL RL RU RL RU P RLRU RU RU P RU P SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 284027521737 2828276027731 7 3 0 1708 1745 27641716 277028431712 1748 1733 1747 28121728 1746 28181737 174127462747 1700 1749 1736 28361705 1720 28241725 284227591741 1755 28261 7 2 6 1788 1753 1712 1708 1735 28441777 1717 28281721 1704 1721 1704 17652758 1728 1739 1700 28 06283117762734 1711 1773 1705 1736 1751 1716 1734 28351771 171427381754 1713 1748 1700 17642751 28361 7 3 4 1782 1751 28391764 1740 1718 1728 28321704 1744 1724 1724 1777 1740 1705 1795 1701 1724 1 7 3 8 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1740 1730 1740 1729 1734 283417651756 1732 27801722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1 7 4 1 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 17217122776 27701772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/21/2018 Drainage Feature Overlay PROPOSED FUTURE LAND USE MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Drainage Feature Overlay Low Medium Density Residential (LMDR) Ordinance No. 9198-18 ORDINANCE NO. 9198 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH TERRACE DRIVE AND EL TRINIDAD DRIVE EAST, APPROXIMATELY 1,150 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 2780 NORTH TERRACE 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 the 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. 9196-18. Property Zoning District Lot 1, Block 3, VIRGINIA GROVE TERRACE, according to the map or plat thereof, as recorded in Plat Book 37, on page 29, of the Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2018-07013) Ordinance No. 9198-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk 6666 66 66 66 66 66 60 60 606030 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 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 30 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 30 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 30 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 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR LMDR 282828402752275828281728 27602831273417112773 1 7 3 0 1708 1745 276417162738 277028431712 1748 1747 283228121728 1746 28181737 17412746 17402747 1700 1749 1736 1732 28361705 1720 28241725 284227591741 1755 28261 7 2 6 27701788 1753 P 1712 1708 1735 28441777 1717 1721 1704 1721 1704 1765 1737 1739 1700 28 061776 1773 1705 1736 1751 1716 1734 28351771 1714 1754 1713 1748 1700 17642751 28361 7 3 4 1782 1751 1733 28391764 1740 1718 1728 1704 1744 1724 1724 1777 1740 1705 1795 1701 1724 1 7 3 8 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1730 1740 1729 1734 2834176517562780 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1 7 4 1 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 172171227761772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/13/2018 PROPOSED ZONING MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SUNSET POINT RD OWEN DR EVANS DR SOUTH DR ST. CROIX DR CR 193 DIANE DR LUCAS DR ST. JOHN DR GROVE DR MORNINGSIDE DR AUDREY DR THOMAS DR WOODRING DR N TERRACE DR EL TRINDAD DR ESARAH DR CATHERINE DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER AUDREY DR OWEN DR ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 8/13/2018 LOCATION MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SR 590 GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR ST. ANTHONY DR ST. ANTHONY DR ST. JOHN DR ST. JOHN DR -Not to Scale--Not a Survey-Date: 8/13/2018 AERIAL PHOTOGRAPH Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) 6666 66 66 66 66 66 60 60 606030 9435694338 9432094410 98470 5 5 4 4 2 2 3 3 3 1 A B C 6 789 10 1234567891011 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 30 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 30 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 30 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 18 19 20 21 22 23 24 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 24 5 6 7 8 9 10 11 12 13141516171819 1 SR 590 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 28282840275217372758 28281728 27602831273417112773 1 7 3 0 1708 1745 276417162738 277028431712 1748 1733 1747 283228121728 1746 28181737 17412746 17402747 1700 1749 1736 1732 28361705 1720 28241725 284227591741 1755 28261 7 2 6 27701788 1753 1712 1708 1735 28441777 1717 1721 1704 1721 1704 1765 1739 1700 28 061776 1773 1705 1736 1751 1716 1734 28351771 1714 1754 1713 1748 1700 17642751 28361 7 3 4 1782 1751 28391764 1740 1718 1728 1704 1744 1724 1724 1777 1740 1705 1795 1701 1724 1 7 3 8 1748 1736 1725 1733 1717 1767 1 7 2 7 1729 1758 1720 1730 1740 1729 1734 2834176517562780 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1 7 4 1 28221759 28231721 282417722740 1746 1745 1720 28321727 1729 1709 283828001754 1731 1771 1737 1708 282727301760 1749 1726 28231716 1 7 3 3 1717 1751 1709 1732 1715 1755 172171227761772 1761 1783 1770 1701 -Not to Scale--Not a Survey-Date: 8/13/2018 EXISTING SURROUNDING USES MAP Owner(s): Feliciano and Barbara Flores Case: ANX2018-07013 Site: 2780 N Terrace Drive Property Size(Acres): ROW (Acres): 0.247 Land Use Zoning PIN: 05-29-16-94320-003-0010 From : Residential Low (RL) Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Drainage Feature Overlay Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property 2780 Terrace Drive North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-07013 Feliciano & Barbara Flores 2780 Terrace Drive North View looking easterly along Terrace Drive North View looking westerly along Terrace Drive North Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-07014 Agenda Date: 10/18/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 600 Moss Avenue and pass Ordinances 9199-18, 9200-18 and 9201-18 on first reading. (ANX2018-07014) SUMMARY: This voluntary annexation petition involves 0.224 acres of property consisting of one parcel of land occupied by a single -family dwelling. The parcel is located on the northwest corner of Moss Avenue and Merrill Avenue. The applicant is requesting annexation in order to receive sanitary sewer service from the City and will be connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer Extension Project. The property is located within an enclave and is contiguous to existing city limits to the west and to the east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and be assigned a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant has paid the sewer impact fee in full, and is currently awaiting connection to the sewer system. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, water, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 10/17/2018 File Number: ANX2018-07014 Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category to be assigned to the property is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city limits to the west and to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/17/2018 Ordinance No. 9199-18 ORDINANCE NO. 9199-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF MERRILL AVENUE AND MOSS AVENUE, APPROXIMATELY 700 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 600 MOSS AVENUE, 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 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 12, Block H, Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Page 14 and 15, public records of Pinellas County, Florida. (ANX2018-07014) 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. 9199-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LAKE LOUISE LAKE LOUISE 8824 5 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 A C(C) A C(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD TERRACE VIEW LN 7 1 2 601 602 7 0 8 511510 3069306430583010300330593065305330413013305930473064307630253071301930533047307130713000303530413065305930773035305830413023304130703052302430583006307730813018304030463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 701 600 33301233001330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 PROPOSED ANNEXATION Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9200-18 ORDINANCE NO. 9200-18 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 NORTHWEST CORNER OF MERRILL AVENUE AND MOSS AVENUE, APPROXIMATELY 700 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 600 MOSS AVENUE, 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 12, Block H, Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Page 14 and 15, public records of Pinellas County, Florida. Residential Low (RL) (ANX2018-07014) 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. 9199-18. Ordinance No. 9200-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LAKE LOUISE LAKE LOUISE 882 45 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 A C(C) A C(C) RL RL RL RL RL RL R/OS RLRL WATER RL RL 7 1 2 601 602 7 0 8 511510 3069306430583010300330593065305330413013305930473064307630253001307130193053304730713071300030353065305930773035305830413023304130703052302430583006307730813018304030463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 701 600 3330123041330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 PROPOSED FUTURE LAND USE MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9201-18 ORDINANCE NO. 9201 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF MERRILL AVENUE AND MOSS AVENUE, APPROXIMATELY 700 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 600 MOSS AVENUE, 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. 9199-18. Property Zoning District Lot 12, Block H, Kapok Terrace, according to the map or plat thereof as recorded in Plat Book 36, Page 14 and 15, public records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2018-07014) Ordinance No. 9201-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LAKE LOUISE LAKE LOUISE 882 45 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 A C(C) A C(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD TERRACE VIEW LN LMDR OS/R 7 1 2 602 7 0 8 511510 3069306430583010300330593065305330413013305930473064307630253001307130193053304730713071300030353041306530593077303530583041302330413070305230243058300630773081301830463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 601 701 600 3330123040330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 PROPOSED ZONING MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR CHAMBLEE LN BORDEAUX LN GLEN OAK AVE N THOMAS RD SAN MATEO ST TE RRACE V IE W LN SAN BERNADINO ST ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 8/15/2018 LOCATION MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD TERRACE VIEW LN TERRACE VIEW LN -Not to Scale--Not a Survey-Date: 8/15/2018 AERIAL PHOTOGRAPH Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LOUISE LAKE LOUISE 8824 5 45144 82890 45126 G B AH O N J I 2 5 6 7 8 9101112 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 (14) 1 2 3 4 5 8 9 10 11 12 33/02 1.4 1.4 33/01 A C(C) A C(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD TERRACE VIEW LN 7 1 2 601 602 7 0 8 511510 3069306430583010300330593065305330413013305930473064307630253071301930533047307130713000303530413065305930773035305830413023304130703052302430583006307730813018304030463047306330763052307030403064304630753057307630533047306530703026305230073077300630403012303430308 0 0 701 600 33301233001330463053303530313025-Not to Scale--Not a Survey-Date: 8/15/2018 EXISTING SURROUNDING USES MAP Owner(s): Ernest H. and Margaret L. Kohlmyer Case: ANX2018-07014 Site: 600 Moss Avenue Property Size(Acres): ROW (Acres): 0.224 Land Use Zoning PIN: 09-29-16-45126-008-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking west at the subject property 600 Moss Avenue North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-07014 Ernest H. & Margaret L. Kohlmyer 600 Moss Avenue View looking northerly along Moss Avenue View looking southerly along Moss Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5187 Agenda Date: 10/18/2018 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Terminate the Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of 72 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 18-05, and authorize the appropriate officials to execute same. (DVA2009-00001A) SUMMARY: On October 6, 2009 a Development Agreement was made effective between the property owner and the City of Clearwater which provided 72 units from the Hotel Density Reserve (DVA2009-00001/Resolution 09-03). Section 6.1.3.1 of the Development Agreement required the Property Owner to develop the Property in substantial conformance with the conceptual site plan attached to the Agreement. Section 6.1.6 provides that all units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system . Occupancy in the hotel is limited to a term of less than one month or thirty -one consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. After receiving approval of DVA 2009-00001 the applicant submitted the associated site plan for approval as part of a Level II Flexible Development application (FLD2009-03013). This application was approved by the Community Development Board on May 19, 2009. Permits (BCP2011-02294 and BCP2011-02294A, et.al) for site and building construction were submitted on February 18, 2011 and June 10, 2011, respectively. All permits have been listed as completed and a Certificate of Occupancy was issued on November 15, 2012 effectively closing out the project. The City has determined that the Property Owner has successfully met the obligations of the Agreement and that the development of the Property is consistent with conceptual site plans that were part that Agreement. The applicant has submitted a request to terminate the Development Agreement pursuant to Section 18 of the Agreement. This request was reviewed by the Community Development Board on September 18, 2018 which provided a unanimous recommendation of approval to the City Council. Pursuant to Section 13 of the Agreement notices have been provided to: Decade Companies Income Properties 1355 Bishops Court Page 1 City of Clearwater Printed on 10/17/2018 File Number: ID#18-5187 Ste 345 Brookfield, WI 53005 Joe Burdette The Consus Group, LLC PO Box 4268 Clearwater, FL 33758 Page 2 City of Clearwater Printed on 10/17/2018 201 N. Franklin Street, Suite 2000 P.O. Box 1531 (33601) Tampa, FL 33602 813.273.4200 Fax: 813.273.4396 WWW.MFMLEGAL.COM EMAIL: BJA@MACFAR.COM 625 Court Street, Suite 200 P.O. Box 1669 (33757) Clearwater, FL 33756 727.441.8966 Fax: 727.442.8470 August 7, 2018 Via Electronic Mail and Hand Delivery Pamela K. Akin, City Attorney Mark Parry, AICP, Senior Planner Clearwater City Hall City of Clearwater 112 S. Osceola Avenue 100 S. Myrtle Avenue Clearwater, FL 33756 Clearwater, FL 33756 Re: Notice of Request for City Council to Terminate Development Agreement by Decade Companies Income Properties; DVA 2009-00001; 101 Coronado Drive Dear Attorney Akin and Mr. Parry: Please allow this correspondence to serve as notice under Section 13 of the Development Agreement dated October 6, 2009 between Decade Companies Income Properties and the City of Clearwater of the Developer’s request for the City Council to terminate the Development Agreement. A true and accurate copy of the Development Agreement dated October 6, 2009 is enclosed herewith for your reference. This request is made in conjunction and as a result of FLD 2018-06020. The Developer has completed all of its obligations under the terms of the Development Agreement and the Agreement is scheduled to terminate on October 6, 2019. The Developer requests that the City Council terminate the Development Agreement in order for FLD 2018-06020 to be approved by the Community Development Board and developed by the Developer. We understand the requested termination will require two readings before City Council and we request these readings to occur in October or November if possible. As always, feel free to call me at any time with any questions or concerns. I can be reached directly at (727) 444-1403. Thank you, /S/ Brian J. Aungst, Jr. Brian J. Aungst, Jr. Encl. Cc: Michael Fuino, Esq. Resolution No. 18-05 RESOLUTION NO. 18-05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A TERMINATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND BAYWAY HOTEL HOLDINGS, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (the “City”) entered into a Development Agreement with DECADE COMPANIES INCOME PROPERTIES (the “Property Owner”), for the allocation of up to 72 units from the Hotel Density Reserve under Beach by Design that was adopted by the City Council on October 6, 2009, via Resolution No. 09-03; and WHEREAS, the City desires to terminate said Development Agreement due to the Property Owner’s satisfactory fulfillment of the terms of the Development Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and DECADE COMPANIES INCOME PROPERTIES, a copy of which is attached as Exhibit “A,” is hereby terminated. Section 2. Authorize the City Council and all appropriate officials to execute the Termination of the Development Agreement, a copy of which is attached as Exhibit “B”. Section 3. This resolution shall take effect immediately upon adoption. Section 4. The City Clerk is directed to submit a recorded copy of the Termination of Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2018. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Resolution No. 2 Assistant City Attorney City Clerk KEN BURKE CLERK OF COURT PINELLAS COUNTY FLORIDA INST 2009273749 101512009at 1152 AMOFFRECBK16726PG12421271 DocTypeAGM RECORDING 25650 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT AGREEMENT is dated the day of Oct ate 2009 and entered into between DECADE COMPANIES INCOME PROPERTIES Developer its successors and assigns and the CITY OF CLEARWATER FLORIDA a political subdivision of the State of Florida acting through its City Council the governing body thereof City RECITALS WHEREAS one of the major elements of the Citys revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design and WHEREAS Sections 1633220 1633243 Florida Statutes which set forth the Florida Local Government Development Agreement Act Act authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City and WHEREAS under Section 1633223 of the Act the City has adopted Section 4 606 of the City of Clearwater Community Development Code Code establishingproceduresandrequirementstoconsiderandenterintodevelopmentagreementsand WHEREAS Beach by Design proposed additional hotel units to equalizedevelopmentopportunitiesonthebeachandensureClearwaterBeachremainsaqualityfamilyresortcommunitybyfurtherprovidingforalimitedpoolofadditionalhotelunits Hotel Density Reserve to be made available for such midsized hotel projects and WHEREAS the Developer controls approximately 0722 acres of real property Property in the corporate limits of the City consisting of 0722 acres of upland from the face of the seawall more particularly described on Exhibit A attached hereto and incorporated herein and WHEREAS the Developer desires to develop the Property by demolishingexistinghotelroomsandotherusesinordertoaddovernightaccommodationunitsminimalmeetingspaceforguestusegroundlevelpooltikibarpoolontheroofnew lobby and parking with parking spaces generally conforming to the architectural elevation dimensions shown in composite Exhibit B and WHEREAS upon completion the planned resort will contain 108 units which includes SeventyTwo 72 units from the available Hotel Density Reserve WHEREAS the City has conducted such hearings as are required by and in accordance with Chapter 1633220 Fla Stat 2008 and any other applicable law and WHEREAS the City has determined that as of the Effective Date ofthis Agreement the proposed project is consistent with the Citys Comprehensive Plan and Land Development Regulations and WHEREAS the City has conducted public hearings as required by 4206 and4606oftheCommunityDevelopmentCodeand WHEREAS at a duly called public meeting on August 20 2009 the City Council approved this Agreement and authorized and directed its execution by the appropriateofficialsoftheCityand WHEREAS the Community Development Board approved the design and siteplanasFLD200903013onMay19andJuly212009conditionedupontheapprovalandexecutionofthisAgreementand WHEREAS approval of this Agreement is in the interests of the City infurtheranceoftheCitysgoalsofenhancingtheviabilityoftheresortcommunity and infurtheranceoftheobjectivesofBeachbyDesignand WHEREAS Developer has approved this Agreement and has duly authorizedcertainindividualstoexecutethisAgreementonDevelopersbehalf STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises the mutual covenantscontainedhereinandothergoodandvaluableconsiderationthereceiptandsufficiencyofwhichareherebyacknowledgedthepartiesheretointendingtobelegallyboundand inaccordancewiththeActagreeasfollows SECTION 1 Recitals The above recitals are true and correct and are a part ofthisAgreement SECTION 2 Incorporation of the Act This Agreement is entered into incompliancewithandundertheauthorityoftheCodeandtheActthetermsofwhich as ofthedateofthisAgreementareincorporatedhereinbythisreferenceandmadeapartofthisAgreementWordsusedinthisAgreementwithoutdefinitionthataredefinedintheActshallhavethesamemeaninginthisAgreementasintheAct SECTION 3 Proyrly Sub ect to this Agreement The Property described inExhibitAissubjecttothisAgreementProperty 31 The Property currently has a land use designation of Resort Facilities HighRFHandiszonedTouristT 32 The Property is owned in fee simple by the Developer 33 The Property is generally located at 101 Coronado Drive Clearwater FL33767asmorefurtherdescribedinExhibitA 2 SECTION 4 Scope of Project 41 The Project shall consist of no more than 108 overnight accommodation units Such units may be traditional hotel rooms or fractional ownership units as defined by the Community Development Code The proposed density is 150 units per acre 42 The Project shall include 112 parking spaces as defined in the Community Development Code 43 The proposed height of the building is 89 feet to the roof deck 44 The design of the Project as represented in Exhibit B is consistent with Beach by Design except as otherwise shown on Exhibit B 45 No more than 25 of overnight accommodation units shall have full kitchens Such kitchens shall be limited to those units identified on the plans in Exhibit B as suites and shall not be located in any unit received from the Hotel DensityReserve 46 The project shall comply with the Metropolitan Planning OrganizationMPOcountywideapproachtotheapplicationofconcurrencymanagementfor transportation facilities SECTION 5 Effective DateDuration of this Agreement 51 This Agreement shall not be effective until this Agreement is properlyrecordedinthepublicrecordsofPinellasCountyFloridaandthirty30dayshave elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 1633239 and Clearwater Community Development Code Section 4606G2 52 Within fourteen 14 days after the City approves the execution of this Agreement the City shall record the Agreement with the Clerk of the Circuit Court forPinellasCountyTheDevelopershallpaythecostofsuchrecordingTheCityshall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen 14 days after the Agreement is recorded 53 This Agreement shall continue in effect until terminated as defined hereinbutforaperiodnottoexceedten10years SECTION 6 Obligations under this Agreement 61 Obligations of the Developer 611 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer its successors in interests or assigns 612 At the time of development of the Property the Developer will submit such applications and documentation as are required by law and shall comply with the Citys Code applicable at the time of building permit review 613 The following restrictions shall apply to development of the Property 6131 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit B and approved by the Community Development Board CDB as case number FLD200903013 Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification pursuant to the Code Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures ofthe Act and the Code as necessary and applicable Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County Florida 6132 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy in accordance with Code Section 4407 The Developer shall commence vertical construction defined as work on the project other than clearing grubbing or other preliminary site preparation work in accordance with applicableprovisionsoftheCodeandoftheFloridaBuildingCodeNothingherein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida BuildingCodeorfromseekinganamendmenttothisagreement 6133 The Developer shall execute prior to commencement a mandatory evacuationclosure covenant substantially in the form of Exhibit C that the accommodation use will closed as soon as practicableafterahurricanewatchthatincludesClearwaterBeachispostedbythe National Hurricane Center 614 Covenant of Unified Use Prior to the issuance of the first buildingpermitfortheProjecttheDeveloperherebyagreestoexecuteandrecordinthe Public Records of Pinellas County Florida the covenant of unified use and development for the Project Site providing that the Project Site shall be developedandusedasasingleprojecttheformofwhichcovenantisattachedasExhibit D provided however that nothing shall preclude the Developer from selling the Fractional Share Units or from selling all or a portion ofthe DevelopersPropertyintheeventthatDeveloperdeterminesnottoconstructtheProjectAdditionallypriortotheissuanceofthefirstbuildingpermitfortheProjecttheDeveloperherebyagreestoexecuteaDeclarationofUnityofTitlefortheProjectSite 4 providing that the Project Site shall be developed and used as a single project the form of which Declaration of Unity of Title is available from the City Planning Department It is understood and agreed that in the event that the Developer enters into the anticipated covenant of unified use and development and the Developer elects not to construct the Project and notifies the City of its election in writing and alternatively as ofthe date of expiration termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County Florida Additionally the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County Florida 615 Allocation of Units from Hotel Densi Reserve Return of units to the Reserve Pool Covenant Regarding Use of Hotel Density Reserve Units Subject to the terms and conditions of this Agreement the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 72 hotel units to the Project Site in accordance with applicable law In the event this Agreement is terminated pursuant to Section 10 ofthis Agreement or if any ofthe units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD200903013 and in accordance with Paragraph 6132or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve Units contained in the City of Clearwater Ordinance No 792508 said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project pursuant to Beach byDesignPriortotheissuanceoftheCertificateofOccupancyfortheProjectthe Developer agrees to execute and record a Covenant in the Public Records of Pinellas County Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD200903013 and by this Agreement 616 Transient Use Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one 1 month or thirtyone31consecutivedayswhicheverislessNothinghereinshallpreventapurchaserofafractionalshareunitfromowningaperiodoftimegreaterthanthirtyone31daysprovidedeveryoccupancyislimitedtoatermofone1monthorthirtyone31consecutivedayswhicheverisless 617 Execution and Recordation of Easement The Developer shall execute and record an easement in a form acceptable to the City Attorney and containing a legal description developed by the City Engineering Departmentgrantingperpetualuseforsidewalkandundergroundutilityinstallationand maintenance purposes of that area of current encroachment upon the Developers property by the City sidewalk The easement shall be recorded prior to the Effective Date ofthis Agreement as set forth in Section 5 above 62 Obligations of the City 5 621 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code 622 The final effectiveness of the redesignationsreferenced in Section 621 is subject to 6221 The provisions of Chapters 163 and 166 Florida Statutes as they may govern such amendments and 6222 The expiration of any appeal periods or if an appeal is filed at the conclusion of such appeal 623 Upon adoption of this Agreement the Project shall receive 72 units from the Hotel Density Reserve as defined in Beach by Design SECTION 7 Public Facilities to Service Develo ment The following public facilities are presently available to the Property from the sources indicated below Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval unless otherwise provided by law With respect to transportation and other public infrastructure and services subject to concurrency requirements all applicable concurrency provisions for the proposed development have been met 71 Potable water is available from the City The Developer shall be responsible for all necessary main extensions and applicable connection fees 72 Sewer service is currently provided by the City The Developer shall be responsible for all necessary main extensions and applicable connection fees 73 Fire protection from the City 74 Drainage facilities for the Property will be provided by the Developer at the Developerssole expense 75 Transportation concurrency requirements have been met 76 All improvements associated with the public facilities identified in Subsections 71 through 74 shall be completed prior to the issuance of any certificate of Occupancy 77 The Developer is responsible for the payment of any required impact fees SECTION S Required Local Government Permits The required local government development permits for development of the Property include without limitation the following 6 81 Site plan approvalsand associated utility licenses access and rightof way utilization permits 82 Construction plan approvals 83 Building permitsand 84 Certificatesof occupancy SECTION 9 Consistency The City finds that development of the Property is consistent with the terms of this Agreement and is consistent with the City Comprehensive Plan and the Code SECTION 10 Termination If the Developersobligations set forth in this Agreement are not followed in a timely manner as reasonably determined by the City Manager after notice to the Developer and an opportunity to be heard existing permits shall be administratively suspended and issuance ofnew permits suspended until the Developer has fulfilled its obligations Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard SECTION 11 Other Terms and Conditions 111 Except in the case of termination until ten 10 years after the date of this Agreement the Property shall not be subject to downzoning unit density reduction or intensity reduction unless the City has held a public hearing and determined 1111That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement or 1112 This Agreement is based on substantially inaccurate information provided by the Developer or 1113That the change is essential to the public health safety or welfare SECTION 12 Com liance with Law The failure of this Agreement to address any particular permit condition term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirementsconditionstermsorrestrictions SECTION 13 Notices Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery by nationallyrecognizedovernightcourierservicesuchasFederalExpressorbycertifiedmailreturn receipt requested addressed as follows copies as provided below shall be required for proper notice to be given If to the Developer Decade Companies Income Properties 7 1355 Bishops Court Ste 345 Brookfield WI 53005 With Copy to Keith Zayac Associates 701 Enterprise Road East Ste 404 Safety Harbor Florida 34695 If to City City of Clearwater City Attorney ATTN Pamela Akin Esq 112 South Osceola Avenue Clearwater FL 33756 Properly addressed postage prepaid notices or communications shall be deemed delivered and received on the day of hand delivery the next business day after depositwithanovernightcourierservicefornextdaydeliveryoronthe3rddayfollowingdepositintheUnitedStatesmailcertifiedmailreturnreceiptrequestedThepartiesmaychangetheaddressessetforthaboveincludingtheadditionofamortgageetoreceivecopiesofallnoticesbynoticeinaccordancewiththisSection SECTION 14 Assi nments 141 By the Developer 14 11 Prior to the Commencement Date the Developer may sell conveyassignorotherwisedisposeofanyorallofitsrighttitleinterestandobligationsinandtotheProjectoranypartthereofonlywiththepriorwrittennoticetotheCityprovidedthatsuchpartyhereinafterreferredtoastheassigneetothe extent of the sale conveyance assignment or other disposition by the Developer totheassigneeshallbeboundbythetermsofthisAgreementthesameastheDeveloperforsuchpartoftheProjectasissubjecttosuchsaleconveyanceassignmentorotherdisposition 1412 If the assignee ofthe Developersright title interest andobligationsinandtotheProjectoranypartthereofassumesalloftheDevelopersobligationshereunderfortheProjectorthatpartsubjecttosuchsaleconveyanceassignmentorotherdispositionthentheDevelopershallbereleasedfromallsuchobligationshereunderwhichhavebeensoassumedbytheassigneeandtheCityagreestoexecuteaninstrumentevidencingsuchreleasewhichshallbeinrecordableform 1413 An assignment of the Project or any part thereof by the DevelopertoanycorporationlimitedpartnershiplimitedliabilitycompanygeneralpartnershiporjointventureinwhichtheDeveloperoranentityundercommoncontrolwithDeveloperhaseitherthecontrollinginterestorthroughajointventureorotherarrangementsharesequalmanagementrightsandmaintainssuchcontrollinginterestorequalmanagementrightsshallnotbedeemedanassignment 8 or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement provided however that notice of such assignmentshallbegivenbytheDevelopertotheCitynotlessthanthirty30dayspriorto such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of suchassignment 1414 No assignee purchaser sublessee or acquirer of all or any part of the Developersrights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developersobligations with respecttoanyotherParcelbyvirtueofthisAgreementunlessanduntilsuchassigneepurchasersublesseeoracquirehasexpresslyassumedtheDeveloperssuchotherobligations 1415 Notwithstanding any other provision of this paragraph the sale ofindividualIntervalOwnershipUnitsintheordinarycourseofbusinessshallnotbesubjecttotherequirementsofthisparagraph 142 Successors and Assigns The terms herein contained shall bind and inure tothebenefitoftheCityanditssuccessorsandassignsandtheDeveloperandasapplicabletothepartiescomprisingDevelopertheirpersonalrepresentativestrusteesheirssuccessorsandassignsexceptasmayotherwisebespecificallyprovidedherein SECTION 15 Minor NonCompliance The Developer will not be deemed tohavefailedtocomplywiththetermsofthisAgreementintheeventsuchnoncomplianceinthejudgmentoftheCityManagerreasonablyexercisedisofaminororinconsequentialnature SECTION 16 Covenant of Cooperation The parties shall cooperate with anddealwitheachotheringoodfaithandassisteachotherintheperformanceoftheprovisionsofthisAgreementandinachievingthecompletionofdevelopmentoftheProperty SECTION 17 A rovals Whenever an approval or consent is required under orcontemplatedbythisAgreementsuchapprovalorconsentshallnotbeunreasonablywithhelddelayedorconditionedAllsuchapprovalsandconsentsshallberequestedandgrantedinwriting SECTION 1 Completion of Agreement Upon the completion of performanceofthisAgreementoritsrevocationorterminationastatementevidencingsuchcompletionrevocationorterminationshallbesignedbythepartiesheretoandrecordedintheofficialrecordsoftheCity SECTION 19 Entire Agreement This Agreement including any and allExhibitsattachedheretoallofwhichareapartofthisAgreementtothesameextent as ifsuchExhibitsweresetforthinfullinthebodyofthisAgreementconstitutestheentireagreementbetweenthepartiesheretopertainingtothesubjectmatterhereof 9 SECTION 20 Construction The titles captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section subsection or provision of this Agreement Whenever the context requires or permits the singular shall include the plural and plural shall include the singular and any reference in this Agreement to the Developer includes the Developerssuccessors or assigns This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinarymeaningandshouldnotbestrictlyconstruedagainstanypartyheretobasedupondraftsmanshipIfanytermorprovisionofthisAgreementissusceptibletomorethanone interpretation one or more of which render it valid and enforceable and one or more of which would render it invalid or unenforceable such term or provision shall be construed in a manner that would render it valid and enforceable SECTION 21 Partial Invaliditv If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceabletheremainderofthisAgreementincludinganyvalidportionoftheinvalidtermor provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect Notwithstanding the foregoing if such responsibilities of any party hereto are thereby limited to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated such party shall have the right to terminate this Agreement upon fifteen 15 days written notice to the other parties SECTION 22 Code Amendments Subsequently adopted ordinances and codesoftheCitywhichisofgeneralapplicationnotgoverningthedevelopmentoflandshallbeapplicabletothePropertyandsuchmodificationsarespecificallyanticipatedinthis Agreement SECTION 23 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to the conflictoflawsprinciplesofsuchstate SECTION 24 Counter arts This Agreement may be executed in counterpartsallofwhichtogethershallcontinueoneandthesameinstrument SECTION 25 Amendment This Agreement may be amended by mutualwrittenconsentoftheCitytheDeveloperandtheAssociationsolongastheamendment meets the requirements of the Act applicable City ordinances and Florida law 10 IN WITNESS WHEREOF the parties have hereto executed this Agreement the date and year first above written Countersigned CITY CITY OF CLEARWATER a Florida municipal corporation 4rl BY Frank Hibbard William B Horne II MayorCommissioner City Manager Date QSA 2i00a Appr ved as to fo Leslie K DougallSi es Assistant City Attorn OWNER Dl By Title Date Attest C is E Goudeau Cit Jerk E FON ANIES INCOME PROPER LO Corporate Seal Wit ssesA Signature P T W Ve V Pri n e Signature Print name II rrra EXHIBIT A Legal Description of Project Site ATTACHMENT A HOLIDAY INN EXPRESS LEGAL DESCRIPTION NORTH PARCEL LEGAL DESCRIPTION Begin at the Southwest corner of Water Lot 1 CITY PARK SUBDIVISION accordingtomaporplatthereofasrecordedinPlatBook23Page37ofthePublicRecordsofPinellasCITYFloridarunthenceWestalongtheEastWestCenterLineofSection8Township29SouthRange15East15feettothePOINTOFBEGINNINGthenceSouth53230WestalongEastrightofwaylineofCoronadoDrive1626feetthenceSouth842730East100feetthenceNorth53230East7806feetthenceNorthwesterlyalongexistingconcreteseawall11338feetmoreorlessthenceSouth61000West8263feetthenceSouth42511East2574feettothePointofBeginning AND Begin at the Southwest corner of Water Lot 1 of CITY PARK SUBDIVISION asrecordedinPlatBook23Page37PublicRecordsofPinellasCITYFloridaand runthenceWestalongtheEastandWestCenterLineofSection8Township29SouthRange15East15feettotheEasterlylineofCoronadoDrivethenceSouth53230West1626feetforthePOINTOFBEGINNINGthencecontinueSouth53230West100feettotheNortherlylineofFirstAvenuethenceSouth842730East100feetalongtheNortherlylineofFirstAvenuethenceNorth53230East100feetthenceNorth842730West100feettothePointofBeginning SOUTH PARCEL LEGAL DESCRIPTION The North 100 feet of the West 110 feet of Lot 1 Block B COLUMBIA SUBDIVISION according to the map or plat thereof as recorded in Plat Book 23 Page 60 Public Records of PinellasCountyFlorida EXHIBIT B Site and Building Plans 13 u C F wM Ntl Id aLIS s N T e9 9009 Le O7 uX008H e6caNvz 968 3uns M103 SdO NI LQUe VQINOLd NU MNV310 amm orVNOu i0i sH5591H R O w a g i s3LLEadoad 21MOON1 SNINVdIOO WHOM n a 1 u 9 r SSqNdQ NMI AVQPION a UH3NM0 S 5 w HIM ka 3 ja i wCHt 7t 8 r Ran 9 t tttt Attt ar a Fpaas9Mill a3 a 3e A trcc t ate t ReaR a m fl hwhi 9p 2 a 7 d III 1 e w I d J I I 1 I jjk Ir i r tlc A if I 5 t 1 I III 4Y a 1 IdO I I I e2s IF V 0 LL F 0 z a C VCMHO11HOd39 U3L MUV31O OL6Z609ES IIUOl3 VcAV4 L 3Nldd OCNNOWO L01 IS 18 NOSd33N3H OOE SS3UJX3 NNI AdOIOH 103UHOUV11 S111N d YYb1IIAA g OMIdVd X13 flSkU13 aWOIJ HOd3S d2lVMUV@10 MZ609E6 31UOIl b lMi ijill RAII1O OOdNOW03 M OP n 113 NOSU33N3H OOEE 0 SSBUdXSl NNI A 3IOH 1O2IHOUV II STIN I6IMdllAA h ONDIUVA 600 ONOOS 4 a Y 4 Va1801d HO 3nIUOOdVVNNOUOO 8L6Z O 8 NOSSBONHOo 0 SSBUdX3 NN AVQE10H 103JJHOHV H STIIW l VM1 IU1 IMINIIIII DNDIHVd d00Il aUk1 OIUOIl HOV20 URIVMValO 8L6Z609eg V31601H VJvgvi MHa OadNOUOO M ads 18 NOSUMN3H SS3UdX3 NNI AdaIIOH 10311HOUV II S111H J V4VIIAA 0 a JNDIWVd WOOIJ H11110 a s i 11 i d i a VOIHOIJ HOb313 UBIVMUV310 SW609EB V31UO1d ddrAvi IL11111 BANG O IVNOHIOO LOd OP a 18 NOSW30N3H 00 ss3UdX3 NEVI A al10H 103UHOUV II MIN J VVdIIAA Oll SV40OU IMOH UOO11 HIl 0 SS3UdX3 NNI Ada1OH 103JJHOUV 11 SIIIVN J NVtIIIA01 SV400H1310H SU0011 LBO PUR41L R9 01801JHOV38 U31VMUV310 86ZW9CC VIIUO13 JV4V1 WHIR 3AINQ OaVNOUOD LOI OAS a X13 NOSUMN3W OOEE SSBWcIX3 NNI AbOIOW fill 0 SINOOH 130OW HOO11 W13NIIN VIIHOIJ HOV3S ULLVMHV310 MZ609Ee Va UOH VcIV4 I 3NIlO 0OdN0800 LM ads 18 N1OS83OIV3H OOCC SS3WclX2 NNI AdOI1OH 1O3JJH0Pdd IB SIVN J NVbIIAh 1008 SV400LI 1910H UOOIJ H I NP 1 i e 0 IMi 3i d d Z VCIUDW 14OV319 H LVNWWaI3 SM VCL40U VcDWI 311NG OCWNOUOO DX OP R M NCGH3004 OOCC SS3WX3 NNE AVCFIOH 103 540UV I ST IM I ViVrrVA1V3 l IV Y y ii VaMOWHOVM HRLe RD VOLIOW VcWW Emil0SGaMX3NNVarHJ1111dSlitN1ftTblf1file 1S3M INOLLVAEnii Y F EXHIBIT C COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS PLEASE RETURN RECORDED DOCUMENT TO Leslie K DougallSides Esquire City of Clearwater 112 S Osceola Ave PO Box 4748 Clearwater FL 33755 THIS DECLARATION OF COVENANTS AND RESTRICTIONS Declaration is made as of the day of 2009 by Decade Companies Income Properties Developer Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof hereinafter the Real Property The City of Clearwater Florida the City has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design a plan for the revitalization of Clearwater Beach The designation of Clearwater Beach as a Community Redevelopment District the Designation provides for the allocation of Hotel Density Reserve Units as an incentive for the development ofmidsized quality hotels Pursuant to the Designation the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards including a requirement that resorts containing ahotel developedwithHotelDensityReserveUnitsshallbeclosedandallGuestsevacuatedfromsuch resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds The City has granted by City Council Resolution 0923 passed and approved on August 20 2009 Developersapplication for Hotel Density Reserve Units pursuant to the Designation subject to Developerscompliance with the requirements of the DesignationDeveloperdesiresforitselfanditssuccessorsandassignsasownertoestablishcertain rights duties obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation which rights duties obligationsandresponsibilitiesshallbebindingonanyandallsuccessorsandassignsandwillrun with the title to the Real Property 14 THEREFORE in consideration of the covenants and restrictions herein set forth and to be observed and performed and in further consideration of the allocation of Hotel Density Reserve Units to Developer and other good and valuable consideration the sufficiency of which is hereby acknowledged Developer hereby declares covenants and agrees as follows 1 Benefit and Enforcement These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit ofthe residents ofthe City and shall be enforceable on behalf of said residents by the City Council of the City 2 Covenant of Development Use and Operation Developer hereby covenants and agrees to the development use and operation of the Real Property in accordance with the provisions of this Declaration 21 Use The use of the resort on the Real Property is restricted as follows 211 A maximum of SeventyTwo units which is the number ofhotel units allocated to Developer shall be used solely for transient occupancy of one month or thirty 30 consecutive days or less must be licensed as a public lodging establishment and classified as a hotel and must be operated by a single licensed operator of the hotel No such hotel unit shall be used as aprimary or permanent residence 212All other 36 units shall be licensed as a public lodging establishment No unit shall be used as a primary or permanent residence 213 As used herein the terms transient occupancy public lodgingestablishmenthoteltimeshareandoperatorshallhavethe meaning given to such terms in Chapter 509 Part I Florida Statutes 2004 22 Closure of Im rovements and Evacuation The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center which hurricane watch includes Clearwater Beach and all Hotel guests visitors and employees other than emergency and securitypersonnelrequiredtoprotecttheresortshallbeevacuatedfromtheHotelassoonas practicable following the issuance of said hurricane watch In the event that the National Hurricane Center shall modify the terminology employed to warn ofthe approach of hurricane force winds the closure and evacuation provisions ofthis Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast ofprobable landfall in order to ensure that the guestsvisitorsandemployeeswillbeevacuatedinadvanceoftheissuanceofaforecastof probable landfall Effective Date This Declaration shall become effective upon issuance of 15 all building permits required to build the project Project and Developers commencement of construction of the Project as evidence by a Notice of Commencement for the Project This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated 4 Governing Law This Declaration shall be construed in accordance with and governed by the laws of the State of Florida 5 Recording This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County Florida 6 Attorneys Fees Developer shall reimburse the City for any expenses including reasonable attorneys fees which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief whether by agreement of the parties or throughorderofacourtofcompetentjurisdiction 7 Severability If any provision or part thereof of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to a invalid or unenforceable the remainder ofthis Declaration or the applicationofsuchprovisionorportionthereoftoanypersonorcircumstanceshallnotbeaffected thereby and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law IN WITNESS HEREOF Developer has caused this Declaration to be executed this TIb day of OWNER DFCAE EE CAYPANIES INCOME PROPERTIES Sy Title Dater I I I 1 a Corporate Seal Witnesses LO SignaturePpc VJ IJ V 4Prin e s G Print name 16 EXHIBIT D COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO Leslie K DougallSides Esquire City of Clearwater 112 S Osceola Ave PO Box 4748 Clearwater FL 33756 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE the Agreement is executed this day of 2009 by Developer WITNESSETH WHEREAS Developer is the owner ofthe real property legally described on Schedule A attachedheretoandincorporatedhereinbyreferencetheRealPropertyand WHEREAS Developer and the City of Clearwater Florida the City are parties to that certainDevelopmentAgreementdated2009theDevelopmentAgreementpursuanttowhich theCityhasagreedthatDevelopermaydevelopandconstructupontheRealPropertyahotelprojectasdescribedintheDevelopmentAgreementtheProjectand WHEREAS Developer intends to develop and operate the Real Property for a unified use as moreparticularlydescribedinthisAgreement NOW THEREFORE in consideration of the sum of Ten Dollars 1000 and other good and valuableconsiderationthereceiptandsufficiencyofwhichareherebyacknowledgedDeveloperdoesherebyagreethateffectiveasofthedateonwhichDeveloperreceivesallpermitsrequiredtoconstructtheProjectandDevelopercommencesconstructionthereofasevidencedbyaNoticeofCommencementfortheProjecttheRealPropertyshallbedevelopedandoperatedasahotelandfractionalshareintervalownershipprojectasdescribedintheDevelopmentAgreementTherestrictionssetforthintheprecedingsentenceshallexpireautomaticallywhenandifDevelopersallocationofadditionalhotelunitsasdefinedintheDevelopmentAgreementexpiresoristerminatedNothinginthisAgreementshallrequireDevelopertodeveloptheProjectorrestrictDevelopersabilitytosellassigntransferorotherwiseconveyitsrightinandtotheRealPropertyoranyportionorportionsthereoftounrelatedthirdpartiesFurthernothinginthisAgreementshallprecludethepurchaseandsaleofoneormoreFractionalShareUnitstobeconstructedasapartoftheProjecttheFractionalOwnershiporHotelUnitsasdefinedintheDevelopmentAgreementifsoldinacondominiumformofownershiptoseparateunrelatedthirdpartiesprovidedthatsuchFractionalShareOwnershiporHotelUnitsareoperatedandoccupiedaspartoftheProjectasasingleunifiedprojectthroughoutthetermofthisAgreementDeveloperagreesthattheCityshallhavetherighttoenforcethetermsandconditionsofthisAgreement Notwithstanding the foregoing all Hotel Units may be operated by a single hotel operator and allFractionalShareUnitsmaybeoperatedbyadifferentsinglemanagementfirmoperator 17 IN WITNESS WHEREOF Developer has caused this Agreement to be executed this i day of 2009 OWNER DECADE C A By Title Date INCOME PROPERTIES Ak U Corporate Seal Witnesses B Signature P AT v u P Prin e Signature r0 VrVC Print name 18 TERMINATION AND RELEASE OF A HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENT (the "Termination"),between DECADE COMPANIES INCOME PROPERTIES. (the Property Owner) and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof (the "City") is dated the _______ day of _______________, 201__. RECITALS: WHEREAS, the City of Clearwater entered into a Development Agreement (the “Agreement”) with the “Property Owner,” for the allocation of up to 72 units from the Hotel Density Reserve, under Beach by Design, for the Property at 101 Coronado Drive, Clearwater, FL 33767 (the “Property”); and WHEREAS, the Agreement was adopted by the City Council on October 6, 2009, via Resolution No. 09-03; and WHEREAS, as a condition of approval for the allocation of up to 72 units from the Hotel Density Reserve under Beach by Design, Section 6.1.3.1 required the Property Owner to develop the Property in substantial conformance with the conceptual site plan attached to the Agreement; and WHEREAS, the City has determined that the Property Owner has satisfactorily completed the development of the Property consistent with conceptual site plans that were part of the Agreement; and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the Applicant and the City desire to terminate said Development Agreement due to the Property Owner’s successful completion of the project and full compliance with the terms of the Development Agreement; and WHEREAS, at a duly noticed and convened public meeting on ______________________, 201__, the City Council thereby passed Resolution 18-05 consenting to the termination and release of the Development Agreement; and WHEREAS, termination of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and NOW, THEREFORE,in consideration of the recitals set forth above, which are incorporated herein by this reference, Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City terminates the Agreement and hereby releases the Property from all terms, conditions, agreements, grant of rights, and covenants contained in the Agreement, including, without limitation,the allocation of up to 72 units from the Hotel Density Reserve because the units have been used as contemplated by the Agreement and therefore there are no units which can revert back to the reserve. The City hereby affirms that: (a) no provision, term, covenant or condition in said Agreement remains in effect as of the date hereof; and (b) the Property retains no right, title or interest of any kind or nature in said Hotel Density Reserve units because the units have been used as contemplated by the Agreement and therefore there are no units which can revert back to the reserve. THIS TERMINATION AND RELEASE has been executed as of the above-written date by the City. CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Michael P. Fuino, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 18, 2018 AGENDA ITEM: G.2. CASE: DVA2009-00001A (related to FLD2009-03013 and FLD2018- 06020) REQUEST: The Community Development Board (CDB) is reviewing a termination of the Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, which provided for the allocation of 72 units from the Hotel Density Reserve under Beach by Design for the property located at 101 Coronado Drive because the applicant has successfully met the obligations of the agreement and that the development of the property is consistent with conceptual site plans that were part that agreement (Section 18 of the Development Agreement), and making a recommendation to the City Council. GENERAL DATA: Agent……………………… Michael J. Palmer, P.E.; Synergy Civil Engineering, Inc. Owner…………………...... Decade Companies Income Properties and Decade Sea Captain LLC. Location…………............. 101 Coronado Drive; the southeast and northeast corners of Coronado and Devon Drives. Site Size…......................... 0.72-acres Future Land Use Plan...... Resort Facilities High (RFH) Zoning…………………….. Tourist (T) District Special Area Plan……….. Beach by Design (Small Motel District) Adjacent Zoning... North: Tourist (T) District South: Tourist (T) District East: Tourist (T) District West: Tourist (T) District Existing Land Use............ Hotel Proposed Land Use……... Hotel (no change) Planning & Development Department Level Two Flexible Development Application Review Development Review Division Community Development Board September 18, 2018 DVA2009-00001A – Page 2 ANALYSIS: Location and Existing Conditions: The 0.72-acre subject site is located at the southeast and northeast corners of Coronado and Devon Drives. The subject site is comprised of one parcel with a frontage of approximately 320 feet along Coronado Drive and 100 feet along Devon Drive. The south portion of the parcel (on the south side of Devon Drive) is occupied by an 18-space surface parking lot. The north portion (on the north side of Devon Drive) is occupied by a 108-room hotel (Pier House 60 Clearwater Beach Marina Hotel). The property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and is located within the Small Motel District of Beach by Design. Vehicular access to the site is provided via two curb cuts along the north side of the site along Devon Drive and a third curb cut along the south side of Devon Drive to the surface parking lot. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation/entertainment, restaurant and attached and detached dwelling uses. The City’s Beach Walk project has transformed South Gulfview Boulevard farther to the west of the site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Coronado Drive has also been improved over the last several years with City-installed sidewalks, decorative brick edging and details, crosswalks, lighting and street trees. Planning & Development Department Level Two Flexible Development Application Review Development Review Division Community Development Board September 18, 2018 DVA2009-00001A – Page 3 Site History:  On November 15, 2005, the Community Development Board (CDB) approved, with three conditions, Case No. FLD2005-08089 to permit the parking lot located at 41 Devon Drive (east parcel). This application is considered vested because all conditions of approval have been met and the project has been constructed.  On May 19, 2009, the Community Development Board (CDB) approved, with 13 conditions, Case No. FLD2009-03013 (related to DVA2009-00001) to permit the parking lot and hotel at 101 Coronado Drive (west parcel). This application is considered vested because all conditions of approval have been met and the project has been constructed.  On October 6, 2009, the City Council approved a Development Agreement (DVA2009- 00001) providing for the allocation of units from the Hotel Density Reserve (related to FLD2009-03013). It is important to note that the development agreement (DVA2009-00001) expires on October 6, 2019. The conceptual site plan approved as part of that agreement (and also subsequently as part of the related and approved Level Two Flexible Development application, FLD2009-03013) has been constructed. The applicant has, concurrent with this request to terminate the development agreement, submitted a Level Two Flexible Development application (FLD2018-06020). That request includes the replacement of the surface parking lot on the subject site as well as the surface parking on the adjacent site to the east (41 Devon Drive) with a five-story parking garage. The applicant has opted to terminate the existing Development Agreement rather than amend it because the requirements of the Development Agreement have been fulfilled as pursuant to Section 18 of the agreement. No changes of any kind are proposed to any portion of the site on the north side of Devon Drive. Development Proposal: The proposal is to demolish the existing surface parking lots on the site and build a five-floor parking garage with a total of 174 spaces, 24 of which will be dedicate to general public parking. The remaining 150 spaces will be dedicated to the existing Pier 60 Marina Hotel (17 spaces) and the approved (although not yet constructed) hotel at 40 Devon Drive (118 spaces) leaving an additional unassigned 15 spaces. The parking garage will be located generally where the existing surface parking lot is located as well as where the surface parking lot is located on the adjacent site to the east. The building height will be 45 feet (from Base Flood Elevation) to roof deck. A full analysis of the parking garage is included as part of the review of the companion Level Two Flexible Development application (FLD2018-06020). Development Agreement: On October 6, 2009 a Development Agreement was made effective between the property owner and the City of Clearwater which provided 72 units from the Hotel Density Reserve (DVA2009- 00001/Resolution 09-03). Planning & Development Department Level Two Flexible Development Application Review Development Review Division Community Development Board September 18, 2018 DVA2009-00001A – Page 4 Section 6.1.3.1 of the Development Agreement required the Property Owner to develop the Property in substantial conformance with the conceptual site plan attached to the Agreement. Section 6.1.6 provides that all units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. After receiving approval of DVA2009-00001 the applicant submitted the associated site plan for approval as part of a Level II Flexible Development application (FLD2009-03013). This application was approved by the Community Development Board on May 19, 2009. Permits (BCP2011-02294 and BCP2011-02294A, et.al) for site and building construction were submitted on February 18, 2011 and June 10, 2011, respectively. All permits have been listed as completed and a Certificate of Occupancy was issued on November 15, 2012 effectively closing out the project. The City has determined that the Property Owner has successfully met the obligations of the Agreement and that the development of the property is consistent with conceptual site plans that were part that agreement. The applicant has submitted a request to terminate the Development Agreement pursuant to Section 18 of the agreement. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The CDB has also been provided the proposed site plan and elevations as part of FLD2018- 06020. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of August 2, 2018, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB). Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 0.72-acre subject site is located at the southeast and northeast corners of Coronado and Devon Drives; 2. The site is occupied by a 108-unit hotel (north portion of the parcel) and an 18-space surface parking lot (south portion of parcel); 3. On May 19, 2009, the Community Development Board (CDB) approved, with 13 conditions, Case No. FLD2009-03013 (related to DVA2009-00001) to permit the parking lot located and hotel at 101 Coronado Drive. This application is considered vested because all conditions of approval have been met and the project has been constructed; Planning & Development Department Level Two Flexible Development Application Review Development Review Division Community Development Board September 18, 2018 DVA2009-00001A – Page 5 4. On August 20, 2009, the City Council approved a Development Agreement (DVA2009- 00001) providing for the allocation of units from the Hotel Density Reserve (related to FLD2009-03013); 5. The proposed is to terminate the Development Agreement approved as part of DVA2009- 00001/Resolution 09-03 pursuant to Section 18 of the Agreement; 6. The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH); 7. The subject site is located in the Small Motel District of Beach by Design; and, 8. The applicant has, concurrent with this request to terminate the development agreement, submitted a Level Two Flexible Development application (FLD2018-06020 which amends FLD2009-03013); 9. The proposal is to demolish the existing surface parking lots on the site and build a single five-floor parking garage with 174 spaces 24 of which will be dedicate to general public parking. The remaining 150 spaces will be dedicated to the existing Pier 60 Marina Hotel (17 spaces) and the approved (although un-built) hotel at 40 Devon Drive (118 spaces) leaving an additional unassigned 15 spaces. The parking garage will be located generally where the existing surface parking lot is located as well as where the surface parking lot is located on the adjacent site to the east. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the request is consistent with CDC Section 1-103 (General Purpose); 2. That the request complies with the standards and criteria of Section 4-606 of the Community Development Code; and 3. The applicant has opted to terminate the existing Development Agreement rather than amend it because the requirements of the Development Agreement have been fulfilled as pursuant to Section 18 of the agreement. The Planning and Development Department, having made the above findings of fact and conclusions of law, recommends APPROVAL and recommendation of APPROVAL to the City Council, of the Termination of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, for the property at 101 Coronado Drive. Prepared by Planning and Development Department Staff: ______________________________ Mark T. Parry, AICP, Senior Planner ATTACHMENTS: Resume, Photographs Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Active 2/6/2017 DVA2013-03001 / HDA2014-02001 / FLD2013-03011 / FLD2014-03007 BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015 316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is Active 300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is Active 521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 5/24/2015 HDA2014-04002 / FLD2013-11038 / FLD2014-06019 site plan as related to HDA214-04002 approved as part of FLD2013-11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is Active. 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 6/23/2015 6/23/2017 DVA2013-02001 / FLS2013-02006 Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Active; BCP2016-01459 - issued 03-29-2016 and is Active. Total Rooms Allocated from Reserve 463 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001 FLD2012-03008 approved; time extension granted 08-21-2018: site plan expiration is 01-25-2020; BCP2014-08618 issued 08/13/2015; Permit Status is HOLD - Two Partial Passes and Two Failed inspections. 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 1/4/2021 1/4/2021 HDA2013-08004 / FLD2014-12034 FLD2014-12034 approved; time extension granted 08-20-2018: site plan expiration is 03-02-2022; BCP not submitted as of 09-20-2018 353 Coronado Drive (Parcel B) (345 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/14/2020 6/14/2020 HDA2013-08005 / FLD2015-02005 FLD2015-02005 approved; time extension granted 06-01-2018: site plan expiration is 06-14-2020; BCP not submitted as of 09-20-2018 405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 12/12/2021 12/12/2021 HDA2013-08006 / FLD2015-05016 FLD2015-05016 approved; time extension granted 11-15-2017; site plan expiration is 12-12-2021; BCP not submitted as of 09-20-2018 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 40 Devon Drive (Sea Captain)66 98 0.659 148.70 32 N/A 10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02-08-2021; BCP not submitted as of 09-20-2018 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 60 N/A 11/20/2014 11/28/2018 11/28/2018 HDA2014-08007 / FLD2015-02004 FLD2015-02004 approved; time extension granted 11-27-2018; site plan expiration is 11-28-2018; BCP not submitted as of 09-20-2018 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10-22-2021; BCP not submitted as of 09-20-2018 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 FLD2014-11031 approved; time extension granted 12-29-2017; site plan expiration is 02-22-2022; BCP not submitted as of 09-20-2018 355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A 7/20/2017 TBD TBD HDA2017-04001 / FLD2017-07012 / APP2017-00001 awaiting signed Agreement in order to fill in the dates for "site plan approval needed by" and "final project expiration"; approval has been appealed to Circuit Court 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/6/2018 9/6/2019 9/6/2019 HDA2018-04001 The original HDA (HDA2016-09001) expired and the 10 units were retunred to the Reserve. The same applicant has resubmitted their application at this address and is therefore listed twice in this sheet, once in this line item and once under units returned to the reserve, below. Total Rooms Allocated from Reserve 887 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes FLD2015-09036 approved; time extension granted 12-29-2017; site plan expiration is 08-16-2021; BCP not submitted as of 09-20-2018 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. HOTEL DENSITY RESERVE PROJECTS - APPROVED HOTEL DENSITY RESERVE PROJECTS - PENDING HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227100 10 Bay Esplanade 35 TBD 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 working on it; pending litigation on 355 Gulfview - 12-05-2017 - MTP Total Rooms Pending Allocation 35 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,350 Total Rooms Pending Allocation 35 Total Remaining For Allocation 0 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 706 Bayway 15 32 0.349 91.69 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15- 2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council July 20 and August 3, 2017; removed from top two tables; does not count towards rooms allocated. 625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Agreement terminated; removed from top two tables; does not count towards rooms allocated. 657 Bay Esplanade 10 27 0.35 77.14 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. Total Rooms Returned 94 HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: TA2018-06003 Agenda Date: 10/18/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Deny amendments to the Clearwater Community Development Code to expand the allowance of self-storage warehouses as a flexible standard use, along with use specific standards and minimum off-street parking requirements, in the Regional Center Subdistrict of the US 19 Zoning District where it is currently permitted in the Corridor Subdistrict and do not pass Ordinance 9161-18 on first reading. (TA2018-06003) SUMMARY: Pursuant to Community Development Code Section 4-601.B, amendments to the Code may be initiated by the City Council, the Community Development Coordinator or by any person in conjunction with an application for a development approval. Savelle Clearwater Countryside, LLC, owner of property located at 26489 US Highway 19, submitted an application for a text amendment to allow self -storage warehouses in the Regional Center Subdistrict of the US 19 Zoning District, along with the required development application, as the owner has a pending purchase agreement with Broome Capital, a real estate investment and development company that pursues infill self -storage development opportunities. The original proposed text amendment was presented to the Community Development Board at its August 21, 2018 meeting. Prior to the Board making a recommendation, the applicant requested a continuance in order to revise the ordinance to address the Board ’s concerns. The applicant submitted a revised text amendment for consideration by the Community Development Board at its September 18, 2018 meeting at which time the Board unanimously recommended denial. At present, self-storage warehouses are allowed as a flexible standard use in the Corridor Subdistrict of the US 19 zoning district. Proposed Ordinance 9161-18 would expand the allowance of this use by also permitting it in the Regional Center Subdistrict as a flexible standard use and would establish the following use specific and parking standards. ·Allow use along Street Frontage Type C ·Require 100% of ground floor frontage and 20% of the total ground floor area to be occupied by retail, restaurant, and /or office uses not associated with the self -storage warehouse use ·Require access to all storage units from the building interior ·Prohibit outdoor storage ·Require one parking space /150 storage units (Corridor Subdistrict standard was one space/20 units +2 spaces for manager’s office) The US 19 Regional Center subdistrict is the most intensive subdistrict in the District and was created to support mixed -use development with an emphasis on employment -intensive and transit supportive uses. Warehouses were deliberately excluded because they do not meet those goals as they do not generate activity and result in dead spaces; they provide for Page 1 City of Clearwater Printed on 10/17/2018 File Number: TA2018-06003 low-average wages and have extremely limited employment generation. Because there is a recognized community desire for self -storage, the US 19 District provided a place for it in the Corridor Subdistrict. This subdistrict is more suited for the use due to the locational characteristics of the subdistrict and the fact the planned level of pedestrian activity and compact development is significantly less than in the Regional Centers. The proposed text amendment to the Community Development Code is inconsistent with goals and objectives of Clearwater Greenprint, Clearwater Economic Development Strategic Plan, US 19 Corridor Redevelopment Plan and the Clearwater Comprehensive Plan and is inconsistent with the purposes of the Community Development Code therefore the Planning and Development Department recommends denial. The Community Development Board, after conducting public hearings on August 21 and September 18, 2018, unanimously recommended denial of this proposed text amendment. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/17/2018 1 ORDINANCE NO. 9161-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO ADD REQUIREMENT FOR GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE FOR SELF STORAGE WAREHOUSE USE; MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO ALLOW SELF STORAGE WAREHOUSE USE WITH REQUIRED GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE USES IN REGIONAL CENTER SUBJECT TO FLS APPROVAL; MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO MODIFY PARKING REQUIREMENTS FOR SELF-STORAGE WAREHOUSE USE WITH REQUIRED GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE TO SUPPORT PEDESTRIAN ACTIVITY; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “promote employment and transit forms, patterns, and intensities of development.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “encourage development of mixed use destinations at major cross streets.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to have uses that “provide for the design of safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS, the vision of the US-19 Regional Center Plan primarily depicts having multi- story buildings as opposed to single story buildings. WHEREAS, multi-story mixed use buildings with “office” or “attached dwelling” above first floor ground floor Retail, Restaurant, or Office uses are not always feasible to be developed, especially on smaller sized parcels with constraints to meet required parking for multi-story residential or office buildings under the Development Code. WHEREAS, “Automobile service stations” is an allowed passive use in the Regional Center, as provided on Table 2. WHEREAS, “Schools” is an allowed passive use in the Regional Center, as provided on Table 2. 2 WHEREAS, “Parking garages” is an allowed passive use in the Regional Center, as provided on Table 2, that allows for the storage of vehicles. WHEREAS, “Self-storage warehouse,” is a passive use that allows for the storage of things which is not allowed in the Regional Center per Table 2. WHEREAS, the City of Clearwater recognizes the active use of ground floor Retail, Restaurant, or Office uses for the Regional Center because Table 2 allows for standalone single story Retail, Restaurant, or Office uses by right. WHEREAS, “Self-storage warehouse” use, when combined with ground floor Retail, Restaurant, or Office, changes the character of self-storage warehouse’s passive use to an active use that is more active than parking garages, schools, automobile service stations, and some other existing allowed uses in the Regional Center. WHEREAS, the uses allowed in Regional Center, as provided on Table 2, currently make no distinction between a standalone “Self-storage warehouse” use and a mixed use building with “Self-storage warehouse” and ground floor Retail, Restaurant, or Office uses. WHEREAS, “Self-storage warehouse” use when combined with ground floor Retail, Restaurant, or Office uses “promotes employment and transit forms, patterns, and intensities of development.” WHEREAS, “Self-storage warehouse” use when combined with ground floor Retail, Restaurant, or Office uses “encourage development of mixed use destinations at major cross streets” because it can eventually be converted to residential or office above the ground floor. WHEREAS, “Self-storage warehouse” when combined with ground floor Retail, Restaurant, or Office uses “provides for the safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS the City of Clearwater adopted US 19 Zoning District and Development uses as provided on Table 2 do not allow for “self-storage warehouse,” in the Regional Center, even when combined with ground floor Retail, Restaurant, or Office uses. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and promote more ground floor Retail, Restaurant, or Office uses in the Regional Center to further the intent and purpose of the US-19 Zoning Districts & Standards Plan; and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision; now therefore, 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That TABLE 2, Appendix B of the Community Development Code be amended to read as follows: Section B-303. - Permitted uses and parking. A) Use and Parking Table Permitted uses and approval levels by Subdistricts, along with parking requirements, are listed in Table 2. Use and Parking. Active uses are required at identified key corners, as defined in Section B-303.B. * * * * * * * * * * Table 2. Use and Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off- Street Parking Spaces Self- storage warehouse FLS X X FLS 1. In the Corridor Subdistrict, Aaccess 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. 2. Self-Storage may be permitted in the Regional Center Subdistrict provided the following is met: Such use shall only be located on parcels with Street Frontage Type C that do not have any other Street Frontage Type; 100% of the ground floor frontage and a minimum of 20% of the total ground floor area shall include fully-enclosed building space, occupied by retail, restaurant, and/or office uses not associated with the self-storage use; access to all storage units shall be from the building interior; and outdoor storage shall be prohibited. 1/150 1/20 self- storage units. plus 2 for manager’s office 4/1,000 sf of non-storage use as required for Self-storage warehouse in the Regional Center. 4 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 worshi p 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 * * * * * * * * * * Section 2. 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 3. 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 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. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. 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: ____________________________ ____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 18, 2018 AGENDA ITEM: E.6 CASE: TA2018-06003 ORDINANCE NO.: 9161-18 REQUEST: To amend the Clearwater Community Development Code, to expand the allowance of self-storage warehouses as a Flexible Standard Use in the Regional Center Subdistrict of the US 19 Zoning District, where it is currently allowed only in the Corridor Subdistrict INITIATED BY: Savelle Clearwater Countryside, LLC BACKGROUND: Pursuant to Community Development Code Section 4-601.B, amendments to the Code may be initiated by the City Council, the Community Development Coordinator or by any person in conjunction with an application for a development approval. Savelle Clearwater Countryside, LLC, owner of property located at 26489 US Highway19, submitted an application for a text amendment to allow self-storage warehouses in the Regional Center Subdistrict of the US 19 Zoning District, along with the required development application. The original proposed text amendment was presented to the Community Development Board at its August 21, 2018 meeting. Prior to the Board making a recommendation, the applicants’ requested a continuation to a date uncertain to allow time to make changes to the proposed amendments. The applicant submitted the revised text amendment for staff review. The remainder of this staff report has been updated to reflect the amended application. The US 19 Zoning District allows this warehouse use but limits it to the Corridor Subdistrict. This amendment is being initiated because this property is located within a Regional Subdistrict and the owner has a pending purchase agreement with Broome Capital, a real estate investment and development company that pursues infill self-storage development opportunities. According to Broome’s website, their “. . . primary takeout objective is to select sites and design high quality facilities in strong retail locations that the self-storage REITS are aggressively procuring.” Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 2 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Planning for US Highway 19 The City of Clearwater, with the assistance and support of Forward Pinellas and Pinellas County Economic Development has invested significant time and resources planning for the redevelopment of the US Highway 19 corridor. The goal for these efforts is to reposition the corridor to make Clearwater a more economically competitive, sustainable, and livable community. Efforts began as early as 2008, when the Clearwater Comprehensive Plan designated the areas around Countryside Mall and Clearwater Mall as activity centers through the Citywide Design Structure (Map A-14), which serves as the City’s guide to development and land use decisions. Additionally, the area in between these centers and to the City limits were identified as a redevelopment corridor. In 2011 Clearwater Greenprint recognized the opportunity to create vibrant, mixed-use, transit- supportive activity centers on US Highway 19 that link people with jobs and services and the need to incentivize such development. In that year the City also completed the Economic Development Strategic Plan which is organized around the core goals of pursuing tax base diversification, higher paying jobs, and business vitality. A priority strategy identified in the Plan is to establish an employment center overlay district to encourage higher-wage employment along US Highway 19 due to its transportation access and strategic location in region. The Plan’s objective for the corridor is to facilitate development projects generating higher wage jobs for the region by permitting higher density development and transitioning out incompatible uses. In 2012 the City Council approved the US 19 Corridor Redevelopment Plan which is a guiding document that contains strategies to leverage the corridor’s unique locational advantages, capitalize on market opportunities and maximize benefits of planned transit and transportation improvements. A major component of the Plan is organizing the corridor into three different revitalization areas – regional and neighborhood centers and corridor areas - that have different objectives based on different locational characteristics. The Plan also includes general guidance on design standards to ensure projects along the corridor contribute to the creation of more compact, accessible, and attractive pedestrian- and transit-friendly destinations. Revitalization and redevelopment strategies provide more details on how to achieve this vision. During this same time, the Pinellas Planning Council, now known as Forward Pinellas, prepared a significant update to the Countywide Plan which created the framework for the City to designate US Highway 19 with activity center and multimodal corridor designations on the Countywide Map and on the City’s future land use map. These amendments resulted in significant increases in development potential to ensure critical mass for transit-supportive development. US 19 Zoning District and Design Standards The culmination of the above planning work was the adoption of the US 19 Zoning District and Development Standards in 2017 and the rezoning of seven miles along US Highway 19. The District established three subdistricts to govern development potential, uses and parking: Regional Center, Neighborhood Center and Corridor. According to the US 19 Corridor Redevelopment Plan regional centers are appropriate for mixed-use development with an emphasis on employment-intensive and transit supportive uses. Two areas previously designated as activity centers in the Clearwater Comprehensive Plan are the two Regional Center Subistricts - the Countryside/Westfield and Clearwater Mall areas. The Neighborhood Centers are applied to areas planned to serve as local shopping and employment destinations and are generally located between Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Northeast Coachman and Sunset Point Roads, Curlew Road, and between Nursery and Belleair Roads. The remainder of US Highway 19 is designated Corridor where a wide range of employment-intensive office uses is favored over small-scale retail uses and greater flexibility is provided for site design and larger front landscaped areas required. To facilitate the goals and objectives of the City’s planning efforts, allowable uses and development potential of each Subdistrict reflect the stated objectives and design standards to ensure the uses, development pattern and desired activity is consistent with the vision. Development potential for the Subdistricts are as follows: Regional Center – 2.5 FAR; Neighborhood Center – 1.5 FAR; and Corridor – 1.5 FAR. The US 19 Zoning District and Development Standards is a form based code, and the standards are intended to ensure that new buildings and significant renovations and additions are designed in accordance with the vision in the US 19 Corridor Redevelopment Plan. Development is regulated by subdistrict, as previously described, as well as by street frontage type. Street Frontage Types A and B identify the most pedestrian- and transit-oriented locations along major streets crossing US 19 and along US 19 frontage roads, respectively. Street Frontage Type C also identifies pedestrian- and transit-oriented locations along US 19 while introducing limited front parking areas. Street Frontage Types E and F are the least pedestrian- and transit-supportive by design and are designated on properties consistent with this approach. PROPOSED CODE AMENDMENT: The applicant is proposing to revise Section B-303.A, Table 2, Use and Parking to allow self- storage warehouse as a Flexible Standard Use in the Regional Center Subdistrict. Currently, this use is allowed within the US 19 Zoning District but only in the Corridor Subdistrict. Use specific standards are also proposed for those warehouses located in the Regional Center Subdistrict. Specifically, the amendment would limit the use to parcels with Street Frontage Type C that do not have any other Street Frontage Type. Additionally, 100% of the ground floor frontage and a minimum of 20% of the total ground floor area would be required to be occupied by retail, restaurant and/or office uses. These standards would also require access to the storage units from the building interior and would prohibit any outdoor storage. The applicant is proposing significant changes in the minimum off-street parking requirements for self-storage warehouses whether located in the Corridor Subdistrict or in the Regional Center Subdistrict. The current parking requirement is one parking space for every 20 units plus two spaces for the manager’s office. The proposed amendment would change that to one parking space for every 150 storage units for the warehouse use. As commercial uses would be required to occupy a portion of the ground floor frontage in the Regional Center, the applicant is proposing a standard of four parking spaces for every 1,000 square feet of retail, restaurant and office space, consistent with the current standard for such uses elsewhere in the District. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 4 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION ANALYSIS: Use Considerations Permitted uses in the US 19 Zoning District are organized by Subdistrict. Because the Regional Center Subdistrict objectives focus on creating an environment conducive to attracting high wage employment, activity and transit, the list of uses permitted is very deliberate. Economically unproductive land uses and those that do not generate people and activity, or support transit were not included, while economically productive uses such as light assembly were added throughout the District. While it is recognized the corridor is a place to accommodate a large variety of uses, with the exception of dirty industry, not all uses are appropriate in all Subdistricts. Uses excluded from the Regional Center or Neighborhood Center Subdistricts are generally allowed in the Corridor. Examples include nursing homes, animal boarding, outdoor recreation/ entertainment, problematic uses, self-storage warehouses, social and community centers, and limited vehicle service. These uses were excluded from key locations because they typically do not generate activity or high wage employment. According to Sparefoot.com, 9.5 percent of households in the U.S. rent a self-storage unit. Clearly this use serves a community purpose by providing residents and businesses with a place to store items due to downsizing, renovations, death, divorce, dislocation, expanding inventory, etc. When determining which uses should be allowed where in the City, traffic generation is an important factor to consider. According to The Lock-Up Self Storage, self-storage warehouses generate less traffic per square foot than almost any other use and draw only six percent of the traffic of a similarly sized retail development. This data clearly illustra tes people do not frequent self- storage warehouses. Lack of activity in an urban environment creates dead zones. While lack of traffic and activity can be beneficial in certain locations, that is not the case for Regional Centers. Self- storage warehousing is not a use that will positively contribute to an activity center as it is a place for things and not people. The US 19 Zoning District makes a place for this use in the Corridor Subdistrict, which includes 473 acres in areas adjacent to and in close proximity to the Regional Center Subdistricts. Cities in Pinellas County and across the country are dealing with the onslaught of new self-storage warehouse uses, many of which are consuming key sites in redevelopment areas that would otherwise be available for uses that generate activity and jobs. Due to the concerns with the consumption of valuable land for warehousing purposes, cities are taking a variety of approaches such as prohibiting self-storage warehouses in certain zoning districts, instituting distance requirements between self-storage uses, prohibiting warehouses within a certain distance from specific zoning districts, instituting design criteria and requiring a mix of uses, etc. The City of Clearwater has accommodated self-storage warehouses in the Commercial (C) and Industrial, Research, and Technology (IRT) zoning districts and most relevant to this request, in the Corridor Subdistrict of the US 19 Zoning District (which abuts the Regional Center Subdistricts). The use is allowed in the Downtown District provided it is accessory to another principal use. According to industry leader The Lock Up Self Storage, a FAR of 0.8 – 1.2 will accommodate most self- storage projects; the Corridor Subdistrict has a FAR of 1.5. At present there are two pending site plan applications for new self-storage warehouses in the City of Clearwater. One is in the Commercial (C) zoning district which has a FAR of 0.55 and the other is on a site zoned both Commercial (C) and Industrial, Research and Technology (IRT) with a FAR of 0.55 and 0.65 Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 5 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION respectively. Both projects are proposed at the maximum allowable FAR and meet the required parking. This text amendment primarily benefits self-storage warehouse developers as the 2.5 FAR afforded in the Regional Center Subdistrict will enable warehouses to be constructed on smaller properties which in turn allows the developer to purchase less land than would be required in the Corridor Subdistrict and other zoning districts. Use Specific Standards In an attempt to mitigate the concerns about self-storage warehouses in the Regional Center Subdistrict, the applicant is proposing some use specific standards:  Preclude use from locating anywhere except on Street Frontage Type C  Require 100% of ground floor frontage and a minimum of 20% of the total ground floor area to be occupied by retail, restaurant, and/or office uses not associated with the self- storage warehouse use  Require access to all storage units from the building interior  Prohibit outdoor storage Precluding self-storage from Street Frontage Types A or B will prevent them from locating at key corners. Requiring some commercial space is an attempt to activate the ground floor, however, the amount of space allocated for non-warehouse use would be insignificant compared to the overall size of the building and property. For an example, the applicant’s development proposal includes 800 self-storage units. The maximum total building area allowed on the site is 88,209 square feet (0.81 acres, 2.5 FAR), which will be used for this example due to discrepancies in gross floor area shown on the submitted plan. (It should be noted the proposed site plan needs to be revised to meet the requirements of the US 19 Zoning District and to reflect some changes made in the text amendment after it was submitted.) Based on the current design, the building has a width of 75 feet along the street frontage, and the proposed ground floor is 16,090 square feet. Twenty percent (20%) of the total ground floor area would require 3,218 square feet of commercial space to be incorporated into the project. This is an inconsequential amount when compared to an overall building size of almost 90,000 square feet (only 3.6% of the total project area). Furthermore, such a small amount of commercial floor area would not create a dynamic mixed-use or employment intensive project consistent with the intent of the Regional Center Subdistrict. (It should be noted that the Community Development Code defines mixed-use as “a combination of residential and non-residential uses on a single property”, which can be either horizontally or vertically mixed [emphases added]. The proposed amendment does not require “mixed-use” consistent with this definition, but rather a mix of uses.) Additionally, the requirement is likely to produce such small commercial spaces they may not be marketable to many retailers/restaurants which typically require an average of 1200 – 3500 square feet (e.g. Metro PCS, Dunkin Donuts, Chipotle, Smoothie King, Starbucks, etc.). In this example the commercial use requirement likely would create one small rentable space. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 6 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Parking The applicant is proposing to revise the current parking requirement for self-storage warehouses from one space per 20 units plus two for the manager’s office, which is consistent with the requirement in the Commercial (C) and Industrial, Research and Technology (IRT) Districts, to one space per 150 self-storage units. Based on the applicant’s proposed 800 self-storage units, six parking spaces would be required for that component of the project. The requirement for the commercial uses (20% of the total ground floor area) is proposed to be four spaces per 1,000 square feet of floor area. Based on the applicant’s proposed building, an additional 12 spaces would be required for a total of 18 for the proposed project. The minimum parking requirements were streamlined in the US 19 Zoning District with the majority of non-residential uses having the same parking requirement (4 spaces per 1,000 square feet). This decrease in required parking for many uses, compared to what is required in other Districts, facilitates the ability to change uses more easily without required parking acting as a barrier. However, this standard also recognizes the characteristics of the corridor as more auto- oriented than Downtown Clearwater, one of the City’s other major activity centers. Parking is still a necessary component of new development projects in the corridor, but the District’s Development Standards mitigate its impact on walkability through restricting the placement of parking. Economic Development Strategic Plan Considerations Another important factor considered when determining the allowable uses in the Regional Center Subdistrict was how that use contributes to the local economy. Self-storage warehouses were excluded due to the lack of positive economic impact associated with this use. Self-storage generates very few direct and in-direct jobs (typically 3-4) and provides low wages. According to data from Indeed.com average self-storage hourly pay ranges from approximately $9.19 per hour for an Associate to $13.38 per hour for a Store Manager. (According to Indeed.com this information was based on 188 data points collected directly from employees, users and past and present job advertisements on Indeed over the past 36 months.) Assuming Associates and Store Managers are full-time employees, those average wages fall below 80% of the area median income. In sum self-storage warehouse facilities account for low – average wages and are extremely limited employment generation at best which does not meet the objectives of the Regional Center Subdistrict. Allowing this use in the Regional Center Subdistrict will remove what would be an opportunity for productive land in terms of job creation and income. If warehousing is allowed in the Regional Center Subdistrict, there will be a reduction in the land area available to accommodate the number and types of jobs the City is targeting for the Regional Centers. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. A determination should be made whether the proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan, and furthers the purposes of the development code and other city ordinances and actions designed to implement plan. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 7 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed amendment is inconsistent with and does not further the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be not be furthered by the proposed text amendment to the Community Development Code: Goal A.5 The City of Clearwater shall identify and utilize a Citywide design structure comprised of a hierarchy of places and linkages. The Citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the City uniquely Clearwater. Policy A.5.1.1 Identify Activity Centers: high intensity, high-density multi-use areas designated as appropriate for intensive growth and an integrated pattern of development that routinely provide service to a significant number of citizens of more than one county or that serve multiple residential communities by providing a mix of neighborhood-serving shopping centers as well as a mix of employment and residential opportunities. Activity centers are composed of multiple destination points, landmarks and character features, and are proximate and accessible to interstate or major arterial roadways or to minor arterial roadways, collector or local major streets, if the activity center is neighborhood serving. Activity Centers are served by enhanced transit commensurate with the type, scale and intensity of use. Policy A.5.4.5 U.S. Highway 19 North from Curlew Road to Belleair Road, including cross streets and Gulf-to-Bay Boulevard east of U.S. Highway 19 North. Amendments to the Future Land Use Map and Zoning Atlas should promote redevelopment and land assembly. Redevelopment should prioritize pedestrian- and transit-supportive street frontages and establish mixed-use destinations at major cross streets that provide safe, attractive and accessible settings in order to create a safe and attractive environment and an economically competitive community. Annexations and the installation of appropriate streetscape improvements should be encouraged. Policy A.5.5.6 Implement design standards for US Highway 19, which has transitioned from a roadway providing land access to a controlled access highway with ramps that are located less than two miles apart. Such standards should allow for higher intensities and a mix of land uses to allow for greater employment opportunities along the corridor, while improving accessibility and safety for cars, people and bicycles. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.1.11 US Highway 19 is recognized on the Countywide Plan Map as a Multimodal Corridor (MMC), with major intersections designated as Activity Center (AC). The applicable Multimodal Corridor and Activity Center subcategories are shown on the Transit-Oriented Land Use Vision Map within the Countywide Plan Strategies. Policy A.6.1.12 Redevelopment of US Highway 19 shall be encouraged through the establishment of development standards which implement the Planning and Urban Design Principles within the Countywide Plan Strategies by allowing for more intense development while also promoting more employment- intensive, transit- and pedestrian-supportive development, establishing mixed-use destinations and providing safe and attractive settings for working, living and shopping. These standards should: a. Concentrate office and other employment-intensive uses in places with easy access to US 19; b. Provide for retail, entertainment and other uses that serve the needs of surrounding neighborhoods; c. Promote high-intensity uses in close proximity to potential or planned transit routes; d. Lessen demands on local and regional street network by maximizing opportunities for the localization of work, shopping and leisure trips; e. Support shared parking and “park once” trips; f. Promote active lifestyles by encouraging walking and biking as convenient alternatives to automobile travel; and g. Contribute to street-level pedestrian activity and the informal surveillance of public spaces. Policy A.6.8.2 Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. Commercial and mixed-use buildings shall be sited to maximize pedestrian connections from the building to adjacent streets. Buildings should be sited and parking arranged to minimize the off-site impacts to residential areas. Because the City recognizes a community need for self-storage, the US 19 District has provided a place for it in the Corridor Subdistrict. A total of 473 acres are available to accommodate that use, which is almost the size of the area governed by Clearwater Downtown Redevelopment Plan. The Corridor, which is outside of the designated activity center, has more flexibility in terms of permitted uses, site and parking lot design and overall form of development due to its location and function. Direct access to a US 19 interchange is less critical to the success for uses like self- storage warehouses with lower volumes of customer traffic, so location within the Corridor Subdistrict is appropriate. Establishing self-storage warehouses in the Regional Center Subdistrict introduces a use which does not support the goals of the activity centers on US Highway 19 as designated on the Citywide Design Structure and does not prioritize or support an employment Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION producing or transit supportive land use in the Regional Center. The Regional Center Subdistrict is an inappropriate place for self-storage warehouses in the US 19 Zoning District. The Corridor Subdistrict is the appropriate place for this use as due to their locational characteristic and the fact the planned level of pedestrian activity and compact development is significantly less than in the Regional Centers. The proposed amendment does not further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment does not further the purposes of the CDC in that it will be inconsistent with the intent and purpose of the US 19 Zoning District and Design Standards as set forth in in CDC Section B-101: The intent and purpose of the US 19 District & Development Standards (“Development Standards”) is to guide the development and redevelopment of sites along US 19 consistent with strategies defined in the US 19 Corridor Redevelopment Plan. The standards are designed to accomplish the following.  Promote employment-intensive and transit supportive forms, patterns and intensities of development;  Encourage the development of mixed use destinations at major cross streets;  Provide for the design of safe, attractive, and accessible settings for working, living and shopping. The proposed text amendment allows a warehouse use in the Regional Center Subdistrict which is the most intensive designated activity center outside of Downtown Clearwater. The Regional Center Subdistrict has a significant FAR allowance to incentivize dynamic high wage employment and commercial activity. Consistent with the Countywide Plan these activity centers are intended to maximize the concentration of jobs and populations along transit routes. Self storage warehouses are antithetical to these goals as they do not attract people and result in dead space in an area where vibrancy and vitality are measures of success. Self-storage is not compatible with the intent and purpose of the Regional Center Subdistrict of the US 19 District or US19 Corridor Redevelopment Plan, regardless of the applicants’ intent to limit it to Street Frontage Type C and to require a limited amount of commercial use in addition to the self-storage warehouse use. The proposed text amendment does not further the following general purposes of the Community Development Code: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sec. 1-103.B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by:  Allowing property owners to enhance the value of their property through innovative and creative redevelopment;  Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; and  Strengthening the city's economy and increasing its tax base as a whole. Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. Sec. 1-103.E.9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized. As outlined above, the proposed text amendment does not further the goals, objectives and policies of numerous city plans related to the redevelopment of US Highway 19. The proposed addition of self-storage warehouses in the Regional Center Subdistrict does not promote the economic stability of the subdistrict, will not strengthen the economy, and does not establish a use consistent with the purpose and character of the Regional Center. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is inconsistent with and in direct conflict with the goals and objectives of Clearwater Greenprint, Clearwater Economic Development Strategic Plan, US 19 Corridor Redevelopment Plan and the Clearwater Comprehensive Plan and is inconsistent with purposes of the Community Development Code. Furthermore, it is unnecessary to accommodate the proposed activity. Based upon the above, the Planning and Development Department recommends DENIAL of Ordinance No. 9161-18 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Gina L. Clayton Assistant Planning and Development Director Revised by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9161-18 (Revised 8/24/18) Resume Prepared for: City of Clearwater Economic Development Department P.O. Box 4748 Clearwater, FL 33758-4748 Prepared by October 10, 2018 A COMPARATIVE ANALYSIS OF DEVELOPMENT SCENARIOS AFFECTING THE US 19 ZONING DISTRICT IN CLEARWATER, FL LIMITATIONS Total Impact model is a customized software program licensed to the City of Clearwater Economic Development Department. The model includes estimates, assumptions, and other information developed by Impact DataSource from its independent research effort detailed in City of Clearwater Economic Development Department's Total Impact User Guide. This report presents the results of an analysis undertaken by Impact DataSource, an Austin, TX based economic consulting firm. The analysis derives two scenarios of development that are evaluated with the City of Clearwater's Total Impact model. PURPOSE & Impact DataSource | 2 Executive Summary Introduction…………………………………………………………………………………………4 Background & Summary of Results………………………………………………………4 Scenarios Development Assumptions………………………………………………………………… 5 Economic and Fiscal Impact Analysis of the Scenarios…………………………7 Detailed Impact Analysis Reports Scenario 1 - Self-Storage Scenario………………………………………………………8 Scenario 2 - Standard Use Scenario………………………………………………………22 CONTENTS Impact DataSource | 3 COMPARATIVE DEVELOPMENT SCENARIO ANALYSIS | EXECUTIVE SUMMARY Introduction This analysis illustrates the economic and fiscal impact associated with two hypothetical development scenarios for a site in the City of Clearwater. In the first development scenario, an analysis was completed to determine the impact of development consistent with a proposed amendment to current standards which would allow self-storage warehouses as Flexible Standard Use in the Regional Subdistrict of the US 19 Zoning District. In the second development scenario, an analysis determines the impact of the desired use standards developed by The City of Clearwater, with the assistance and support of Forward Pinellas and Pinellas County Economic Development. Background & Summary of Results The City of Clearwater is considering an amendment to the zoning standards in the US 19 Zoning District of the city. The District's zoning plan seeks to maximize the concentration of jobs and populations along transit routes. Due to the nature of the businesses, self-storage warehouses have the potential to create dead zones in areas intended to be the urban Regional Center Subdistrict. Self-storage units will not drive significant foot traffic or activity as intended in the overall plan. Additionally, per square foot, employment in self-storage warehouses is less dense than other intended uses such as retail or office. Impact DataSource analyzed the employment per acre in various parts of the City of Clearwater to determine the concentration of employment and business activity in these areas. Although the results of this employment concentration analysis may show what has occurred somewhat organically, it aligns with the city's zoning preferences in keeping activity highly concentrated within the Regional Center Subdivision as seen in these results. Table 1. Employment Concentration Throughout Clearwater and in the Zoning Area City of US 19 Zoning Regional Center Clearwater District Subdivision Acres 25,574 2,176 992 Employment 53,839 16,072 8,151 Employment per Acre 2.1 7.4 8.2 As detailed in this analysis, the economic and fiscal impact of the development associated with the standard use in the Regional Center subdivision of the U.S. 19 Zoning district is significantly larger than the impact expected with development matching the self-storage amendment scenario. Additionally, the standard use scenario results in greater employment concentration and taxable value, better matching the City of Clearwater's original overall intent in it's land use plan. Table 2. Comparison of Development Scenarios Derived in this Analysis Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Use SF 84,991 0 Retail Use SF 3,218 22,052 Office Use SF 0 66,157 Total Square Feet 88,209 88,209 Construction Cost (Private Developer Assumed)$5,015,351 $10,403,811 Taxable Value $4,343,498 $11,048,464 On-site Employment 9.9 191.1 Indirect & Induced Employment 4.2 93.5 Total Employment Impact 14.1 284.6 Fiscal Net Benefit Impact over 10 Years for City of Clearwater $959,932 $3,504,588 Impact DataSource | 4 COMPARATIVE DEVELOPMENT SCENARIO ANALYSIS | SCENARIOS Development Assumptions Land Use The site is anticipated to be 0.81 acres allowing for a total of 88,209 square feet of development. In Scenario 1, or the Self- Storage Scenario, the proposed amendment requires "100% of ground floor frontage and a minimum of 20% of the total ground floor area to be occupied by retail, restaurant, and/or office uses not associated with the self-storage warehouse use". The 20% ground floor requirement for the Self-Storage scenario is equates to 3,218 square feet and is assumed to be used for retail. Scenario 2, consistent with current use standards, assumes the same 88,209 square feet will be split 25% for retail use and 75% for office use. Table 3. Use Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Use SF 84,991 0 Retail Use SF 3,218 22,052 Office Use SF 0 66,157 Total Square Feet 88,209 88,209 Construction Cost Relying on localized cost-to-construct data from RSMeans, the development costs were estimated for the two scenarios. The estimated cost to construct the property Scenario 1 is $5.0 million. It is estimated that Scenario 2 would cost approximately twice as much to develop. Table 4. Construction Cost Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Cost to Construct $55.58 per SF $4,723,800 $0 Retail Cost to Construct $90.60 per SF $291,551 $1,997,934 Office Cost to Construct $127.06 per SF $0 $8,405,877 Total Construction Cost $5,015,351 $10,403,811 Source of construction cost: https://www.rsmeans.com/ Taxable Value For the purposes of this analysis, it is assumed that the taxable value of the building property will be slightly less than the cost to construct. In both Scenario 1 and Scenario 2, it is assumed that the taxable value associated with the building will be 85% of the cost to construct the building. The retail and office components of Scenario 1 and Scenario 2 will also likely support some tangible property that will be subject to tax. Based on properties with similar uses in Pinellas County, Impact DataSource uses $25 per square foot as an estimate of taxable tangible property. Ultimately, the taxable property associated with Scenario 1, the Self-Storage Scenario, is $4.3 million. It is estimated that the taxable property associated with Scenario 2, the standard use scenario, would be $11.0 million. Impact DataSource | 5 COMPARATIVE DEVELOPMENT SCENARIO ANALYSIS | SCENARIOS Table 5. Taxable Value Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Taxable Value of Improvements 85% of cost $4,263,048 $8,843,239 Taxable Tangible Property $25.00 per SF*$80,450 $2,205,225 Total Taxable Value $4,343,498 $11,048,464 * Tangible property is estimated at $25 per square foot excluding self storage area. Employment According to materials compiled by the City of Clearwater, the self-storage component of the Self-Storage Scenario would support approximately 3-4 jobs. Employment in the retail portion of the Self Storage Scenario was estimated based on a standard of 500 square feet per worker. In total, Scenario 1 is expected to generate approximately 9.9 new jobs. For consistency, Scenario 2 relies on the same retail square-feet-to-employment ratio as Scenario 1. The number of workers contained in the office space is estimated by assuming 450 square feet per worker. In total, Scenario 2 is expected to generate approximately 191.1 new jobs. Table 6. Employment Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Employees 24,283 per SF 3.5 0.0 Retail Employees 500 per SF 6.4 44.1 Office Employees 450 per SF 0.0 147.0 Total On-site Employment 9.9 191.1 Workers' Earnings To estimate workers' earnings associated with the employment impact in the two scenarios, Impact DataSource relies on the Regional Input-Output Modeling System (RIMS II), a widely used regional input-output model developed by the U. S. Department of Commerce, Bureau of Economic Analysis. The RIMS II model can produce estimated workers' earnings for various activities or industries. Self-storage activity is categorized as "531130 - Lessors of miniwarehouses and self-storage units". Retail activity is categorized as "44-45 Retail", and Office activity is categorized as "561400 - Business support services". Table 7. Employment Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Employees $15,462 Avg per worker $54,117 $0 Retail Employees $28,388 Avg per worker $182,703 $1,252,021 Office Employees $31,830 Avg per worker $0 $4,679,520 Total Workers' Earnings $236,819 $5,931,541 Overall Average Workers' Earnings $23,834 $31,036 The total compensation paid to workers in Scenario 1 is $237,000 per year while Scenario 2 is estimated to generate $5.9 million per year for workers. The overall weighted average for workers' earnings is approximately $23,800 in Scenario 1 and approximately $31,000 in Scenario 2. The choice of "Business support services" for the office activity makes Scenario 2 very conservative. Other office uses, such as "541610 - Management consulting services", "5419 - Marketing research and all other miscellaneous professional, scientific and technical services", or "550000 Management of companies and enterprises", are all associated with much higher workers' earnings. Impact DataSource | 6 COMPARATIVE DEVELOPMENT SCENARIO ANALYSIS | SCENARIOS Economic and Fiscal Impact Analysis of the Scenarios Based on the development details for Scenario 1 and Scenario 2 that are outlined above, Impact DataSource conducted two independent economic and fiscal impact analyses of the scenarios. The detailed impact analyses are included as an appendix to this document but a summary of the results is provided below. The first table illustrates the economic impact in terms total jobs to be created in each scenario and total workers' earnings over a 10-year horizon. Table 8. Economic Impact of Scenario 1 & Scenario 2 Over 10 Years Self-Storage Office/Retail Scenario 1 Scenario 2 Jobs Direct 9.9 191.1 Indirect & Induced 4.2 93.5 Total 14.1 284.6 Workers' Earnings Direct $2,593,103 $64,948,714 Indirect & Induced $2,434,923 $37,345,512 Total $5,028,026 $102,294,226 The table below illustrates the company's fiscal impact - the net benefits for local taxing districts - over the next 10 years - including both the existing and expanded operations. Table 9. Fiscal Impact of Scenario 1 & Scenario 2 Over 10 Years Net Benefits Self-Storage Office/Retail Scenario 1 Scenario 2 City of Clearwater $271,167 $1,466,226 Pinellas County $294,728 $974,249 Pinellas County Public Schools $308,804 $862,313 Southwest Florida WMD $13,599 $34,593 Transit District $31,973 $66,324 Juvenile Welfare Board $39,009 $99,226 Pinellas County Planning Council $652 $1,657 Total $959,932 $3,504,588 The economic and fiscal impact of the development associated with the standard use in the Regional Center subdivision of the U.S. 19 Zoning district is significantly larger than the impact expected with development matching the self-storage amendment scenario. Additionally, the standard use scenario results in greater employment concentration and taxable value, better matching the City of Clearwater's original overall intent in it's land use plan. The economic and fiscal impact of the two scenarios is detailed on the following pages. Impact DataSource | 7 EXECUTIVE SUMMARY Prepared for: City of Clearwater Economic Development Department P.O. Box 4748 Clearwater, FL 33758-4748 Prepared using Total Impact by Impact DataSource A REPORT OF THE ECONOMIC IMPACT OF SCENARIO 1 - SELF-STORAGE SCENARIO IN THE CITY OF CLEARWATER, FL September 19, 2018 Scenario 1 - Self-Storage Scenario 8 The Total Impact model is a customized software program licensed to the Cityof Clearwater Economic Development Department. The model includes estimates, assumptions, and other information developed by Impact DataSource from its independent research effort detailed in City of Clearwater Economic Development Department's Total Impact User Guide. The analysis relies on prospective estimates of business activity that may not be realized. City of Clearwater Economic Development Department made reasonable efforts to ensure that the project-specific data entered into the Total Impact model reflects realistic estimates of future activity. No warranty or representation is made by City of Clearwater Economic Development Department or Impact DataSource that any of the estimates or results contained in this study will actually be achieved. PURPOSE & LIMITATIONS This report presents the results of an analysis undertaken by the City of Clearwater Economic Development Department using Total Impact, an economic and fiscal impact analysis tool developed and supported by the Austin, TX based economic consulting firm, Impact DataSource. Scenario 1 - Self-Storage Scenario 9 Economic Impact Introduction…………………………………………………………………………………………4 Description of the Project……………………………………………………………………4 Economic Impact Overview…………………………………………………………………4 Temporary Construction Impact……………………………………………………………6 Fiscal Impact Fiscal Impact Overview…………………………………………………………………………7 City of Clearwater……………………………………………………………………………8 Pinellas County…………………………………………………………………………………10 Pinellas County Public Schools…………………………………………………………11 Benefits for Other Taxing Districts……………………………………………………12 Methodology Overview of Methodology ……………………………………………………………………13 About Impact DataSource……………………………………………………………………14 CONTENTS Scenario 1 - Self-Storage Scenario 10 SCENARIO 1 - SELF-STORAGE SCENARIO | ECONOMIC IMPACT Introduction This report presents the results of an economic impact analysis performed using Total Impact, a model developed by Impact DataSource. The report estimates the impact that a potential project in Pinellas County will have on the local economy and estimates the costs and benefits for local taxing districts over a 10-year period. Description of the Project Economic Impact Overview The Project's operations will support employment and other economic impacts in the community. The 9.9 workers directly employed by the Project will earn approximately $26,000 per year on average over the next 10 years. This direct activity will support 4.2 indirect and induced workers in the community earning $58,000 on average over the next 10 years. The total additional payroll or workers' earnings associated with the Project is estimated to be approximately $5.0 million over the next 10 years. Accounting for various taxable sales and purchases, including activity associated with the Project, worker spending, and visitors' spending in the community, the Project is estimated to support approximately $2.8 million in taxable sales over the next 10 years. Table 1. Economic Impact Over the Next 10 Years Indirect & Direct Induced Total Number of permanent direct, indirect, and induced jobs to be created 9.9 4.2 14.1 Salaries to be paid to direct, indirect, and induced workers $2,593,103 $2,434,923 $5,028,026 Taxable sales and purchases expected in the City $2,268,737 $490,637 $2,759,374 Impact DataSource derived this analysis to illustrate the impact of a hypothetical development scenario. Scenario 1 - Self-Storage Scenario 11 SCENARIO 1 - SELF-STORAGE SCENARIO | ECONOMIC IMPACT The Project may result in new residents moving to the community and potentially new residential properties being constructed as summarized below. Table 2. Population Impacts Over the Next 10 Years Indirect & Direct Induced Total Number of direct, indirect, and induced workers who will move to the County 3.2 1.4 4.6 Number of new residents in the County 8.3 3.7 12.0 Number of new residential properties to be built in the County 0.0 0.0 0.0 Number of new students expected to attend local school district 1.6 0.7 2.3 The Project is estimated to support an average of approximately $4.3 million in new non-residential taxable property each year over the next 10 years. The taxable value of property supported by the Project over the 10-year period is shown in the following table. Table 3. Value of Taxable Property Supported by the Project Over the Next 10 Years The Project's Property Total New Buildings & Furniture, Subtotal Residential & Residential Other Real Prop. Fixtures, & Nonresidential Nonresidential Year Property Land Improvements Equipment Property Property 2019 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2020 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2021 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2022 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2023 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2024 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2025 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2026 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2027 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2028 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 The taxable value of residential property represents the value of properties that may be constructed as a result of new workers moving to the community. This analysis assumes the residential real property appreciation rate to be 2.0% per year. The Project's real property is assumed to appreciate at a rate of 2.0% per year. The analysis assumes the Project's furniture, fixtures, and equipment will depreciate over time according to the depreciation schedule shown in Appendix A. Scenario 1 - Self-Storage Scenario 12 SCENARIO 1 - SELF-STORAGE SCENARIO | ECONOMIC IMPACT Temporary Construction Impact The Project will include an initial period of construction where $5.0 million will be spent to construct new buildings and other real property improvements. It is assumed that 50.0% of the construction expenditure will be spent on materials and 50.0% on labor. The temporary construction activity will support temporary economic impacts in the community in the form of temporary construction employment and sales for local construction firms. Table 3. Spending and Estimated Direct Employment Impact of Project-Related Construction Activity Amount Total construction expenditure $5,015,351 Materials $2,507,675 Labor $2,507,675 Temporary Construction Workers Supported (Average Earnings = $44,000) 57 The following table presents the temporary economic impacts resulting from the construction. Table 4. Temporary Economic Impact of Project-Related Construction Activity Indirect & Direct Induced Total Number of temporary direct, indirect, and induced job years to be supported* 57.0 34.4 91.4 Salaries to be paid to direct, indirect, and induced workers $2,507,675 $1,106,386 $3,614,062 Revenues or sales for businesses related to construction $5,015,351 $3,399,405 $8,414,755 * A job year is defined as full employment for one person for 2080 hours in a 12-month span. Sales tax calculations related to construction activity are presented in the following table. The sales tax revenue generated from construction-period taxable spending is included in the fiscal impact for affected districts in Year 1 of this analysis. Table 5. Construction-Related Taxable Spending Estimate Expenditure for Materials $2,507,675 Percent of Materials subject to local tax 50.0% Subtotal Taxable Materials $1,253,838 Expenditure for Labor / Paid to construction workers $2,507,675 Percent of gross earnings spent on taxable goods and services 27.0% Percent of taxable spending done locally 65.0% Subtotal Taxable Construction Worker Spending $440,097 Expenditure for Furniture, Fixtures, & Equipment (FF&E) $80,450 Percent of FF&E subject to local tax 65.0% Subtotal Taxable FF&E Purchases $52,293 Total Construction-Related Taxable Spending $1,746,227 The above construction analysis focuses on the impact resulting from the Project's construction investments identified in Year 1. If construction will be phased in over several years or an expansion is planned in a later year, parallel calculations will be performed for those years. Scenario 1 - Self-Storage Scenario 13 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT Fiscal Impact Overview The Project will generate additional benefits and costs for local taxing districts, a summary of which is provided below. The source of specific benefits and costs are provided in greater detail for each taxing district on subsequent pages. Overall, the County will receive approximately $294,700 in net benefits over the 10-year period and the Project will generate $959,900 in total for all local taxing districts. Table 6. Fiscal Net Benefits Over the Next 10 Years for Local Taxing Districts Present Net Value of Benefits Costs Benefits Net Benefits* City of Clearwater $333,564 ($62,396) $271,167 $209,360 Pinellas County $312,817 ($18,088) $294,728 $229,130 Pinellas County Public Schools $399,633 ($90,829) $308,804 $238,423 Southwest Florida WMD $13,599 $0 $13,599 $10,501 Transit District $31,973 $0 $31,973 $24,689 Juvenile Welfare Board $39,009 $0 $39,009 $30,122 Pinellas County Planning Council $652 $0 $652 $503 Total $1,131,246 ($171,314) $959,932 $742,727 * The Present Value of Net Benefits expresses the future stream of net benefits received over several years as a single value in today's dollars. Today's dollar and a dollar to be received at differing times in the future are not comparable because of the time value of money. The time value of money is the interest rate or each taxing entity's discount rate. This analysis uses a discount rate of 5% to make the dollars comparable. Figure 1. Net Benefits Over the Next 10 Years for Local Taxing Districts $271,167 $294,728 $308,804 $13,599 $31,973 $39,009 $652 $0 $50,000 $100,000$150,000$200,000$250,000$300,000$350,000 City of Clearwater Pinellas County Pinellas County Public Schools Southwest Florida WMD Transit District Juvenile Welfare Board Pinellas County Planning Council Scenario 1 - Self-Storage Scenario 14 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT City of Clearwater The table below displays the estimated additional benefits, costs, and net benefits to be received by the City over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 7. City of Clearwater: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Sales Taxes* $2,207 Property Taxes - Project $219,760 Tangible Taxes - Project $4,147 Property Taxes - New Residential $0 Utility Revenue $31,812 Utility Franchise Fees $11,644 Utility Taxes $21,303 Building Permits and Fees $0 Impact Fees $0 Miscellaneous Taxes & User Fees $42,690 Subtotal Benefits $333,564 Cost of Providing Municipal Services ($30,584) Cost of Providing Utility Services ($31,812) Subtotal Costs ($62,396) Net Benefits $271,167 Present Value (5% discount rate) $209,360 * Share of local option infrastructure surtax. Figure 2. Annual Fiscal Net Benefits for the City of Clearwater ($10,000) ($5,000) $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Year Benefits Costs Net Benefits Scenario 1 - Self-Storage Scenario 15 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT The City will receive benefits from the activity, spending, and investments associated with (1) the Project and (2) the workers. These benefits, associated costs, and resulting net benefits for the next 10 years are shown below for these two categories. Table 8: Net Benefits to the City from the Project and Workers The Project Workers Total Sales Taxes* $1,397 $811 $2,207 Property Taxes - Project $219,760 $0 $219,760 Tangible Taxes - Project $4,147 $0 $4,147 Property Taxes - New Residential $0 $0 $0 Utility Revenue $18,804 $13,008 $31,812 Utility Franchise Fees $9,922 $1,721 $11,644 Utility Taxes $16,888 $4,415 $21,303 Building Permits and Fees $0 $0 $0 Impact Fees $0 $0 $0 Miscellaneous Taxes & User Fees $33,401 $9,290 $42,690 Subtotal Benefits $304,319 $29,245 $333,564 Cost of Providing Municipal Services ($23,935) ($6,649) ($30,584) Cost of Providing Utility Services ($18,804) ($13,008) ($31,812) Subtotal Costs ($42,739)($19,657)($62,396) Net Benefits $261,580 $9,588 $271,167 Percent of Total Net Benefits 96.5% 3.5% * Share of local option infrastructure surtax. Scenario 1 - Self-Storage Scenario 16 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT Pinellas County The table below displays the estimated additional benefits, costs, and net benefits to be received by the County over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 9. Pinellas County: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Sales Taxes* $14,321 Property Taxes - Project $267,498 Tangible Taxes - Project $4,311 Property Taxes - New Residential $0 Utility Taxes $420 Tourist Development Taxes $0 Building Permits and Fees $0 Impact Fees $0 Miscellaneous Taxes & User Fees $26,266 Subtotal Benefits $312,817 Cost of Providing County Services ($18,088) Subtotal Costs ($18,088) Net Benefits $294,728 Present Value (5% discount rate) $229,130 * Share of local option infrastructure surtax. Figure 3. Annual Fiscal Net Benefits for Pinellas County ($5,000) $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 12345678910 Year Benefits Costs Net Benefits Scenario 1 - Self-Storage Scenario 17 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT The County will receive benefits from the activity, spending, and investments associated with (1) the Project and (2) the workers. These benefits, associated costs, and resulting net benefits for the next 10 years are shown below for these two categories. Table 10: Net Benefits to the County from the Project and Workers The Project Workers Total Sales Taxes* $9,063 $5,258 $14,321 Property Taxes - Project $267,498 $0 $267,498 Tangible Taxes - Project $4,311 $0 $4,311 Property Taxes - New Residential $0 $0 $0 Utility Taxes $0 $420 $420 Tourist Development Taxes $0 $0 $0 Building Permits and Fees $0 $0 $0 Impact Fees $0 $0 $0 Miscellaneous Taxes & User Fees $13,926 $12,340 $26,266 Subtotal Benefits $294,798 $18,019 $312,817 Cost of Providing County Services ($8,921) ($9,167) ($18,088) Subtotal Costs ($8,921)($9,167)($18,088) Net Benefits $285,877 $8,852 $294,728 Percent of Total Net Benefits 97.0% 3.0% * Share of local option infrastructure surtax. Pinellas County Public Schools The table below displays the estimated additional benefits, costs, and net benefits to be received by the school district over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 11. Pinellas County Public Schools: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Property Taxes - Project $298,797 Tangible Taxes - Project $5,639 Property Taxes - New Residential $0 Additional State and Federal Funding $95,197 Subtotal Benefits $399,633 Cost of Educating New Students ($90,829) Subtotal Costs ($90,829) Net Benefits $308,804 Present Value (5% discount rate) $238,423 Scenario 1 - Self-Storage Scenario 18 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT Benefits for Other Taxing Districts The table below displays the estimated additional property taxes to be received by other taxing districts over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 12. Other Taxing Districts: Benefits Over the Next 10 Years Property Tangible Residential Taxes Taxes Property Taxes Total Southwest Florida WMD $13,348 $252 $0 $13,599 Transit District $31,973 $0 $0 $31,973 Juvenile Welfare Board $38,286 $723 $0 $39,009 Pinellas County Planning Council $639 $12 $0 $652 Benefits $84,246 $986 $0 $85,233 Present Value (5% discount rate)$65,815 Scenario 1 - Self-Storage Scenario 19 SCENARIO 1 - SELF-STORAGE SCENARIO | METHODOLOGY Overview of Methodology The Total Impact model combines project-specific attributes with community data, tax rates, and assumptions to estimate the economic impact of the Project and the fiscal impact for local taxing districts over a 10-year period. The economic impact as calculated in this report can be categorized into two main types of impacts. First, the direct economic impacts are the jobs and payroll directly created by the Project. Second, this economic impact analysis calculates the indirect and induced impacts that result from the Project. Indirect jobs and salaries are created in new or existing area firms, such as maintenance companies and service firms, that may supply goods and services for the Project. In addition, induced jobs and salaries are created in new or existing local businesses, such as retail stores, gas stations, banks, restaurants, and service companies that may supply goods and services to new workers and their families. The economic impact estimates in this report are based on the Regional Input-Output Modeling System (RIMS II), a widely used regional input-output model developed by the U. S. Department of Commerce, Bureau of Economic Analysis. The RIMS II model is a standard tool used to estimate regional economic impacts. The economic impacts estimated using the RIMS II model are generally recognized as reasonable and plausible assuming the data input into the model is accurate or based on reasonable assumptions. Impact DataSource utilizes county-level multipliers to estimate the impact occurring at the sub-county level. Two types of regional economic multipliers were used in this analysis: an employment multiplier and an earnings multiplier. An employment multiplier was used to estimate the number of indirect and induced jobs created or supported in the area. An earnings multiplier was used to estimate the amount of salaries to be paid to workers in these new indirect and induced jobs. The employment multiplier shows the estimated number of total jobs created for each direct job. The earnings multiplier shows the estimated amount of total salaries paid to these workers for every dollar paid to a direct worker. The multipliers used in this analysis are listed below: 531000 Real estate City County Employment Multiplier (Type II Direct Effect )1.2396 1.4203 Earnings Multiplier (Type II Direct Effect ) 1.5352 1.9390 The fiscal impacts calculated in this report are detailed in Appendix C. Most of the revenues estimated in this study result from calculations relying on (1) attributes of the Project, (2) assumptions to derive the value of associated taxable property or sales, and (3) local tax rates. In some cases, revenues are estimated on a per new household, per new worker, or per new school student basis. The company or Project developer was not asked, nor could reasonably provide data for calculating some other revenues. For example, while the city and county will likely receive revenues State Shared Revenue, fuel taxes, various charges for services, fines and forfeitures but the company cannot identify these amounts. Therefore, some revenues are calculated using an average revenue approach. This approach uses relies on two assumptions: 1. The taxing entity has two general revenue sources: revenues from residents and revenues from businesses. 2. The taxing entity will collect (a) about the same amount of miscellaneous taxes and user fees from each new household that results from the Project as it currently collects from existing households on average, and (b) the same amount of miscellaneous taxes and user fees from the new business (on a per worker basis) will be collected as it collects from existing businesses. This report presents the results of an analysis undertaken by the City of Clearwater Economic Development Department using Total Impact, an economic and fiscal impact analysis tool developed and supported by the Austin, TX based economic consulting firm, Impact DataSource. Scenario 1 - Self-Storage Scenario 20 SCENARIO 1 - SELF-STORAGE SCENARIO | METHODOLOGY In the case of the school district, some additional state and federal revenues are estimated on a per new school student basis consistent with historical funding levels. Additionally, this analysis sought to estimate the additional expenditures faced by the city and county to provide services to new households and new businesses. A marginal cost approach was used to calculate these additional costs. This approach relies on two assumptions: 1. The taxing entity spends money on services for two general groups: revenues from residents and revenues from businesses. 2. The taxing entity will spend slightly less than its current average cost to provide local government services (police, fire, EMS, etc.) to (a) new residents and (b) businesses on a per worker basis. In the case of the school district, the marginal cost to educate new students was estimated based on a portion of the school's current expenditures per student and applied to the headcount of new school students resulting from the Project. About Impact DataSource Impact DataSource is an Austin economic consulting, research, and analysis firm founded in 1993. The firm has conducted over 2,500 economic impact analyses of firms, projects, and activities in most industry groups in Texas and more than 30 other states. In addition, Impact DataSource has prepared and customized more than 50 economic impact models for its clients to perform their own analyses of economic development projects. These clients include the Metro Orlando (Florida) Economic Development Commission and the Frisco (Texas) Economic Development Corporation. Scenario 1 - Self-Storage Scenario 21 EXECUTIVE SUMMARY Prepared for: City of Clearwater Economic Development Department P.O. Box 4748 Clearwater, FL 33758-4748 Prepared using Total Impact by Impact DataSource A REPORT OF THE ECONOMIC IMPACT OF SCENARIO 2 - STANDARD USE SCENARIO IN THE CITY OF CLEARWATER, FL September 19, 2018 Scenario 2 - Standard Use Scenario 22 PURPOSE & LIMITATIONS This report presents the results of an analysis undertaken by the City of Clearwater Economic Development Department using Total Impact, an economic and fiscal impact analysis tool developed and supported by the Austin, TX based economic consulting firm, Impact DataSource. The Total Impact model is a customized software program licensed to the Cityof Clearwater Economic Development Department. The model includes estimates, assumptions, and other information developed by Impact DataSource from its independent research effort detailed in City of Clearwater Economic Development Department's Total Impact User Guide. The analysis relies on prospective estimates of business activity that may not be realized. City of Clearwater Economic Development Department made reasonable efforts to ensure that the project-specific data entered into the Total Impact model reflects realistic estimates of future activity. No warranty or representation is made by City of Clearwater Economic Development Department or Impact DataSource that any of the estimates or results contained in this study will actually be achieved. Scenario 2 - Standard Use Scenario 23 Economic Impact Introduction…………………………………………………………………………………………4 Description of the Project……………………………………………………………………4 Economic Impact Overview…………………………………………………………………4 Temporary Construction Impact……………………………………………………………6 Fiscal Impact Fiscal Impact Overview…………………………………………………………………………7 City of Clearwater……………………………………………………………………………8 Pinellas County…………………………………………………………………………………10 Pinellas County Public Schools…………………………………………………………11 Benefits for Other Taxing Districts……………………………………………………12 Methodology Overview of Methodology ……………………………………………………………………13 About Impact DataSource……………………………………………………………………14 CONTENTS Scenario 2 - Standard Use Scenario 24 SCENARIO 2 - STANDARD USE SCENARIO | ECONOMIC IMPACT Introduction This report presents the results of an economic impact analysis performed using Total Impact, a model developed by Impact DataSource. The report estimates the impact that a potential project in Pinellas County will have on the local economy and estimates the costs and benefits for local taxing districts over a 10-year period. Description of the Project Economic Impact Overview The Project's operations will support employment and other economic impacts in the community. The 191.1 workers directly employed by the Project will earn approximately $34,000 per year on average over the next 10 years. This direct activity will support 93.5 indirect and induced workers in the community earning $40,000 on average over the next 10 years. The total additional payroll or workers' earnings associated with the Project is estimated to be approximately $102.3 million over the next 10 years. Accounting for various taxable sales and purchases, including activity associated with the Project, worker spending, and visitors' spending in the community, the Project is estimated to support approximately $25.6 million in taxable sales over the next 10 years. Table 1. Economic Impact Over the Next 10 Years Indirect & Direct Induced Total Number of permanent direct, indirect, and induced jobs to be created 191.1 93.5 284.6 Salaries to be paid to direct, indirect, and induced workers $64,948,714 $37,345,512 $102,294,226 Taxable sales and purchases expected in the City $18,034,449 $7,525,121 $25,559,570 Impact DataSource derived this analysis to illustrate the impact of a hypothetical development scenario. Scenario 2 - Standard Use Scenario 25 SCENARIO 2 - STANDARD USE SCENARIO | ECONOMIC IMPACT The Project may result in new residents moving to the community and potentially new residential properties being constructed as summarized below. Table 2. Population Impacts Over the Next 10 Years Indirect & Direct Induced Total Number of direct, indirect, and induced workers who will move to the County 62.1 30.4 92.5 Number of new residents in the County 161.5 79.0 240.5 Number of new residential properties to be built in the County 0.0 0.0 0.0 Number of new students expected to attend local school district 31.1 15.2 46.3 The Project is estimated to support an average of approximately $11.0 million in new non-residential taxable property each year over the next 10 years. The taxable value of property supported by the Project over the 10-year period is shown in the following table. Table 3. Value of Taxable Property Supported by the Project Over the Next 10 Years The Project's Property Total New Buildings & Furniture, Subtotal Residential & Residential Other Real Prop. Fixtures, & Nonresidential Nonresidential Year Property Land Improvements Equipment Property Property 2019 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2020 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2021 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2022 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2023 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2024 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2025 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2026 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2027 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2028 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 The taxable value of residential property represents the value of properties that may be constructed as a result of new workers moving to the community. This analysis assumes the residential real property appreciation rate to be 2.0% per year. The Project's real property is assumed to appreciate at a rate of 2.0% per year. The analysis assumes the Project's furniture, fixtures, and equipment will depreciate over time according to the depreciation schedule shown in Appendix A. Scenario 2 - Standard Use Scenario 26 SCENARIO 2 - STANDARD USE SCENARIO | ECONOMIC IMPACT Temporary Construction Impact The Project will include an initial period of construction where $10.4 million will be spent to construct new buildings and other real property improvements. It is assumed that 50.0% of the construction expenditure will be spent on materials and 50.0% on labor. The temporary construction activity will support temporary economic impacts in the community in the form of temporary construction employment and sales for local construction firms. Table 3. Spending and Estimated Direct Employment Impact of Project-Related Construction Activity Amount Total construction expenditure $10,403,811 Materials $5,201,905 Labor $5,201,905 Temporary Construction Workers Supported (Average Earnings = $44,000) 118.2 The following table presents the temporary economic impacts resulting from the construction. Table 4. Temporary Economic Impact of Project-Related Construction Activity Indirect & Direct Induced Total Number of temporary direct, indirect, and induced job years to be supported* 118.2 71.4 189.6 Salaries to be paid to direct, indirect, and induced workers $5,201,905 $2,295,081 $7,496,986 Revenues or sales for businesses related to construction $10,403,811 $7,051,703 $17,455,513 * A job year is defined as full employment for one person for 2080 hours in a 12-month span. Sales tax calculations related to construction activity are presented in the following table. The sales tax revenue generated from construction-period taxable spending is included in the fiscal impact for affected districts in Year 1 of this analysis. Table 5. Construction-Related Taxable Spending Estimate Expenditure for Materials $5,201,905 Percent of Materials subject to local tax 50.0% Subtotal Taxable Materials $2,600,953 Expenditure for Labor / Paid to construction workers $5,201,905 Percent of gross earnings spent on taxable goods and services 27.0% Percent of taxable spending done locally 65.0% Subtotal Taxable Construction Worker Spending $912,934 Expenditure for Furniture, Fixtures, & Equipment (FF&E) $2,205,225 Percent of FF&E subject to local tax 65.0% Subtotal Taxable FF&E Purchases $1,433,396 Total Construction-Related Taxable Spending $4,947,283 The above construction analysis focuses on the impact resulting from the Project's construction investments identified in Year 1. If construction will be phased in over several years or an expansion is planned in a later year, parallel calculations will be performed for those years. Scenario 2 - Standard Use Scenario 27 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT Fiscal Impact Overview The Project will generate additional benefits and costs for local taxing districts, a summary of which is provided below. The source of specific benefits and costs are provided in greater detail for each taxing district on subsequent pages. Overall, the County will receive approximately $974,200 in net benefits over the 10-year period and the Project will generate $3,504,600 in total for all local taxing districts. Table 6. Fiscal Net Benefits Over the Next 10 Years for Local Taxing Districts Present Net Value of Benefits Costs Benefits Net Benefits* City of Clearwater $2,448,408 ($982,183) $1,466,226 $1,127,433 Pinellas County $1,330,189 ($355,940) $974,249 $755,231 Pinellas County Public Schools $2,690,741 ($1,828,428) $862,313 $665,317 Southwest Florida WMD $34,593 $0 $34,593 $26,712 Transit District $66,324 $0 $66,324 $51,214 Juvenile Welfare Board $99,226 $0 $99,226 $76,620 Pinellas County Planning Council $1,657 $0 $1,657 $1,280 Total $6,671,139 ($3,166,551) $3,504,588 $2,703,807 * The Present Value of Net Benefits expresses the future stream of net benefits received over several years as a single value in today's dollars. Today's dollar and a dollar to be received at differing times in the future are not comparable because of the time value of money. The time value of money is the interest rate or each taxing entity's discount rate. This analysis uses a discount rate of 5% to make the dollars comparable. Figure 1. Net Benefits Over the Next 10 Years for Local Taxing Districts $1,466,226 $974,249 $862,313 $34,593 $66,324 $99,226 $1,657 $0 $400,000 $800,000 $1,200,000 $1,600,000 City of Clearwater Pinellas County Pinellas County Public Schools Southwest Florida WMD Transit District Juvenile Welfare Board Pinellas County Planning Council Scenario 2 - Standard Use Scenario 28 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT City of Clearwater The table below displays the estimated additional benefits, costs, and net benefits to be received by the City over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 7. City of Clearwater: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Sales Taxes* $20,448 Property Taxes - Project $455,869 Tangible Taxes - Project $113,679 Property Taxes - New Residential $0 Utility Revenue $386,598 Utility Franchise Fees $225,854 Utility Taxes $414,608 Building Permits and Fees $0 Impact Fees $0 Miscellaneous Taxes & User Fees $831,352 Subtotal Benefits $2,448,408 Cost of Providing Municipal Services ($595,585) Cost of Providing Utility Services ($386,598) Subtotal Costs ($982,183) Net Benefits $1,466,226 Present Value (5% discount rate) $1,127,433 * Share of local option infrastructure surtax. Figure 2. Annual Fiscal Net Benefits for the City of Clearwater ($150,000) ($100,000) ($50,000) $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Year Benefits Costs Net Benefits Scenario 2 - Standard Use Scenario 29 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT The City will receive benefits from the activity, spending, and investments associated with (1) the Project and (2) the workers. These benefits, associated costs, and resulting net benefits for the next 10 years are shown below for these two categories. Table 8: Net Benefits to the City from the Project and Workers The Project Workers Total Sales Taxes* $3,958 $16,490 $20,448 Property Taxes - Project $455,869 $0 $455,869 Tangible Taxes - Project $113,679 $0 $113,679 Property Taxes - New Residential $0 $0 $0 Utility Revenue $122,096 $264,501 $386,598 Utility Franchise Fees $190,855 $35,000 $225,854 Utility Taxes $324,838 $89,770 $414,608 Building Permits and Fees $0 $0 $0 Impact Fees $0 $0 $0 Miscellaneous Taxes & User Fees $642,460 $188,891 $831,352 Subtotal Benefits $1,853,756 $594,653 $2,448,408 Cost of Providing Municipal Services ($460,395) ($135,190) ($595,585) Cost of Providing Utility Services ($122,096) ($264,501) ($386,598) Subtotal Costs ($582,492)($399,691)($982,183) Net Benefits $1,271,264 $194,962 $1,466,226 Percent of Total Net Benefits 86.7% 13.3% * Share of local option infrastructure surtax. Scenario 2 - Standard Use Scenario 30 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT Pinellas County The table below displays the estimated additional benefits, costs, and net benefits to be received by the County over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 9. Pinellas County: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Sales Taxes* $132,654 Property Taxes - Project $554,896 Tangible Taxes - Project $118,178 Property Taxes - New Residential $0 Utility Taxes $8,447 Tourist Development Taxes $0 Building Permits and Fees $0 Impact Fees $0 Miscellaneous Taxes & User Fees $516,014 Subtotal Benefits $1,330,189 Cost of Providing County Services ($355,940) Subtotal Costs ($355,940) Net Benefits $974,249 Present Value (5% discount rate) $755,231 * Share of local option infrastructure surtax. Figure 3. Annual Fiscal Net Benefits for Pinellas County ($50,000) $0 $50,000 $100,000 $150,000 $200,000 12345678910 Year Benefits Costs Net Benefits Scenario 2 - Standard Use Scenario 31 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT The County will receive benefits from the activity, spending, and investments associated with (1) the Project and (2) the workers. These benefits, associated costs, and resulting net benefits for the next 10 years are shown below for these two categories. Table 10: Net Benefits to the County from the Project and Workers The Project Workers Total Sales Taxes* $25,676 $106,978 $132,654 Property Taxes - Project $554,896 $0 $554,896 Tangible Taxes - Project $118,178 $0 $118,178 Property Taxes - New Residential $0 $0 $0 Utility Taxes $0 $8,447 $8,447 Tourist Development Taxes $0 $0 $0 Building Permits and Fees $0 $0 $0 Impact Fees $0 $0 $0 Miscellaneous Taxes & User Fees $267,866 $248,148 $516,014 Subtotal Benefits $966,616 $363,573 $1,330,189 Cost of Providing County Services ($171,602) ($184,339) ($355,940) Subtotal Costs ($171,602)($184,339)($355,940) Net Benefits $795,014 $179,234 $974,249 Percent of Total Net Benefits 81.6% 18.4% * Share of local option infrastructure surtax. Pinellas County Public Schools The table below displays the estimated additional benefits, costs, and net benefits to be received by the school district over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 11. Pinellas County Public Schools: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Property Taxes - Project $619,823 Tangible Taxes - Project $154,564 Property Taxes - New Residential $0 Additional State and Federal Funding $1,916,354 Subtotal Benefits $2,690,741 Cost of Educating New Students ($1,828,428) Subtotal Costs ($1,828,428) Net Benefits $862,313 Present Value (5% discount rate) $665,317 Scenario 2 - Standard Use Scenario 32 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT Benefits for Other Taxing Districts The table below displays the estimated additional property taxes to be received by other taxing districts over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 12. Other Taxing Districts: Benefits Over the Next 10 Years Property Tangible Residential Taxes Taxes Property Taxes Total Southwest Florida WMD $27,688 $6,905 $0 $34,593 Transit District $66,324 $0 $0 $66,324 Juvenile Welfare Board $79,421 $19,805 $0 $99,226 Pinellas County Planning Council $1,326 $331 $0 $1,657 Benefits $174,760 $27,040 $0 $201,801 Present Value (5% discount rate)$155,825 Scenario 2 - Standard Use Scenario 33 SCENARIO 2 - STANDARD USE SCENARIO | METHODOLOGY Overview of Methodology The Total Impact model combines project-specific attributes with community data, tax rates, and assumptions to estimate the economic impact of the Project and the fiscal impact for local taxing districts over a 10-year period. The economic impact as calculated in this report can be categorized into two main types of impacts. First, the direct economic impacts are the jobs and payroll directly created by the Project. Second, this economic impact analysis calculates the indirect and induced impacts that result from the Project. Indirect jobs and salaries are created in new or existing area firms, such as maintenance companies and service firms, that may supply goods and services for the Project. In addition, induced jobs and salaries are created in new or existing local businesses, such as retail stores, gas stations, banks, restaurants, and service companies that may supply goods and services to new workers and their families. The economic impact estimates in this report are based on the Regional Input-Output Modeling System (RIMS II), a widely used regional input-output model developed by the U. S. Department of Commerce, Bureau of Economic Analysis. The RIMS II model is a standard tool used to estimate regional economic impacts. The economic impacts estimated using the RIMS II model are generally recognized as reasonable and plausible assuming the data input into the model is accurate or based on reasonable assumptions. Impact DataSource utilizes county-level multipliers to estimate the impact occurring at the sub-county level. Two types of regional economic multipliers were used in this analysis: an employment multiplier and an earnings multiplier. An employment multiplier was used to estimate the number of indirect and induced jobs created or supported in the area. An earnings multiplier was used to estimate the amount of salaries to be paid to workers in these new indirect and induced jobs. The employment multiplier shows the estimated number of total jobs created for each direct job. The earnings multiplier shows the estimated amount of total salaries paid to these workers for every dollar paid to a direct worker. The multipliers used in this analysis are listed below: 561400 Business support services City County Employment Multiplier (Type II Direct Effect )1.2788 1.4892 Earnings Multiplier (Type II Direct Effect ) 1.3277 1.5750 The fiscal impacts calculated in this report are detailed in Appendix C. Most of the revenues estimated in this study result from calculations relying on (1) attributes of the Project, (2) assumptions to derive the value of associated taxable property or sales, and (3) local tax rates. In some cases, revenues are estimated on a per new household, per new worker, or per new school student basis. The company or Project developer was not asked, nor could reasonably provide data for calculating some other revenues. For example, while the city and county will likely receive revenues State Shared Revenue, fuel taxes, various charges for services, fines and forfeitures but the company cannot identify these amounts. Therefore, some revenues are calculated using an average revenue approach. This approach uses relies on two assumptions: 1. The taxing entity has two general revenue sources: revenues from residents and revenues from businesses. 2. The taxing entity will collect (a) about the same amount of miscellaneous taxes and user fees from each new household that results from the Project as it currently collects from existing households on average, and (b) the same amount of miscellaneous taxes and user fees from the new business (on a per worker basis) will be collected as it collects from existing businesses. This report presents the results of an analysis undertaken by the City of Clearwater Economic Development Department using Total Impact, an economic and fiscal impact analysis tool developed and supported by the Austin, TX based economic consulting firm, Impact DataSource. Scenario 2 - Standard Use Scenario 34 SCENARIO 2 - STANDARD USE SCENARIO | METHODOLOGY In the case of the school district, some additional state and federal revenues are estimated on a per new school student basis consistent with historical funding levels. Additionally, this analysis sought to estimate the additional expenditures faced by the city and county to provide services to new households and new businesses. A marginal cost approach was used to calculate these additional costs. This approach relies on two assumptions: 1. The taxing entity spends money on services for two general groups: revenues from residents and revenues from businesses. 2. The taxing entity will spend slightly less than its current average cost to provide local government services (police, fire, EMS, etc.) to (a) new residents and (b) businesses on a per worker basis. In the case of the school district, the marginal cost to educate new students was estimated based on a portion of the school's current expenditures per student and applied to the headcount of new school students resulting from the Project. About Impact DataSource Impact DataSource is an Austin economic consulting, research, and analysis firm founded in 1993. The firm has conducted over 2,500 economic impact analyses of firms, projects, and activities in most industry groups in Texas and more than 30 other states. In addition, Impact DataSource has prepared and customized more than 50 economic impact models for its clients to perform their own analyses of economic development projects. These clients include the Metro Orlando (Florida) Economic Development Commission and the Frisco (Texas) Economic Development Corporation. Scenario 2 - Standard Use Scenario 35 |1CITY OF CLEARWATER SELF-STORAGE IN US19 REGIONAL CENTER Economic & Fiscal Impacts October 2018 Direct Jobs, 9.9 Direct Jobs, 191.1 Spin Off Jobs, 4.2 Spin Off Jobs, 93.5 Total Earnings, $5,028,026 Total Earnings, $102,294,226 Net Benefits to City, $271,167 Net Benefits to City, $1,466,226 ECONOMIC & FISCAL IMPACT* 10 YEARS Self-Storage/Retail Office/Retail * Impact DataSource, Austin, TX – October 10, 2018 GULF-TO-BAY/DREW REGIONAL CENTER 3 Parcels 4.932 Acres COUNTRYSIDE REGIONAL CENTER 13 Parcels 24.049 Acres Subject site POTENTIAL ASSEMBLAGE? 1976 - Former Denny’s 1975 - Centennial Bank 1.89 +/- Acres Subject site |6CITY OF CLEARWATER SELF-STORAGE IN US19 REGIONAL CENTER Economic & Fiscal Impacts October 2018 MOTION TO AMEND ORDINANCE NO. 9161-18 ON FIRST READING On page 3 of the ordinance, Section B-303.A. Table 2 is amended to read as follows to add parcel size limitations to self-storage warehouses in the Regional Center Subdistricts: Section B-303. - Permitted uses and parking. A) Use and Parking Table Permitted uses and approval levels by Subdistricts, along with parking requirements, are listed in Table 2. Use and Parking. Active uses are required at identified key corners, as defined in Section B-303.B. * * * * * * * * * * Table 2. Use and Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off- Street Parking Spaces Self- storage warehouse FLS X X FLS 1. In the Corridor Subdistrict, Aaccess 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. 2. Self-Storage may be permitted in the Regional Center Subdistrict provided the following is met: Such use shall only be located on parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type; 100% of the ground floor frontage and a minimum of 20% of the total ground floor area shall include fully-enclosed building space, occupied by retail, restaurant, and/or office uses not associated with the self-storage use; access to all storage units shall be from the building interior; and 1/150 1/20 self- storage units. plus 2 for manager’s office 4/1,000 sf of non-storage use as required for Self-storage warehouse in the Regional Center. outdoor storage shall be prohibited. 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 ___________________________ Pamela K. Akin City Attorney October 18, 2018 1 ORDINANCE NO. 9161-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B- 303, TABLE 2 TO ADD REQUIREMENT FOR GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE FOR SELF STORAGE WAREHOUSE USE; MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO ALLOW SELF STORAGE WAREHOUSE USE WITH REQUIRED GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE USES IN REGIONAL CENTER SUBJECT TO FLS APPROVAL; MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO MODIFY PARKING REQUIREMENTS FOR SELF-STORAGE WAREHOUSE USE WITH REQUIRED GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE TO SUPPORT PEDESTRIAN ACTIVITY; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “promote employment and transit forms, patterns, and intensities of development.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “encourage development of mixed use destinations at major cross streets.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to have uses that “provide for the design of safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS, the vision of the US-19 Regional Center Plan primarily depicts having multi- story buildings as opposed to single story buildings. WHEREAS, multi-story mixed use buildings with “office” or “attached dwelling” above first floor ground floor Retail, Restaurant, or Office uses are not always feasible to be developed, especially on smaller sized parcels with constraints to meet required parking for multi-story residential or office buildings under the Development Code. WHEREAS, “Automobile service stations” is an allowed passive use in the Regional Center, as provided on Table 2. WHEREAS, “Schools” is an allowed passive use in the Regional Center, as provided on Table 2. 2 WHEREAS, “Parking garages” is an allowed passive use in the Regional Center, as provided on Table 2, that allows for the storage of vehicles. WHEREAS, “Self-storage warehouse,” is a passive use that allows for the storage of things which is not allowed in the Regional Center per Table 2. WHEREAS, the City of Clearwater recognizes the active use of ground floor Retail, Restaurant, or Office uses for the Regional Center because Table 2 allows for standalone single story Retail, Restaurant, or Office uses by right. WHEREAS, “Self-storage warehouse” use, when combined with ground floor Retail, Restaurant, or Office, changes the character of self-storage warehouse’s passive use to an active use that is more active than parking garages, schools, automobile service stations, and some other existing allowed uses in the Regional Center. WHEREAS, the uses allowed in Regional Center, as provided on Table 2, currently make no distinction between a standalone “Self-storage warehouse” use and a mixed use building with “Self-storage warehouse” and ground floor Retail, Restaurant, or Office uses. WHEREAS, “Self-storage warehouse” use when combined with ground floor Retail, Restaurant, or Office uses “promotes employment and transit forms, patterns, and intensities of development.” WHEREAS, “Self-storage warehouse” use when combined with ground floor Retail, Restaurant, or Office uses “encourage development of mixed use destinations at major cross streets” because it can eventually be converted to residential or office above the ground floor. WHEREAS, “Self-storage warehouse” when combined with ground floor Retail, Restaurant, or Office uses “provides for the safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS the City of Clearwater adopted US 19 Zoning District and Development uses as provided on Table 2 do not allow for “self-storage warehouse,” in the Regional Center, even when combined with ground floor Retail, Restaurant, or Office uses. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and promote more ground floor Retail, Restaurant, or Office uses in the Regional Center to further the intent and purpose of the US-19 Zoning Districts & Standards Plan; and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision; now therefore, 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That TABLE 2, Appendix B of the Community Development Code be amended to read as follows: Section B-303. - Permitted uses and parking. A) Use and Parking Table Permitted uses and approval levels by Subdistricts, along with parking requirements, are listed in Table 2. Use and Parking. Active uses are required at identified key corners, as defined in Section B-303.B. * * * * * * * * * * Table 2. Use and Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off- Street Parking Spaces Self- storage warehouse FLS X X FLS 1. In the Corridor Subdistrict, Aaccess 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. 2. Self-Storage may be permitted in the Regional Center Subdistrict provided the following is met: Such use shall only be located on parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type; 100% of the ground floor frontage and a minimum of 20% of the total ground floor area shall include fully-enclosed building space, occupied by retail, restaurant, and/or office uses not associated with the self-storage use; access to all storage units shall be from the building interior; and 1/150 1/20 self- storage units. plus 2 for manager’s office 4/1,000 sf of non-storage use as required for Self-storage warehouse in the Regional Center. 4 outdoor storage shall be prohibited. 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 * * * * * * * * * * Section 2.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 3.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 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.Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6.This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND READING AND FINAL READING AS AMENDED AND ADOPTED _____________________________ ____________________________ George N. Cretekos Mayor Approved as to form: Attest: 5 ________________________________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: TA2018-07004 Agenda Date: 10/18/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Approve amendments to the Clearwater Community Development Code repealing and replacing Chapter 51 Flood Damage Prevention and amending Chapter 47 Buildings and Building Regulations to adopt new floodplain management regulations utilizing the Florida Department of Emergency Management’s (FDEM) model ordinance and pass Ordinance 9189-18 on first reading. (TA2018-07004) SUMMARY: Proposed Ordinance 9189-18 represents the first significant update to the City of Clearwater’s floodplain management regulations since they were adopted in 1980. The City manages and regulates activities and development in its floodplains through provisions in Community Development Code Chapter 51. Flood Damage Prevention, and to a lesser degree in Chapter 47. Buildings and Building Regulations. Since then, a few minor amendments have been made, but most of the regulations remain unchanged. The primary reason for updating the floodplain management regulations is to ensure that the City’s regulations comply with and are consistent with the Florida Building Code (FBC). The Florida Department of Emergency Management (FDEM) developed a model ordinance approved by The Federal Emergency Management Agency (FEMA) which incorporates the updated FBC requirements that became effective with the 2010 edition and satisfies the requirements of the National Flood Insurance Program. Proposed Ordinance 9189-18 also addresses city-specific needs by including additional requirements for the purposes of participating in the Community Rating System (CRS) and to gain points and reduce flood insurance rates. Chapter 51. Flood Damage Prevention The new Chapter 51 is organized into three Articles, as summarized below: Article I. Administration: ·Includes general provisions such as scope and intent of the Floodplain Management Ordinance and a disclaimer of liability; ·Establishes that the chapter applies to flood hazard areas, and details the duties and powers of the Floodplain Administrator, which is the Community Development Coordinator; ·Requires permits for any development activity within the scope of the Ordinance; ·Sets forth exemptions, application procedures, site plan requirements, rules for inspections, and the process for variances; and Page 1 City of Clearwater Printed on 10/17/2018 File Number: TA2018-07004 ·Establishes what constitutes a violation. Article II. Definitions: ·Includes the definitions for terms that specifically apply to this Ordinance, adding numerous new definitions to the Ordinance, deleting certain terms no longer applicable or referenced within, and making some substantial modifications to terms in the section. Article III. Flood Resistant Development: ·Establishes the requirements for flood resistant development including limitations on development specifically in floodways, isolated wetlands and preservation areas, as well as where compensatory excavation is required for development outside of floodways; ·Includes additional requirements for buildings, structures and facilities that would otherwise be exempt from the FBC; ·Sets forth requirements for subdivisions, site improvements and utilities, manufactured homes, recreational vehicles and park trailers, the placement of underground and above-ground tanks, and hazardous materials; and ·Includes general requirements for other development including fences, retaining walls, sidewalks, roads and watercourse crossings, parking pads, enclosed floors landings, decks and similar nonstructural uses, nonstructural fill, in both regulatory floodways and coastal high hazard areas. Chapter 47 Buildings and Building Regulations Proposed changes to Chapter 47 include certain amendments to existing language as well as the addition of a new section as follows: ·Updates language to bring consistency between this chapter and the proposed changes to Chapter 51, specifically regarding minimum floor elevations as well as adoption and enforcement; ·Adds a new section containing administrative and technical amendments to the FBC addressing multiple disciplines (e.g., Residential, Existing Building, and Building) to be consistent with the amendments of Chapter 51, including requiring declaration of land restriction (nonconversion agreement) for residential (one- and two-family) buildings; revisions to substantial improvement definition to incorporate when the one-year period begins, bringing consistency throughout City codes; removing exception in ASCE 24 by disallowing stem walls in Coastal A Zone; amending elevation requirements to require elevation to or above the base flood elevation plus two feet, where one foot was previously required; and requiring open foundations in the Coastal A zone. Higher CRS-Related Standards As mentioned previously, Proposed Ordinance 9189-18 includes certain “higher standards ”, which are not required but if adopted, they would make the City eligible for additional CRS points. The proposed increase to the design flood elevation (often referred to as freeboard) was discussed with City Council at its November 13, 2017 Work Session, while the standard regarding the Coastal A Zone is newly proposed for City Council consideration. FEMA recently released updated preliminary Flood Insurance Rate Maps (FIRMs) for Pinellas County, which are anticipated to be effective sometime in 2019. The preliminary FIRMs identify the Coastal A Zone, which is an area where waves can reach between 1.5 and 3 feet in height Page 2 City of Clearwater Printed on 10/17/2018 File Number: TA2018-07004 (the V Zone includes areas where waves are 3+ feet in height). FEMA uses a line called the Limit of Moderate Wave Action (LiMWA) to identify these Coastal A Zones [see first FEMA Fact Sheet (Coastal Flood Risk Information and the Limit of Moderate Wave Action)]. Coastal A Zones have not previously been depicted on the FIRMs for this region. Specifically, Ordinance 9189-18 proposes to apply the same limitations applicable to the V Zone to the Coastal A Zone, which is a recommended best practice, including the prohibition of floodproofing as an option for commercial structures. FEMA has found that wave heights as small as 1.5 feet can cause significant damage to coastal structures not built to withstand these hazards, and although it does not impose requirements based on the LiMWA line, FEMA encourages building to V Zone standards within the Coastal A Zone. This would yield the greatest number of CRS points to the community, but there are other options that would also qualify for a lower number of CRS points which City Council could consider. These are summarized in the second FEMA Fact Sheet (Using the Limit of Moderate Wave Action (LiMWA) to Build Safer and Stronger Coastal Communities). The Coastal Construction Code for Pinellas County already establishes “Zone 2” which is the area extending 300 feet landward of the coastal construction control line. The FBC establishes higher standards for construction within this Zone, such as requiring pilings and break -away walls, similar to the requirements for construction within the V Zone; however, there may be opportunities for floodproofing within Zone 2 which is prohibited in the V Zone. While there is likely significant overlap between the Zone 2 and portions of the new Coastal A Zone area on the beach, there are also portions of the beach outside of Zone 2 and the mainland waterfronts that will have the Coastal A Zone applied. Staff will provide maps of FEMA ’s preliminary Coastal A Zone to City Council at Work Session. The Planning & Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) unanimously approved the proposed amendments at its regularly scheduled meeting on September 18, 2018. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 10/17/2018 Ordinance No. 9189-18 1 ORDINANCE NO. 9189-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO FLOODPLAIN MANAGEMENT CONSISTENT WITH THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT’S REQUIREMENTS; AMENDING THE CITY OF CLEARWATER COMMUNITY DEVELOPMENT CODE BY REPEALING CHAPTER 51 FLOOD DAMAGE PREVENTION; ADOPTING A NEW CHAPTER 51 FLOOD DAMAGE PREVENTION WHICH ADOPTS FLOOD HAZARD MAPS, DESIGNATES A FLOODPLAIN ADMINISTRATOR, ADOPTS PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS AND FOR OTHER PURPOSES; AMENDING CHAPTER 47 TO ADOPT LOCAL ADMINISTRATIVE AND TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE RELATED TO FLOOD DAMAGE PREVENTION; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ______________________________________________________________________ WHEREAS, the Legislature of the State of Florida has, in Chapter 166 – Municipalities, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Clearwater, Florida and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, the City of Clearwater, Florida was accepted for participation in the National Flood Insurance Program on June 4, 1971 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative and technical amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Council is adopting a requirement to require accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a one-year period, to increase the minimum elevation requirement, to require declarations of land restriction (nonconversion agreements) for enclosures below elevated dwellings, and to modify coastal high hazard requirements for application in Coastal A Zones, for buildings and structures in flood hazard areas for the purpose of participating in the National Flood Insurance Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and Ordinance No. 9189-18 2 WHEREAS, the City Council is adopting a requirement where new and substantially improved critical facilities shall be protected from damage and loss of access as a result of the 500-year flood or the flood of record whichever is higher for the purpose of participating in the National Flood Insurance Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clearwater, Florida that any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict, and the following floodplain management regulations are hereby adopted. SECTION 1. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 51, Flood Damage Prevention, Community Development Code. Chapter 51 FLOOD DAMAGE PREVENTION ARTICLE I. ADMINISTRATION DIVISION 1. IN GENERAL Sec. 51.001. Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Clearwater, Florida, hereinafter referred to as “this chapter.” This chapter shall be a part of the Community Development Code, adopted pursuant to the authority set forth in Community Development Code Section 1-102. Sec. 51.002. Scope. The provisions of this chapter shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Sec. 51.003. Intent. The purposes of this chapter and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; Ordinance No. 9189-18 3 (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. Sec. 51.004. Coordination with the Florida Building Code. This chapter is intended to be administered and enforced in conjunction with the Florida Building Code. Sec. 51.005. Warning. The degree of flood protection required by this chapter as amended by the city, and the Florida Building Code, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps (FIRMs) and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency (FEMA), requiring the city to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter. Sec. 51.006. Disclaimer of Liability. This chapter shall not create liability on the part of the city, its officers, agents, elected or appointed officials or employees thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder. DIVISION 2. APPLICABILITY Sec. 51.101. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Sec. 51.102. Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the city, as established in Section 51.103. Sec. 51.103. Establishing flood hazard areas. (1) Basis for establishing flood hazard areas. The Flood Insurance Study for Pinellas County, Florida and Incorporated Areas, dated August 18, 2009 and all subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this chapter and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Clearwater Engineering Department. (2) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Article 1 of this Chapter, the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the city indicates that ground elevations: (a) Are below the closest applicable base flood elevation, even in areas not delineated as a Ordinance No. 9189-18 4 special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this chapter and, as applicable, the requirements of the Florida Building Code. (b) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Sec. 51.104. Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law. Sec. 51.105. Abrogation and greater restrictions. This chapter supersedes any ordinance or city code in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances or city codes including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this chapter and any other ordinance or city code, the more restrictive shall govern. This chapter shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this chapter. Sec. 51.106. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the city; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. DIVISION 3. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR Sec. 51.201. Designation. The Community Development Coordinator shall be designated as the Floodplain Administrator for the purposes of this chapter. The Floodplain Administrator may delegate performance of certain duties to other employees. Sec. 51.202. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter consistent with the intent and purpose of this chapter and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this chapter without the granting of a variance pursuant to Division 7 of this article. Sec. 51.203. Applications and permits. The Floodplain Administrator duties, in coordination with other pertinent departments of the city, shall include, but not be limited to: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this chapter; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; Ordinance No. 9189-18 5 (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue permits or approvals in flood hazard areas for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this chapter is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this chapter. Sec. 51.204. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Review market value estimate or appraisal to determine if it is complete, reasonable for the specific characteristics of the building, and that it does not include the value of land, land improvements or accessory buildings; (3) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (4) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of “substantial improvement”; and (5) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this chapter is required. Sec. 51.205. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Division 7 of this article. Sec. 51.206. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this chapter. Sec. 51.207. Inspections. The Floodplain Administrator shall make the required inspections as specified in Division 6 of this article for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. Ordinance No. 9189-18 6 Sec. 51.208. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 51.204; (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the FEMA; (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the FIRMs if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this chapter and the Florida Building Code to determine that such certifications and documentations are complete; (5) Notify FEMA when the corporate boundaries of the City are modified; and (6) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on FIRMs as “Coastal Barrier Resource System Areas” and “Otherwise Protected Areas.” Sec. 51.209. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood resistant construction requirements of the Florida Building Code, including FIRMs; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this chapter; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Official Records & Legislative Services Department. DIVISION 4. PERMITS Sec. 51.301. Permits required. Any applicant who intends to undertake any development activity within the scope of this chapter, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied. Issuance of a permit by the city does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the city for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill obligations imposed by a state or federal agency or undertakes actions that result in a violation of Ordinance No. 9189-18 7 state or federal law. Sec. 51.302. Permits or approvals in flood hazard areas. Permits or approvals in flood hazard areas shall be issued pursuant to this chapter for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Sec. 51.303. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), if located in flood hazard areas, permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this chapter: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on FIRMs. Sec. 51.304. Application for a permit or approval. To obtain a permit or approval for development in a flood hazard area the applicant shall first file an application in writing on a form furnished by the City. The information provided shall include, but shall not be limited to, the following: (1) Identify and describe the development to be covered by the permit or approval; (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definit ively locate the site; (3) Indicate the use and occupancy for which the proposed development is intended; (4) Be accompanied by a site plan or construction documents as specified in Division 5 of this article; (5) State the valuation of the proposed work; (6) Be signed by the applicant or the applicant's authorized agent; (7) Give such other data and information as required by the Floodplain Administrator; and (8) For projects proposing to enclose areas under elevated buildings, a signed Declaration of Land Restriction (Nonconversion Agreement); the agreement shall be recorded on the property deed prior to issuance of the Certificate of Occupancy. Sec. 51.305. Validity of permit or approval. The issuance of a permit or approval for development in a flood hazard area pursuant to this chapter shall not be construed to be a Ordinance No. 9189-18 8 permit for, or approval of, any violation of this chapter, the Florida Building Codes, or any other ordinance or city code. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Sec. 51.306. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. Sec. 51.307. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit or approval for development in a flood hazard area if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this chapter or any other City, state or federal ordinance, regulation or requirement. Sec. 51.308. Other permits required. Permits for development in flood hazard areas and building permits shall include a condition that all other applicable county, state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The Southwest Florida Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (6) Federal permits and approvals. DIVISION 5. SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 51.401. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 51.402(2) or (3). (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 51.402(1). (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. Ordinance No. 9189-18 9 (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation, including any proposed compensatory excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. (9) Existing and proposed alignment of any proposed alteration of a watercourse. (10) Elevation of all structures, in relation to the datum on the Flood Insurance Rate Map, of the lowest floor, including basement, or lowest horizontal structural member, as applicable. (11) Datum used to determine the floodplain elevation and source of data. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chapter but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this chapter. Sec. 51.402. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. Sec. 51.403. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed professional engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed Ordinance No. 9189-18 10 development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 51.404 and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to the city for approval and FEMA as specified in Section 51.404. (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. Sec. 51.404. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. DIVISION 6. INSPECTIONS Sec. 51.501. General. Development for which a permit or approval for development in a flood hazard area is required shall be subject to inspection. Sec. 51.502. Development other than buildings and structures. The Floodplain Administrator or designee shall inspect all development to determine compliance with the requirements of this chapter and the conditions of issued permits or approvals for development in a flood hazard area. Sec. 51.503. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this chapter and the conditions of issued permits or approvals for development in a flood hazard area. (1) Lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner’s authorized agent, shall submit to the Floodplain Administrator: (a) If a design flood elevation was used to determine the required elevation of the lowest Ordinance No. 9189-18 11 floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (b) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 51.402(3)(b), the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner’s authorized agent. (2) Final inspection. As part of the final inspection, the owner or owner’s authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 51.503(1). Sec. 51.504. Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this chapter and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. DIVISION 7. VARIANCES AND APPEALS Sec. 51.601. General. The Building/Flood Board of Adjustment and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of this chapter and from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. Sec. 51.602. Appeals. The Building/Flood Board of Adjustment and Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this chapter. The procedures for the Building/Flood Board of Adjustment and Appeals are located in Section 47.034 of the city’s Community Development Code, and procedures dealing with appeals and variances are located in Section 47.035. In order to grant an appeal, overturning or modifying the decision appealed from, the Building/Flood Board of Adjustment and Appeals shall find that based on substantial competent evidence presented by the applicant or other party, each and every one of the following criteria are met: (1) The decision appealed from misconstrued or incorrectly interpreted the provisions of this chapter; (2) The decision of the Building/Flood Board of Adjustment and Appeals will be in harmony with the general intent and purpose of this chapter; and (3) The decision of the Building/Flood Board of Adjustment and Appeals will not be detrimental to the public health, safety and general welfare. A decision of the board shall be final, subject to judicial review by certiorari in circuit court. Sec. 51.603. Limitations on authority to grant variances. The Building/Flood Board of Adjustment and Appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 51.607, the conditions of issuance set forth in Section 51.608, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Building/Flood Board of Adjustment and Appeals Ordinance No. 9189-18 12 has the right to attach such conditions as it deems necessary to further the purposes and objectives of this chapter. Sec. 51.604. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 51.403. Sec. 51.605. Historic buildings. A variance is authorized to be issued for the repair, improvement, reconstruction, restoration or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, reconstruction, restoration or rehabilitation will not preclude the building’s continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building’s continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, reconstruction, restoration and rehabilitation shall be subject to the requirements of the Florida Building Code. Historic properties may be required to obtain a certificate of appropriateness pursuant to the city code. No fee shall be required for the variance application and, if the historic structure has a current certificate of appropriateness, no notice of the variance shall be required. Sec. 51.606. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this chapter, provided the variance meets the requirements of Section 51.604, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. Sec. 51.607. Considerations for issuance of variances. In reviewing requests for variances, the Building/Flood Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this chapter, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, Ordinance No. 9189-18 13 electrical and water systems, streets and bridges; and (11) The necessity of the proposed development to a waterfront location, in the case of a functionally dependent use or facility. Sec. 51.608. Conditions for issuance of variances. Upon consideration of the factors listed in Section 51.607, and the purposes of this chapter, the Building/Flood Board of Adjustment and Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Variances shall be issued only upon: (1) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this chapter or the required elevation standards. The burden shall be on the applicant to provide documentation, sufficient to the satisfaction of the Floodplain Administrator, to show that the standards and conditions required for the granting of a variance have been met; (2) Determination by the Building/Flood Board of Adjustment and Appeals that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship. For the purpose of this section, an exceptional hardship can only be caused by a peculiar and unique circumstance related directly to the land and shall not be the result of inconvenience, aesthetic consideration, physical or medical handicap, personal preference, financial considerations, or any after-the-fact circumstance created by the inhabitants of the structure or the present or previous property owners; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court at the applicant’s expense, and in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. DIVISION 8. VIOLATIONS Sec. 51.701. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this chapter that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this chapter, shall be deemed a violation of this chapter. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this chapter or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. Ordinance No. 9189-18 14 Sec. 51.702. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this chapter and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner’s agent, or to the person or persons performing the work. Sec. 51.703. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by Article 7 of the city’s Community Development Code. ARTICLE II. DEFINITIONS DIVISION 1. IN GENERAL Sec. 51.801. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this chapter, have the meanings shown in this article. Sec. 51.802. Terms defined in the Florida Building Code. Where terms are not defined in this chapter or the city code and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in the Florida Building Code. Sec. 51.803. Terms not defined. Where terms are not defined in this chapter, the city code, or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. DIVISION 2. DEFINITIONS Actual Cash Value means the present day cost to replace a building on the same parcel with a new building of the same size and configuration that is intended for the same purpose and using comparable materials and quality, minus depreciation for age, use, neglect and quality of construction. Actual Cash Value does not consider loss in value due to outmoded design or location factors. Adverse Impact means any modifications, alterations or effects on a feature or characteristic of water or floodprone lands, including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or potentially may be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity or stability or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts. Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal means a request for a review of the Building Official’s and/or Floodplain Administrator’s interpretation of any provision of this chapter. ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Ordinance No. 9189-18 15 Civil Engineers. Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the “1-percent-annual chance flood.” Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). Basement means the portion of a building having its floor subgrade (below ground level) on all sides. Building means any structure built for support, shelter or enclosure for any occupancy or storage. Building official means the building official of the city within the meaning of the building code adopted for enforcement within the city. City engineer means the city engineer or Director of Engineering of the city. Coastal A Zone means flood hazard areas that have been delineated as subject to wave heights between 1 ½ feet (457 mm) and 3 feet (914 mm). Such areas are seaward of the Limit of Moderate Wave Action shown on the Flood Insurance Rate Map. Coastal construction control line means the line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area means a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as “high hazard areas subject to high velocity wave action” or “V Zones” and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. This term is not to be confused with the “coastal high hazard area” defined in the City of Clearwater Comprehensive Plan, which is based upon the Sea, Lake and Overland Surges from Hurricanes (SLOSH) model, and used for land use planning purposes. Compensatory excavation means that excavation within or directly contiguous to a floodplain for the purpose of hydraulically balancing proposed fill. Critical Facility means structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials; Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after flood; and Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood. Declaration of Land Restriction (Nonconversion Agreement) means a form provided by the Ordinance No. 9189-18 16 Floodplain Administrator to be signed by the owner and recorded on the property deed in Official Records of the Clerk of Courts, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated dwellings. Design flood means the flood associated with the greater of the following two areas: (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Design flood elevation means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. Development means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure means any buildings and structures for which the “start of construction” commenced before June 4, 1971. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 4, 1971. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means the federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. Ordinance No. 9189-18 17 Flood hazard area means the greater of the following two areas: (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM) means the official map of the community on which the Federal Emergency Management Agency (FEMA) has delineated both special flood hazard areas and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by the Federal Emergency Management Agency (FEMA) that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. Floodplain means the lateral extent of inundation by an event of given statistical frequency, such as special flood hazard areas as designated in the FIRMs and 100-year floodplain as designated in the City. Floodplain Administrator means the office or position designated and charged with the administration and enforcement of this chapter. Floodway means the channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Floodway, Regulatory The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Communities must regulate development in these floodways to ensure that there are no increases in upstream flood elevations. For streams and other watercourses where FEMA has provided Base Flood Elevations (BFEs), but no floodway has been designated, the community must review floodplain development on a case-by-case basis to ensure that increases in water surface elevations do not occur, or identify the need to adopt a floodway if adequate information is available. Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code means the family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Ordinance No. 9189-18 18 Hazardous material means those chemicals or substances that are physical hazards or health hazards as defined and classified in the Florida Building Code and the Florida Fire Prevention Code, whether the materials are in usable or waste condition. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck means as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor means the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida); Ordinance No. 9189-18 19 red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus erecta). Manufactured home means a structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or “park trailer.” Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. The market value of a non-residential building does not include the value of the use or occupancy. Market value may be established by a qualified independent appraiser using a recognized appraisal method or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction means for the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the “start of construction” commenced on or after June 4, 1971 and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 4, 1971. Park trailer means a transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. Recreational vehicle means a vehicle, including a park trailer, which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes means a mound, bluff, or ridge of loose sediment, usually sand-sized sediment, lying upward of the beach and deposited by any natural or artificial mechanism, which may be bare or covered with vegetation and is subject to fluctuations in configuration and location. Special flood hazard area means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone Ordinance No. 9189-18 20 A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. Start of construction means the date of issuance of permit for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means any object anchored to the ground, constructed or installed by humankind, including signs, buildings, parking lots, garages, carports, flagpoles, stoops and utility buildings (Note: All buildings are structures, but, not all structures are buildings). Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. Substantial improvement means any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a one year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one– year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance means a grant of relief from the requirements of this chapter, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this chapter or the Florida Building Code. Watercourse means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least intermittently. ARTICLE III. FLOOD RESISTANT DEVELOPMENT DIVISION 1. LIMITATIONS ON DEVELOPMENT Sec. 51.901. Development not permitted in floodways, isolated wetlands, and Ordinance No. 9189-18 21 preservation areas. No new development, substantial improvement, or fill shall be permitted within the regulatory floodway, isolated designated wetlands, or environmentally sensitive areas that are designated as preservation areas on the future land use map adopted by the City of Clearwater. Sec. 51.902. Development permitted outside of floodways. Development, redevelopment or fill is permitted outside of floodways if compensatory excavation is provided. Engineering studies and analyses shall be submitted to demonstrate compensatory excavation hydraulically balances the proposed development, redevelopment or fill. Compensatory excavation shall be taken between the seasonal high water level and the base flood elevation and shall not create adverse impacts to the special flood hazard area. The Floodplain Administrator may waive the requirement for compensatory excavation if the applicant demonstrates that no adverse effects will result from the proposed activities outside the floodway and within the floodplain. DIVISION 2. BUILDINGS AND STRUCTURES Sec. 51.1001. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 51.303, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Division 8 of this article. Sec. 51.1002. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322, as applicable. (2) Minor structures and non-habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this chapter and ASCE 24. Sec. 51.1003. Critical Facilities in the 500-year flood. New and substantially improved critical facilities, where permitted, are required to have lowest floors elevated to or above the 500-year flood elevation or the elevation of the flood or record, whichever is higher, and have flood-free access and egress during the 500-year flood or the flood of record, whichever is higher. DIVISION 3. SUBDIVISIONS Sec. 51.1101 Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures; and (4) Structures are constructed above the base flood elevation. Base flood elevation shall be Ordinance No. 9189-18 22 submitted by the applicant. Sec. 51.1102 Subdivision plans. Where any portion of a subdivision, regardless of type, lies within a flood hazard area, the following shall be required, in addition to any other requirement of the Community Development Code: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on the site plan; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined in accordance with Section 51.402(1); and (3) Compliance with the site improvement and utilities requirements of Division 4 of this article. DIVISION 4. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS Sec. 51.1201. Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 51.1202. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on- site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. Sec. 51.1203. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. Sec. 51.1204. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 51.403(1) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. Sec. 51.1205. Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code, state and federal laws. Sec. 51.1206. Limitations on sites in coastal high hazard areas (Zone V). In coastal high Ordinance No. 9189-18 23 hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 51.403(4) demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 51.1608(3). DIVISION 5. MANUFACTURED HOMES Sec. 51.1301. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. Sec. 51.1302. Limitations on installations in coastal high hazard areas (Zone V). New installations of manufactured homes shall be permitted only in existing manufactured home parks and existing manufactured home subdivisions. Sec. 51.1303. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. (2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. Foundations for manufactured homes subject to Section 51.1305(3) are permitted to be reinforced piers or other foundation elements of at least equivalent strength. Sec. 51.1304. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable anchoring requirements for wind resistance from the U.S. Department of Housing and Urban Development and the U.S. Department of Transportation. Sec. 51.1305. Elevation Requirements. (1) Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 51.13065(2) or 51.13075(3), as applicable. (2) General elevation requirement. Unless subject to the requirements of Section 51.1305(3), all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential. Ordinance No. 9189-18 24 (3) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 51.1305(2), including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential; or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. Sec. 51.1306. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential for such enclosed areas, as applicable to the flood hazard area. Sec. 51.1307. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential, as applicable to the flood hazard area. DIVISION 6. RECREATIONAL VEHICLES AND PARK TRAILERS Sec. 51.1401. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. Sec. 51.1402. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 51.1401 for temporary placement shall meet the requirements of Division 5 of this article for manufactured homes. DIVISION 7. TANKS Sec. 51.1501. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. Sealed engineering designs for anchoring and securing of tanks shall be provided with building permit application. Sec. 51.1502. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 51.1503 shall: (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. (2) Not be permitted in coastal high hazard areas (Zone V). Sec. 51.1503. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that Ordinance No. 9189-18 25 is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. Sealed engineering designs for anchoring and securing of tanks shall be provided with building permit application. Sec. 51.1504. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. DIVISION 8. OTHER DEVELOPMENT Sec. 51.1601. General requirements for other development. All development, including man- made changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of Section 51.1204 if located in a regulatory floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage-resistant materials; (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations; and (6) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. Sec. 51.1602. Fences in regulatory floodways. Fences in regulatory floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 51.1204. Sec. 51.1603. Retaining walls, sidewalks and driveways in regulatory floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulatory floodways shall meet the limitations of Section 51.1204. Sec. 51.1604. Roads and watercourse crossings in regulatory floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulatory floodways shall meet the limitations of Section 51.1204. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 51.403(3). Sec. 51.1605. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: Ordinance No. 9189-18 26 (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) inches. Sec. 51.1606. Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and Coastal A Zones decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. Sec. 51.1607. Other development in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. Sec. 51.1608. Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. Ordinance No. 9189-18 27 (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building, subject to Section 51.403. DIVISION 9. HAZARDOUS MATERIALS Sec. 51.1701. Manufacture and storage of hazardous materials. Structures used for the manufacture or storage of hazardous materials shall not be permitted in any floodplain or floodway. Sec. 51.1702. Discharge of hazardous materials. It shall be unlawful for any person to discharge, cause to be discharged, or allow to be discharged any hazardous materials within any floodplain or floodway. SECTION 2. Chapter 47, Buildings and Building Regulations, Section 47.005 Minimum Floor Elevation and Section 47.051 Adoption and Enforcement, Community Development Code are hereby amended as follows: Sec. 47.005. - Minimum floor elevation. (1) The minimum floor elevation for new buildings or additions to existing buildings sh all be: (a) One foot above the crown of the pavement abutting the building site for the lowest floor, and six inches for all floors buildings and structures not considered the lowest floor as defined by section 51.03, City Code of Ordinances subject to the requirements of Chapter 51 Community Development Code or the Florida Building Code; or (b) Set by the city engineer for new developments or unusual building sites if the elevation exceeds the requirements of the Florida Building Code.; or (c) Set by the flood insurance rate maps. (2) The building official is hereby designated and authorized to enforce this requirement. * * * * * * * * * * Sec. 47.051. - Adoption and enforcement. * * * * * * * * * * (2) The codes and standards described in this section, referred to generally as the "codes," shall be the editi ons described in this section or later editions as may subsequently be adopted or amended by the Florida Building Commission Pinellas County Construction Licensing Board or by the city pursuant to Section 47.054 of this Code. Except the administrative sections or provisions and such other provisions of each code as are amended and set forth in this chapter. A copy of each code and amendments shall be kept on file in the office of the city clerk. Ordinance No. 9189-18 28 SECTION 3. Chapter 47, Buildings and Building Regulations, Clearwater Community Development Code, is hereby amended to include a new Section 47.054 which incorporates language and makes the following administrative and technical amendments to the Florida Building Code. In this section, the amendments to the Florida Building Code are shown in double-underline for added language and strike-through for deleted language. Sec. 47.054. – Amendments to the Florida Building Code. (1) The Florida Building Code, Building is adopted in section 47.051 of this Code, with the following administrative amendment(s): (a) Florida Building Code, Building Section 107.3.5, is amended to read as follows: 107.3.5 Minimum plan review criteria for buildings. * * * * * * * * * * Residential (one- and two-family): * * * * * * * * * * 6. Structural requirements shall include: * * * * * * * * * * Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), equipment, and flood damage-resistant materials. (2) Florida Building Code, Building is adopted in section 47.051 of this Code, with the following technical amendment(s): (a) Florida Building Code, Building Section 202, definition of Substantial Improvement, is amended to read as follows: SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, taking place during a one- year period in which the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one-year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has sustainedincurred “substantial damage,” any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that isare the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. (b) Florida Building Code, Building Section 1612.4 Design and Construction, is amended to read as follows: * * * * * * * * * * 1612.4 Design and construction. * * * * * * * * * * Ordinance No. 9189-18 29 1612.4.1 Modification of ASCE 24. Reserved. Table 6-1 and Section 6.2.1 in ASCE 24 shall be modified as follows: 1. The title of Table 6.1 shall be “Minimum Elevation of Floodproofing, Relative to Base Flood Elevation (BFE) or Design Flood Elevation (DFE), in Coastal A Zones and in Other Flood Hazard Areas that are not High Risk Flood Hazard Areas.” 2. Section 6.2.1 shall be modified to permit dry floodproofing in Coastal A Zones, as follows: “Dry floodproofing of nonresidential structures and nonresidential areas of mixed-use structures shall not be allowed unless such structures are located outside of High Risk Flood Hazard areas and Coastal High Hazard Areas. Dry floodproofing shall be permitted in Coastal A Zones provided wave loads and the potential for erosion and local scour are accounted for in the design. Dry floodproofing of residential structures or residential areas of mixed-use structures shall not be permitted.” 1612.4.2 Modification of ASCE 24 (Coastal A Zone). Section 4.5.13 in ASCE 24 shall be modified as follows: 1. Paragraph 1 shall be modified: “In Coastal High Hazard Areas and Coastal A Zones, stem walls shall not be permitted.” 2. Paragraph 2 shall be deleted. 1612.4.3 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 2 feet (610 mm), whichever is higher. (3) The Florida Building Code, Existing Building, is adopted in section 47.051 of this Code, with the following technical amendment(s): (a) Florida Building Code, Existing Building Section 202, definition of Substantial Improvement, is amended to read as follows: SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, means any combination of repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure taking place during a one year period, in which the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure, before the improvement or repair is started. For each building or structure, the one-year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has sustainedincurred “substantial damage,” any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the code building official and that isare the minimum necessary to ensure safe living conditions.; or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure. (4) The Florida Building Code, Residential, is adopted in section 47.051 of this Code, with the following technical amendments: Ordinance No. 9189-18 30 (a) Florida Building Code, Residential Section R322.2.1, Elevation Requirements, is amended to read as follows: R322.2.1 Elevation Requirements. 1. Buildings and structures in flood hazard areas including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation, whichever is higher. 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 2 feet 1 foot (305 mm), or not less than 4 feet 3 feet (915 mm) if a depth number is not specified. 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section 322.2.2. (b) Florida Building Code, Residential Section R322.3.2, Elevation Requirements, is amended to read as follows: R322.3.2 Elevation Requirements. 1. Buildings and structures erected within coastal high-hazard areas and Coastal A Zones, shall be elevated so that the bottom of the lowest horizontal structure members supporting the lowest floor, with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 2 feet 1 foot (305 mm) or the design flood elevation, whichever is higher. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. 5. Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. (c) Florida Building Code, Residential Section R322.3.3, Foundations, is amended to delete the “Exception” and now reads as follows: R322.3.3 Foundations. Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns. The space below the elevated building shall be either free of obstruction or, if enclosed with walls, the walls shall meet the requirements of Section R322.3.4. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water-loading values used shall be those associated with the design flood. Wind-loading values shall be those required by this code. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. Pile systems design and installation shall be certified in accordance with Section R322.3.6. Spread footing, mat, raft or other Ordinance No. 9189-18 31 foundations that support columns shall not be permitted where soil investigations that are required in accordance with Section R401.4 indicate that soil material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave- velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns shall be designed in accordance with ASCE 24. Slabs, pools, pool decks and walkways shall be located and constructed to be structurally independent of buildings and structures and their foundations to prevent transfer of flood loads to the buildings and structures during conditions of flooding, scour or erosion from wave- velocity flow conditions, unless the buildings and structures and their foundations are designed to resist the additional flood load. Exception: In Coastal A Zones, stem wall foundations supporting a floor system above and backfilled with soil or gravel to the underside of the floor system shall be permitted provided the foundations are designed to account for wave action, debris impact, erosion and local scour. Where soils are susceptible to erosion and local scour, stem wall foundations shall have deep footings to account for the loss of soil. SECTION 4. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance 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 and the Florida Building Commission within 30 days after adoption. Ordinance No. 9189-18 32 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004 – Page 1 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 18, 2018 AGENDA ITEM: G.1. CASE: TA2018-07004 ORDINANCE NO.: 9189-18 REQUEST: To amend the City of Clearwater’s Community Development Code to repeal and replace Chapter 51 and amend Chapter 47 to adopt new floodplain management regulations utilizing the Florida Department of Emergency Management’s (FDEM) model ordinance INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: Proposed Ordinance 9189-18 represents the first significant update to the City of Clearwater’s floodplain management regulations since they were adopted into the City’s Code of Ordinances in 1980. The City manages and regulates activities and development in its floodplains through provisions in Chapter 51. Flood Damage Prevention, and to a lesser degree in Chapter 47. Buildings and Building Regulations, both of which were transitioned to the City’s Community Development Code years ago. Since then, a few minor amendments have been made, but the majority of the regulations remain unchanged. The primary reason for updating the floodplain management regulations is to ensure that the City’s regulations are in compliance with and consistent with the Florida Building Code (FBC). When the 2010 edition of the FBC became effective March 15, 2012, it resulted in local floodplain management regulations and ordinances conflicting with or duplicating parts of the FBC. The Florida Department of Emergency Management (FDEM) developed a model ordinance approved by The Federal Emergency Management Agency (FEMA) which incorporates the updated FBC requirements and satisfies the requirements of the National Flood Insurance Program (NFIP). In addition to being approved by FEMA, FDEM’s model ordinance was reviewed by the Building Officials Association of Florida as well as the Florida Floodplain Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 2 Managers Association. This model ordinance provided the base for Ordinance 9189-18 which proposes to repeal and replace Chapter 51. Flood Damage Prevention, and to amend portions of Chapter 47. Building and Building Regulations, of the Community Development Code. Staff modified the model ordinance to address City-specific needs. Participation in the NFIP is based on an agreement between local communities and the federal government which states that if a community will adopt and enforce a floodplain management ordinance to reduce future flood risks to new construction in Special Flood Hazard Areas (SFHA), the federal government will make flood insurance available within the community as a financial protection against flood losses. Proposed Ordinance 9189-18 incorporates additional requirements for the purposes of participating in the Community Rating System (CRS) and to gain points and reduce flood insurance rates. These proposed amendments could save residents on insurance premiums from not only an improved CRS score, but also reduced rates based on the lower risk to a residence. Section 553.73(5), F.S., allows for local adoption of higher standards as technical amendments to the FBC without sunset every 3 years. Staff presented several options for more stringent regulations for City Council direction at their November 13, 2017 Work Session. City Council directed staff to incorporate an increase to the design flood elevation (discussed as freeboard), but to not move forward with modifications to the City's current substantial improvement/damage and cumulative improvement/damage provisions. Staff has included certain provisions related to the addition of Coastal A Zones on the preliminary flood maps received from FEMA this year. Coastal A Zone is that portion of the Special Flood Hazard Area that is subject to waves with heights of between 1.5 and 3 feet during a 1% annual chance storm. This area is landward of the V Zone and seaward of the line known as the Limit of Moderate Wave Action (LiMWA). The proposed changes are not required, but do yield significant points towards a lower CRS score, and are included for City Council’s consideration. ANALYSIS: The proposed amendments to the Community Development Code include the repeal and replace of Chapter 51. The new Chapter 51 is organized into three Articles, the contents of which are further subdivided into Divisions. The Ordinance addresses many sections addressed by the current ordinance but reorganizes it and includes new requirements or sections that were not previously within the City’s Ordinance, as well as revisions to processes such as the permitting process. The following outlines generally what is covered by each of the Articles. A summary of those higher standards that are proposed which would make the City eligible for additional CRS Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 3 points if adopted is provided. Proposed amendments to Chapter 47 and the FBC are also described below. Chapter 51 Article I. Administration (Pages 2-14 of the Ordinance): Article I establishes that the Floodplain Management Ordinance is intended to be administered and enforced in conjunction with the Florida Building Code, and applies to flood hazard areas. The duties and powers of the floodplain administrator, which the Ordinance proposes would be the Community Development Coordinator, are defined. This Article also establishes the requirement of permits for any development activity within the scope of the Ordinance. In order to be consistent with state statute, permits shall include a condition that all other applicable permits, including state and federal, are obtained before the start of the permitted development. Issuance of a permit on the part of the City does not give the applicant a right to a state or federal permit, nor does it create any liability for the City should the applicant fail to obtain the necessary approvals or permits from those agencies. Article I sets forth exemptions, application procedures, site plan requirements, rules for inspections, and the process for variances. Lastly, this Article establishes what constitutes a violation as well as the authority of the Floodplain Administrator to serve notice of violation. Chapter 51 Article II. Definitions (Pages 14-20 of the Ordinance): Article II includes the definitions for terms that specifically apply to this Ordinance. It should be noted here that this proposed Ordinance does not include a definition for “freeboard” which is commonly understood to be a factor of safety of additional height above the required base flood elevation. Instead, the term “design flood elevation” conveys the actual requirement for additional elevation.  Inclusion of the following new terms in the definition section: actual cash value; adverse impact; alteration of a watercourse; ASCE 24; Coastal A Zone; coastal construction control line; compensatory excavation; critical facility; declaration of land restriction (nonconversion agreement); design flood; design flood elevation; encroachment; existing building and existing structure; Federal Emergency Management Agency (FEMA); flood damage-resistant materials; flood hazard area; floodplain; Floodplain Administrator; floodway, regulatory; floodway encroachment analysis; Florida Building Code (FBC); hazardous material; historic structure; Letter of Map Change (LOMC); light-duty truck; park trailer; special flood hazard area; watercourse.  Deletion of the following terms in the definition section: addition (to an existing building); area of shallow flooding; area of special flood hazard; breakaway wall; elevated building; elevation; flood hazard boundary map; floor; habitable floor; mean sea Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 4 level; nonconforming structure; North American Vertical Datum (NAVD); ready for highway use.  More substantial modifications to the following terms in the definition section: market value (expanded definition); new construction (change to earlier date); new manufactured home park or subdivision (change to earlier date); sand dunes (expanded definition); substantial improvement (expanded definition). Chapter 51 Article III. Flood Resistant Development (Pages 20-27 of the Ordinance): Article III establishes the requirements for flood resistant development including limitations on development specifically in floodways, isolated wetlands and preservation areas, as well as where compensatory started is required for development outside of floodways. It includes additional requirements for buildings, structures and facilities that would otherwise be exempt from the FBC, including structures seaward of the Coastal Construction Control Line, and critical facilities in the 500-year flood. Requirements for subdivisions, site improvements and utilities, manufactured homes, recreational vehicles and park trailers, the placement of underground and above-ground tanks, and hazardous materials are all governed by this Article. Lastly, it includes general requirements for other development including fences, retaining walls, sidewalks, roads and watercourse crossings, parking pads, enclosed floors landings, decks and similar nonstructural uses, nonstructural fill, in both regulatory floodways and coastal high hazard areas. Higher CRS-Related Standards Proposed Ordinance 9189-18 includes the following higher standards, which if adopted, would make the City eligible for additional CRS points:  Requirement for an additional foot of design flood elevation above the requirements of FBC (Elevation requirements, throughout): Additional elevation added to the Base Flood Elevation is called freeboard and creates the Design Flood Elevation. This creates a margin of protection to account for waves and debris during flood events.  Requirement for a nonconversion agreement for enclosure limits (Sec. 47.054): Limiting enclosures below the base flood elevation protects the structural integrity of the building from wave action and hydrostatic pressure and discourages property owners from storing valuables and hazardous items in that area.  Increased elevation for critical facilities in the 500-year floodplain (Sec. 51.1003): Protecting critical facilities to higher levels reduces the likelihood of damage and improves the community’s ability to respond to the needs of citizens during a disaster.  Regulation of Coastal A Zone to V Zone Standards (Secs. 51.1303, 51.1605, 51.1606, 51.1607, and 51.1608; FBC technical amendments): Regulating the Coastal A Zone to Zone V standards protects buildings and infrastructure from a known breaking wave. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 5 Chapter 47 Buildings and Building Regulations (Pages 28-31 of the Ordinance) Amendments to Chapter 47, Buildings and Building Regulations are proposed to adopt consistent language with proposed Chapter 51, specifically regarding minimum floor elevations as well as adoption and enforcement. Additionally, a new Section 47.054 makes administrative and technical amendments to the FBC addressing multiple disciplines (e.g., Residential, Existing Building, and Building) to be consistent with the amendments of Chapter 51. More specifically, the proposed amendments to the FBC include: requiring declaration of land restriction (nonconversion agreement) for residential (one- and two-family) buildings; revisions to substantial improvement definition to incorporate when the one-year period begins, bringing consistency throughout City codes; removing exception in ASCE 24 by disallowing stem walls in Coastal A Zone; amending elevation requirements to require elevation to or above the base flood elevation plus two feet, where one foot was previously required; and requiring open foundations in the Coastal A zone. The latest edition of the FBC requires an additional one foot of design flood elevation. (It should be noted that freeboard is the commonly used term; however, the official regulatory term is design flood elevation.) The proposed ordinance will apply an additional one foot of “freeboard”, raising the design flood elevation by an additional one foot for a total of two feet. This can vary based on building type, zone and other factors. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following goals, objectives and policies which will be furthered by the proposed Code amendments: Policy D.3.3.6 Limit development that will result in building(s) constructed within/or over stormwater retention/detention ponds, streams or channels. All wetlands, streams, channels, or other hydrologic features, whether wetlands, ponds or bodies of water having intrinsic hydrologic, biologic and zoological functions with no distinction made in regard to its status to whether it is man-made or natural shall be considered for a Preservation Land Use Plan classification to ensure protection from development. Policy D.3.3.7 Continue active participation and cooperation with the National Flood Insurance Program and the Florida Emergency Management Agency for Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 6 the purpose of recognizing flood prone areas, and establishing abatement programs that endeavor toward a reduction in damages and losses due to flooding. Goal E.1. Management of Clearwater’s coastal storm area shall provide for the long- term accessibility, safety, economic viability, neighborhood stability, and environmental integrity of these unique resources. Objective E.1.1 Clearwater shall continue to protect beaches and dunes by use of the State Coastal Construction Control Line as the building and land alteration setback line for purposes of administering the Community Development Code. The Florida Building Code, Federal Emergency Management Agency (FEMA) regulations, and City coastal construction regulations will continue to govern the structural integrity of new buildings. Goal E.2 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. Objective E.2.1 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. Policy 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. Policy 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 E – 6 60, or more stringent controls, shall continue to be applied to development and redevelopment in the coastal storm area. Policy E.2.1.5 The City shall grant building permits in compliance with the rules of FEMA. Policy E.2.2.1 The City shall encourage and support hazard mitigation efforts through continuation of the following activities: Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 7  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;  Prohibitions of beach sand dune alterations; and  Restriction of development in floodways. Policy 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 elevations standards or will be flood proofed consistent with FEMA standards. Objective E.2.3 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 Community Rating System (CRS) score, which will allow for decreased flood insurance premiums. Policy 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. Policy 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. Objective E.4.1 Clearwater shall administer land development regulations to protect public and private property and human life from the effects of hurricane winds and flooding. Policy 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%. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 8 Goal E.5 The city shall accomplish post-disaster redevelopment in a manner that shall minimize public and private vulnerability to future disasters. Policy E.5.1.3 Immediate repair and clean-up actions after a storm shall be limited to removal of debris, and repair of existing primary structures to allow re- occupancy (repairs to allow re-occupancy shall be considered when damage is limited to less than fifty percent (50%) of the value of the structure prior to damage). Long-term repair and redevelopment shall consist of upgrading structures and accessory facilities to expand habitable space or repair of greater than fifty percent (50%) of the value of the structure prior to damage. Post-disaster redevelopment and long-term repair can only be permitted consistent with the requirements of FEMA and the Florida Statutes. Policy E.5.1.6 Repair and rebuilding of critical facilities such as water facilities, sewage treatment plants and lift stations, and other utilities damaged in future storms shall be reconstructed to minimize hurricane and flooding vulnerability. Objective F.1. The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Policy F.1.2.1 Any construction in the one hundred (100) year floodplain shall comply with all requirements and standards of the Federal Emergency Management Agency of the Federal Flood Insurance Administration, and the City's building codes. The City’s Comprehensive Plan has always incorporated policies related to limiting development in and the protection of floodplains. As a coastal community, reducing risk and losses due to flooding is imperative to the safety of the City’s residents, as well as to the city’s long-term economic viability neighborhood stability as stated in Goal E.1. The Comprehensive Plan contains a wide variety of other goals, objectives and policies that reinforce this, as well as the need to continue to comply with the requirements of FEMA and building codes, and to continue to participate in the NFIP. Proposed Ordinance 9189-18 directly implements these goals, objectives and policies by establishing the regulations for all development in the flood hazard areas, consistent with FEMA, FBC and NFIP requirements. As stated in Section 51.003, the intent of the Floodplain Management Ordinance “… and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas …” Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 9 In 2017, the City amended its Comprehensive Plan to address the statutory requirements for the 2015 Florida Senate Bill 1094 “Peril of Flood”, many of which were incorporated under a new Goal E.2. Also at that time, Policy E.4.1.4 was added, encouraging more efficient and climate resilient construction practices locally through several means, including evaluating base finish floor elevation (i.e. freeboard) standards with respect to sea level rise scenarios and flooding potential, evaluating 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% [emphasis added]. As part of the analysis for this Ordinance, staff presented information related to the three options for higher regulations referenced in Policy E.4.1.4. City Council provided direction to proceed with an increase to base finish floor elevation but did not want to proceed at this time with changes to the City’s cumulative substantial improvement and substantial damage regulations or to extend the City’s substantial improvement and substantial damage regulatory threshold. The above referenced goals, objectives and policies of the Comprehensive Plan will be furthered by Ordinance 9189-18. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. Sec. 1-103.E.3. Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. The amendments proposed by this ordinance will further the above referenced purposes of the Community Development Code by implementing the aforementioned goals, objectives Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 10 and policies of the Comprehensive Plan; by establishing reasonable standards which encourage orderly development; and by protecting and conserving the values of land and value of buildings and improvements upon the land in the city. As previously stated, the intent of the Floodplain Management Ordinance “… and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas …” As such, proposed Ordinance 9189-18 furthers the purposes in the CDC. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9189-18 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9189-18 Resume “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” October 2017 Page 1 The Federal Emergency Management Agency (FEMA) has undertaken a multi-year effort to better identify and communicate the flood hazards and risks in coastal communities through coastal engineering, analysis, and mapping. New and updated coastal Flood Insurance Rate Maps (FIRMs) communicate two elements of regulatory flood mapping: the area of land at risk of inundation by the base (1-percent-annual-chance) flood, and the associated flood elevation(s) in these areas, which are called Base Flood Elevations. In addition to identifying these two regulatory mapping elements, FEMA provides an informational line called the Limit of Moderate Wave Action (LiMWA). This fact sheet explains what the LiMWA is and why it should be of interest to homeowners and local officials Background on Coastal Zones FIRMs in coastal areas identify two different flood zones: • Zone VE is mapped in areas that are subject to coastal flooding with wave heights of 3 feet or higher. These areas are referred to as Coastal High Hazard Areas (CHHAs). • Zone AE is mapped in areas subject to coastal flooding with wave heights of less than 3 feet. The primary reason for having two different coastal flood zones is that the risk of structural damage is higher within Zone VE, due to the significant wave energy that can occur in these areas. As a result, flood insurance rates are higher and building codes are stricter for structures in Zone VE. However, over the past decade, post-storm damage surveys have confirmed that even wave heights as low as 1.5 feet can cause significant structural damage to buildings that were not built to withstand forces such as the wave hazards in VE zones. For More Information A FEMA fact sheet titled “Using the Limit of Moderate Wave Action (LiMWA) to Build Safer and Stronger Coastal Communities” is available for communities that want to learn more about how they can use the LiMWA to implement higher construction standards. Anyone interested in obtaining a copy of that fact sheet should contact a FEMA Map Specialist through the FEMA Map Information eXchange (FMIX). The FMIX can be reached by telephone, toll free, at 1-877-FEMA MAP (1-877-336-2627), choose “Option 1”; by email at femamapspecialist@riskmapcds.com; or by live chat through https://www.floodmaps.fema.gov/fhm/ fmx_main.html. Fact Sheet Coastal Flood Risk Information and the Limit of Moderate Wave Action “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” October 2017 Page 2 Federal Emergency Management Agency On its recently updated FIRMs, FEMA notifies communities of the potential for significant wave damage by using both the regulatory Zone VE designation (coastal flooding, plus waves of 3 feet or higher) and an informational line depicting the extent of 1.5-foot wave heights. This line is called the LiMWA. LiMWA and Coastal A Zone Mapping Using the LiMWA shown on a FIRM, homeowners and communities can better understand which portions of the areas identified as Zone AE are at risk for high wave energy. Those higher risk portions of Zone AE, the areas between the LiMWA and the Zone VE boundary, are referred to as the Coastal A Zone. Figure 1 shows how these hazards and zones are defined. Once the coastal flood hazard analyses are complete, FEMA provides preliminary versions of the updated FIRMs and Flood Insurance Study (FIS) reports to local officials and residents for their review and use. On the updated FIRMs, the LiMWA is shown as a line with triangular arrows that point toward the area of higher hazard—that is, toward Zone VE. Figure 1. Coastal Flood Zones. Not all coastal communities’ FIRMs include LiMWA lines. “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work tog ether to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” October 2017 Page 3 Federal Emergency Management Agency Figure 2 shows what the LiMWA looks like on an updated FIRM. Some flood maps may include different symbols to mark the LiMWA; consult the map’s legend for details specific to your community’s flood map. Flood maps may also be accessed through FEMA’s National Flood Hazard (NFHL) digital map webviewer. (NFHL users should be aware that the appearance of the LiMWA line on the NFHL differs from that on most FIRM panels.) LiMWAs, Flood Insurance, and Higher Construction Standards Property owners are encouraged to build structures with a higher first floor and to purchase flood insurance. While the LiMWA is not a regulatory element of the FIRM and has no effect on a structure’s National Flood Insurance Program (NFIP) flood zone status or on the rates for federal flood insurance premiums, some communities require Zone VE building code standards in the Coastal A Zone. These communities use the LiMWA to determine where higher construction standards are required. Through the Community Rating System (CRS), FEMA encourages sound floodplain management practices by offering reduced insurance rates within communities that proactively adopt flood mitigation actions. In coastal areas, CRS credits are offered to communities that use the LiMWA data to identify where structures should be improved to withstand the higher wave energy expected within the Coastal A Zone. Communities that require foundations designed and built to withstand Zone VE conditions in the Coastal A Zone can earn up to 225 CRS points. Communities that regulate structures in all flood hazard zones to follow Zone VE standards can earn up to 650 CRS points. Figure 2. Sample updated FIRM showing Zone AE, the LiMWA, and Zone VE. Base Flood Elevations for each zone are noted in parentheses below the Zone AE/VE text. “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” December 2017 Fact Sheet Using t he Limit of Moderate Wave Action (LiMWA) to Build Safer and Stronger Coastal Communities The National Flood Insurance Program (NFIP) depicts coastal flood hazards in two different zones on Flood Insurance Rate Maps (FIRMs): •Zone VE, also known as the Coastal High Hazard Area (CHHA), where flood hazards include wave heights equal to or greater than 3 feet; and •Zone AE, where flood hazards include wave heights less than 3 feet. Due to the high risk of structural damage, buildings within Zone VE must adhere to more stringent building requirements. Communities should also be adopting the most up-to-date building codes to ensure buildings are protected from the potential hazards of high-risk floods. Over the past decade, post-storm surveys of damage and laboratory tests have confirmed that wave heights as small as 1.5 feet can cause significant damage to coastal structures that are not built to withstand these hazards. This fact sheet describes how to use the information that is available to improve construction standards in coastal communities that have not adopted the most recent International Building Codes (I-Codes). On a FIRM, FEMA identifies where waves can reach heights of 1.5 feet or greater using a line called the Limit of Moderate Wave Action (LiMWA). Through the LiMWA shown on the FIRMs, homeowners and communities can better understand which portions of Zone AE are at risk of high wave energy. These portions, which make up the area between the LiMWA and Zone VE, are referred to collectively as the Coastal A Zone. While FEMA does not impose floodplain management requirements based on the LiMWA, the LiMWA communicates that a greater risk of flood damage is present in the Coastal A Zone. FEMA encourages the practice of building to Zone VE standards within the Coastal A Zone, and many local building codes require that buildings in the Coastal A Zone be built to Zone VE standards to be better protected from the dangers posed by waves. Zone VE Building Standards for Coastal Communities Communities that adopt Zone VE standards in the Coastal A Zone can receive Community Rating System (CRS) credits, which could lower flood insurance premiums for residents and business owners. 1.Buildings must be elevated on pile, post, pier, or column foundations. 2.Buildings must be adequately anchored to the foundation. 3.Structural fill is prohibited. 4.The bottom of the lowest horizontal structura lmember must be at or above the Base Flood Elevation (BFE). 5.The area below the BFE must be built of flood-resistant materials and free of obstructions. If enclosed, the enclosure must be made o flightweight wood lattice, insect screening, o rbreakaway walls. 6.The building design and method of construction must be certified by a design professional. For specific requirements, refer to Title 44 of th eCode of Federal Regulations, Section 60.3. “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” 2 Federal Emergency Management Agency Effects on Floodplain Management • For their safety, communities are encouraged to adopt the most recent I-Codes, but at minimum, to adopt construction standards in the Coastal A Zone similar to those for Zone VE. (Refer to the sidebar on page 1 for a summary.) • Many communities adopt a requirement for a structure to be built a few feet above the BFE, which is the potential height of a 1- percent-annual-chance flood. This added elevation, called freeboard, has at least two benefits: it adds a factor of safety to protect against flooding damage, and it reduces flood insurance premium costs. • CRS credits are available for participating communities that adopt Zone VE building standards in the Coastal A Zone. For more information on CRS, visit: www.fema.gov/national-flood-insurance-program- community-rating-system. Effects on Property Owners • Residents and business owners living or working in the Coastal A Zone should be aware that potential wave action and floating debris could cause significant damage to their property. Property owners are encouraged to exceed the minimum requirements and build “safer and higher” to reduce the risk to life and property. • Although the risk of damage is higher in the Coastal A Zone than in other Zone AE areas, NFIP rates for properties in the Coastal A Zone do not differ from those in other Zone AE areas. • A federal requirement to purchase flood insurance applies in Zones V, VE, A, and AE. Property owners are encouraged to carry coverage equivalent to the replacement cost of their building and to include additional coverage for the contents of their property. Options for Communities to Account for Coastal A Zones in Construction The following paragraphs provide options and sample ordinance language that communities can consider to implement higher standards in the Coastal A Zone. Ideally, communities should adopt the most recent I-Codes, which recognize the Coastal A Zone and provide construction requirements for those areas. Building codes represent the most comprehensive approach to addressing construction within the Coastal A Zone. The options below provide varying levels of increased protection, and communities can choose what is most suitable for their needs. Communities should consult their legal departments to ensure the ordinance language complies with other community standards and regulations. Adopt Zone VE standards for all properties ∗ (most protective option) With this option, all development in the Coastal A Zone would be subject to the same building requirements enforced by the community in Zone VE. These requirements would include the building standards highlighted on the first page of this fact sheet and apply to all new construction, substantially damaged buildings, and buildings undergoing substantial improvements. ∗When using Zone VE standards in the Coastal A Zone, breakaway walls should include the appropriate number of flood openings to equalize hydrostatic loads in the enclosure. If the flood openings are not required by code, the lack of flood openings for the enclosure will result in increased flood insurance premiums. Requiring design and construction within the Coastal A Zone to meet Zone VE standards is a minimum requirement under widely adopted, consensus model building codes (International Building Code and International Residential Code) as well as FEMA assistance programs. Substantial Damage refers to the damage sustained by a building where the cost of restoring the building to its pre-damaged condition would equal or exceed 50 percent of the building’s market value before the damage occurred. Substantial Improvement refers to enhancements or repairs that will cost 50 percent or more of the building’s pre- improvement market value (unless otherwise specified by the community). “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” 3 Federal Emergency Management Agency Adopt Zone VE standards for residential structures, but continue to apply Zone AE requirements for non- residential structures ∗ With this option, all new residential construction, including substantial improvements and substantial damage repairs, would be subject to the same building requirements enforced by the community in Zone VE. Sample language includes: • All new residential construction, substantial improvements, and repairs to substantially damaged buildings must comply with the building standards for Zone VE; and • All new non-residential construction, substantial improvements, and repairs to substantially damaged buildings must comply with the community floodplain ordinance for development in Zone AE. Additionally, communities could consider applying Zone VE standards to “light-framed construction” in the Coastal A Zone. (Wave damage is expected to be greater in buildings constructed using wood framing or light- gauge metal framing.) Adopt Zone VE standards for new construction only* For this option, Zone VE standards would apply only to new construction. Sample language for this option includes: • All new construction must comply with the building standards for Zone VE; and • All residential and non-residential buildings undergoing substantial improvement/repair must comply with the community’s floodplain ordinance for Zone AE development. Adopt Zone VE standards for critical facilities only* Sample language for this option includes: • All new construction and substantial improvement or repair of critical facilities or those undergoing substantial improvements in the Coastal A Zone must comply with the building standards for Zone VE. Adopt increased elevation requirements above the BFE—freeboard (least protective option)* While this option should reduce damage to a building’s floor system and walls, the foundation system will need to be designed to resist the hazards posed by waves and address scour and erosion. • Open foundations are recommended, with the option of a designed stem wall foundation (a continuous wall foundation with structural fill placed behind the wall system and the building constructed on a continuous slab, which caps the structural fill). The slab elevation should meet the freeboard requirements. Continuous wall foundations with a crawlspace should be avoided unless they are designed to resist breaking wave loads. • All foundations should be sufficiently deep to resist scour and erosion. Scour around continuous foundation walls can be significantly deeper than around pile foundations (open and deep foundations). • Pier foundations should also be designed to resist breaking wave loads and impact loads. Footings should account for scour and erosion. Communities that only adopt increased freeboard requirements should expect buildings constructed in Coastal A Zones to experience more damage during a flood than buildings designed to Zone VE requirements. ∗When using Zone VE standards in the Coastal A Zone, breakaway walls should include the appropriate number of flood openings to equalize hydrostatic loads in the enclosure. Even if the flood openings are not required by code, the lack of flood openings for the enclosure will result in increased flood insurance premiums. For More Information • To obtain model ordinances, check with your State NFIP Coordinator. • For more information on NFIP floodplain management requirements, visit: https://www.fema.gov/media- library/assets/documents/902 MOTION TO AMEND ORDINANCE NO. 9189-18 ON FIRST READING On page 24 of the ordinance, Sec. 51.1502 is amended to read as follows to add references to Coastal A Zones: Sec. 51.1502. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 51.1503 shall: (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. (2) Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones. On page 27 of the ordinance, Sec. 47.005 is amended to read as follows to delete certain language, thereby establishing minimum floor elevation of one foot where applicable through this provision: Sec. 47.005. - Minimum floor elevation. (1) The minimum floor elevation for new buildings or additions to existing buildings shall be: (a) One foot above the crown of the pavement abutting the building site for the lowest floor, and six inches for all floors buildings and structures not considered the lowest floor as defined by section 51.03, City Code of Ordinances subject to the requirements of Chapter 51 Community Development Code or the Florida Building Code; or (b) Set by the city engineer for new develop ments or unusual building sites if the elevation exceeds the requirements of the Florida Building Code .; or (c) Set by the flood insurance rate maps. ___________________________ Pamela K. Akin City Attorney October 18, 2018 Ordinance No. 9189-18 1 ORDINANCE NO. 9189-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO FLOODPLAIN MANAGEMENT CONSISTENT WITH THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT’S REQUIREMENTS; AMENDING THE CITY OF CLEARWATER COMMUNITY DEVELOPMENT CODE BY REPEALING CHAPTER 51 FLOOD DAMAGE PREVENTION; ADOPTING A NEW CHAPTER 51 FLOOD DAMAGE PREVENTION WHICH ADOPTS FLOOD HAZARD MAPS, DESIGNATES A FLOODPLAIN ADMINISTRATOR, ADOPTS PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS AND FOR OTHER PURPOSES; AMENDING CHAPTER 47 TO ADOPT LOCAL ADMINISTRATIVE AND TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE RELATED TO FLOOD DAMAGE PREVENTION; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ______________________________________________________________________ WHEREAS, the Legislature of the State of Florida has, in Chapter 166 – Municipalities, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Clearwater, Florida and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, the City of Clearwater, Florida was accepted for participation in the National Flood Insurance Program on June 4, 1971 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative and technical amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Council is adopting a requirement to require accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a one-year period, to increase the minimum elevation requirement, to require declarations of land restriction (nonconversion agreements) for enclosures below elevated dwellings, and to modify coastal high hazard requirements for application in Coastal A Zones, for buildings and structures in flood hazard areas for the purpose of participating in the National Flood Insurance Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and Ordinance No. 9189-18 2 WHEREAS, the City Council is adopting a requirement where new and substantially improved critical facilities shall be protected from damage and loss of access as a result of the 500-year flood or the flood of record whichever is higher for the purpose of participating in the National Flood Insurance Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clearwater, Florida that any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict, and the following floodplain management regulations are hereby adopted. SECTION 1. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 51, Flood Damage Prevention, Community Development Code. Chapter 51 FLOOD DAMAGE PREVENTION ARTICLE I. ADMINISTRATION DIVISION 1. IN GENERAL Sec. 51.001. Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Clearwater, Florida, hereinafter referred to as “this chapter.” This chapter shall be a part of the Community Development Code, adopted pursuant to the authority set forth in Community Development Code Section 1-102. Sec. 51.002. Scope. The provisions of this chapter shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Sec. 51.003. Intent. The purposes of this chapter and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; Ordinance No. 9189-18 3 (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. Sec. 51.004. Coordination with the Florida Building Code. This chapter is intended to be administered and enforced in conjunction with the Florida Building Code. Sec. 51.005. Warning. The degree of flood protection required by this chapter as amended by the city, and the Florida Building Code, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps (FIRMs) and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency (FEMA), requiring the city to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter. Sec. 51.006. Disclaimer of Liability. This chapter shall not create liability on the part of the city, its officers, agents, elected or appointed officials or employees thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder. DIVISION 2. APPLICABILITY Sec. 51.101. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Sec. 51.102. Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the city, as established in Section 51.103. Sec. 51.103. Establishing flood hazard areas. (1) Basis for establishing flood hazard areas. The Flood Insurance Study for Pinellas County, Florida and Incorporated Areas, dated August 18, 2009 and all subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this chapter and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Clearwater Engineering Department. (2) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Article 1 of this Chapter, the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the city indicates that ground elevations: (a) Are below the closest applicable base flood elevation, even in areas not delineated as a Ordinance No. 9189-18 4 special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this chapter and, as applicable, the requirements of the Florida Building Code. (b) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Sec. 51.104. Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law. Sec. 51.105. Abrogation and greater restrictions. This chapter supersedes any ordinance or city code in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances or city codes including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this chapter and any other ordinance or city code, the more restrictive shall govern. This chapter shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this chapter. Sec. 51.106. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the city; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. DIVISION 3. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR Sec. 51.201. Designation. The Community Development Coordinator shall be designated as the Floodplain Administrator for the purposes of this chapter. The Floodplain Administrator may delegate performance of certain duties to other employees. Sec. 51.202. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter consistent with the intent and purpose of this chapter and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this chapter without the granting of a variance pursuant to Division 7 of this article. Sec. 51.203. Applications and permits. The Floodplain Administrator duties, in coordination with other pertinent departments of the city, shall include, but not be limited to: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this chapter; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; Ordinance No. 9189-18 5 (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue permits or approvals in flood hazard areas for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this chapter is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this chapter. Sec. 51.204. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Review market value estimate or appraisal to determine if it is complete, reasonable for the specific characteristics of the building, and that it does not include the value of land, land improvements or accessory buildings; (3) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (4) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of “substantial improvement”; and (5) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this chapter is required. Sec. 51.205. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Division 7 of this article. Sec. 51.206. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this chapter. Sec. 51.207. Inspections. The Floodplain Administrator shall make the required inspections as specified in Division 6 of this article for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. Ordinance No. 9189-18 6 Sec. 51.208. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 51.204; (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the FEMA; (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the FIRMs if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this chapter and the Florida Building Code to determine that such certifications and documentations are complete; (5) Notify FEMA when the corporate boundaries of the City are modified; and (6) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on FIRMs as “Coastal Barrier Resource System Areas” and “Otherwise Protected Areas.” Sec. 51.209. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood resistant construction requirements of the Florida Building Code, including FIRMs; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this chapter; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Official Records & Legislative Services Department. DIVISION 4. PERMITS Sec. 51.301. Permits required. Any applicant who intends to undertake any development activity within the scope of this chapter, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied. Issuance of a permit by the city does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the city for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill obligations imposed by a state or federal agency or undertakes actions that result in a violation of Ordinance No. 9189-18 7 state or federal law. Sec. 51.302. Permits or approvals in flood hazard areas. Permits or approvals in flood hazard areas shall be issued pursuant to this chapter for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Sec. 51.303. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), if located in flood hazard areas, permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this chapter: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on FIRMs. Sec. 51.304. Application for a permit or approval. To obtain a permit or approval for development in a flood hazard area the applicant shall first file an application in writing on a form furnished by the City. The information provided shall include, but shall not be limited to, the following: (1) Identify and describe the development to be covered by the permit or approval; (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site; (3) Indicate the use and occupancy for which the proposed development is intended; (4) Be accompanied by a site plan or construction documents as specified in Division 5 of this article; (5) State the valuation of the proposed work; (6) Be signed by the applicant or the applicant's authorized agent; (7) Give such other data and information as required by the Floodplain Administrator; and (8) For projects proposing to enclose areas under elevated buildings, a signed Declaration of Land Restriction (Nonconversion Agreement); the agreement shall be recorded on the property deed prior to issuance of the Certificate of Occupancy. Sec. 51.305. Validity of permit or approval. The issuance of a permit or approval for development in a flood hazard area pursuant to this chapter shall not be construed to be a Ordinance No. 9189-18 8 permit for, or approval of, any violation of this chapter, the Florida Building Codes, or any other ordinance or city code. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Sec. 51.306. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. Sec. 51.307. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit or approval for development in a flood hazard area if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this chapter or any other City, state or federal ordinance, regulation or requirement. Sec. 51.308. Other permits required. Permits for development in flood hazard areas and building permits shall include a condition that all other applicable county, state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The Southwest Florida Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (6) Federal permits and approvals. DIVISION 5. SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 51.401. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 51.402(2) or (3). (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 51.402(1). (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. Ordinance No. 9189-18 9 (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation, including any proposed compensatory excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. (9) Existing and proposed alignment of any proposed alteration of a watercourse. (10) Elevation of all structures, in relation to the datum on the Flood Insurance Rate Map, of the lowest floor, including basement, or lowest horizontal structural member, as applicable. (11) Datum used to determine the floodplain elevation and source of data. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chapter but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this chapter. Sec. 51.402. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. Sec. 51.403. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed professional engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed Ordinance No. 9189-18 10 development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 51.404 and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to the city for approval and FEMA as specified in Section 51.404. (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. Sec. 51.404. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. DIVISION 6. INSPECTIONS Sec. 51.501. General. Development for which a permit or approval for development in a flood hazard area is required shall be subject to inspection. Sec. 51.502. Development other than buildings and structures. The Floodplain Administrator or designee shall inspect all development to determine compliance with the requirements of this chapter and the conditions of issued permits or approvals for development in a flood hazard area. Sec. 51.503. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this chapter and the conditions of issued permits or approvals for development in a flood hazard area. (1) Lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner’s authorized agent, shall submit to the Floodplain Administrator: (a) If a design flood elevation was used to determine the required elevation of the lowest Ordinance No. 9189-18 11 floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (b) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 51.402(3)(b), the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner’s authorized agent. (2) Final inspection. As part of the final inspection, the owner or owner’s authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 51.503(1). Sec. 51.504. Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this chapter and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. DIVISION 7. VARIANCES AND APPEALS Sec. 51.601. General. The Building/Flood Board of Adjustment and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of this chapter and from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. Sec. 51.602. Appeals. The Building/Flood Board of Adjustment and Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this chapter. The procedures for the Building/Flood Board of Adjustment and Appeals are located in Section 47.034 of the city’s Community Development Code, and procedures dealing with appeals and variances are located in Section 47.035. In order to grant an appeal, overturning or modifying the decision appealed from, the Building/Flood Board of Adjustment and Appeals shall find that based on substantial competent evidence presented by the applicant or other party, each and every one of the following criteria are met: (1) The decision appealed from misconstrued or incorrectly interpreted the provisions of this chapter; (2) The decision of the Building/Flood Board of Adjustment and Appeals will be in harmony with the general intent and purpose of this chapter; and (3) The decision of the Building/Flood Board of Adjustment and Appeals will not be detrimental to the public health, safety and general welfare. A decision of the board shall be final, subject to judicial review by certiorari in circuit court. Sec. 51.603. Limitations on authority to grant variances. The Building/Flood Board of Adjustment and Appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 51.607, the conditions of issuance set forth in Section 51.608, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Building/Flood Board of Adjustment and Appeals Ordinance No. 9189-18 12 has the right to attach such conditions as it deems necessary to further the purposes and objectives of this chapter. Sec. 51.604. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 51.403. Sec. 51.605. Historic buildings. A variance is authorized to be issued for the repair, improvement, reconstruction, restoration or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, reconstruction, restoration or rehabilitation will not preclude the building’s continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building’s continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, reconstruction, restoration and rehabilitation shall be subject to the requirements of the Florida Building Code. Historic properties may be required to obtain a certificate of appropriateness pursuant to the city code. No fee shall be required for the variance application and, if the historic structure has a current certificate of appropriateness, no notice of the variance shall be required. Sec. 51.606. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this chapter, provided the variance meets the requirements of Section 51.604, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. Sec. 51.607. Considerations for issuance of variances. In reviewing requests for variances, the Building/Flood Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this chapter, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, Ordinance No. 9189-18 13 electrical and water systems, streets and bridges; and (11) The necessity of the proposed development to a waterfront location, in the case of a functionally dependent use or facility. Sec. 51.608. Conditions for issuance of variances. Upon consideration of the factors listed in Section 51.607, and the purposes of this chapter, the Building/Flood Board of Adjustment and Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Variances shall be issued only upon: (1) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this chapter or the required elevation standards. The burden shall be on the applicant to provide documentation, sufficient to the satisfaction of the Floodplain Administrator, to show that the standards and conditions required for the granting of a variance have been met; (2) Determination by the Building/Flood Board of Adjustment and Appeals that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship. For the purpose of this section, an exceptional hardship can only be caused by a peculiar and unique circumstance related directly to the land and shall not be the result of inconvenience, aesthetic consideration, physical or medical handicap, personal preference, financial considerations, or any after-the-fact circumstance created by the inhabitants of the structure or the present or previous property owners; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court at the applicant’s expense, and in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. DIVISION 8. VIOLATIONS Sec. 51.701. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this chapter that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this chapter, shall be deemed a violation of this chapter. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this chapter or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. Ordinance No. 9189-18 14 Sec. 51.702. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this chapter and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner’s agent, or to the person or persons performing the work. Sec. 51.703. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by Article 7 of the city’s Community Development Code. ARTICLE II. DEFINITIONS DIVISION 1. IN GENERAL Sec. 51.801. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this chapter, have the meanings shown in this article. Sec. 51.802. Terms defined in the Florida Building Code. Where terms are not defined in this chapter or the city code and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in the Florida Building Code. Sec. 51.803. Terms not defined. Where terms are not defined in this chapter, the city code, or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. DIVISION 2. DEFINITIONS Actual Cash Value means the present day cost to replace a building on the same parcel with a new building of the same size and configuration that is intended for the same purpose and using comparable materials and quality, minus depreciation for age, use, neglect and quality of construction. Actual Cash Value does not consider loss in value due to outmoded design or location factors. Adverse Impact means any modifications, alterations or effects on a feature or characteristic of water or floodprone lands, including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or potentially may be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity or stability or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts. Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal means a request for a review of the Building Official’s and/or Floodplain Administrator’s interpretation of any provision of this chapter. ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Ordinance No. 9189-18 15 Civil Engineers. Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the “1-percent-annual chance flood.” Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). Basement means the portion of a building having its floor subgrade (below ground level) on all sides. Building means any structure built for support, shelter or enclosure for any occupancy or storage. Building official means the building official of the city within the meaning of the building code adopted for enforcement within the city. City engineer means the city engineer or Director of Engineering of the city. Coastal A Zone means flood hazard areas that have been delineated as subject to wave heights between 1 ½ feet (457 mm) and 3 feet (914 mm). Such areas are seaward of the Limit of Moderate Wave Action shown on the Flood Insurance Rate Map. Coastal construction control line means the line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area means a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as “high hazard areas subject to high velocity wave action” or “V Zones” and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. This term is not to be confused with the “coastal high hazard area” defined in the City of Clearwater Comprehensive Plan, which is based upon the Sea, Lake and Overland Surges from Hurricanes (SLOSH) model, and used for land use planning purposes. Compensatory excavation means that excavation within or directly contiguous to a floodplain for the purpose of hydraulically balancing proposed fill. Critical Facility means structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials; Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after flood; and Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood. Declaration of Land Restriction (Nonconversion Agreement) means a form provided by the Ordinance No. 9189-18 16 Floodplain Administrator to be signed by the owner and recorded on the property deed in Official Records of the Clerk of Courts, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated dwellings. Design flood means the flood associated with the greater of the following two areas: (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Design flood elevation means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. Development means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure means any buildings and structures for which the “start of construction” commenced before June 4, 1971. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 4, 1971. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means the federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. Ordinance No. 9189-18 17 Flood hazard area means the greater of the following two areas: (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM) means the official map of the community on which the Federal Emergency Management Agency (FEMA) has delineated both special flood hazard areas and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by the Federal Emergency Management Agency (FEMA) that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. Floodplain means the lateral extent of inundation by an event of given statistical frequency, such as special flood hazard areas as designated in the FIRMs and 100-year floodplain as designated in the City. Floodplain Administrator means the office or position designated and charged with the administration and enforcement of this chapter. Floodway means the channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Floodway, Regulatory The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Communities must regulate development in these floodways to ensure that there are no increases in upstream flood elevations. For streams and other watercourses where FEMA has provided Base Flood Elevations (BFEs), but no floodway has been designated, the community must review floodplain development on a case-by-case basis to ensure that increases in water surface elevations do not occur, or identify the need to adopt a floodway if adequate information is available. Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code means the family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Ordinance No. 9189-18 18 Hazardous material means those chemicals or substances that are physical hazards or health hazards as defined and classified in the Florida Building Code and the Florida Fire Prevention Code, whether the materials are in usable or waste condition. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck means as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor means the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida); Ordinance No. 9189-18 19 red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus erecta). Manufactured home means a structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or “park trailer.” Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. The market value of a non-residential building does not include the value of the use or occupancy. Market value may be established by a qualified independent appraiser using a recognized appraisal method or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction means for the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the “start of construction” commenced on or after June 4, 1971 and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 4, 1971. Park trailer means a transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. Recreational vehicle means a vehicle, including a park trailer, which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes means a mound, bluff, or ridge of loose sediment, usually sand-sized sediment, lying upward of the beach and deposited by any natural or artificial mechanism, which may be bare or covered with vegetation and is subject to fluctuations in configuration and location. Special flood hazard area means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone Ordinance No. 9189-18 20 A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. Start of construction means the date of issuance of permit for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means any object anchored to the ground, constructed or installed by humankind, including signs, buildings, parking lots, garages, carports, flagpoles, stoops and utility buildings (Note: All buildings are structures, but, not all structures are buildings). Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. Substantial improvement means any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a one year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one– year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance means a grant of relief from the requirements of this chapter, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this chapter or the Florida Building Code. Watercourse means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least intermittently. ARTICLE III. FLOOD RESISTANT DEVELOPMENT DIVISION 1. LIMITATIONS ON DEVELOPMENT Sec. 51.901. Development not permitted in floodways, isolated wetlands, and Ordinance No. 9189-18 21 preservation areas. No new development, substantial improvement, or fill shall be permitted within the regulatory floodway, isolated designated wetlands, or environmentally sensitive areas that are designated as preservation areas on the future land use map adopted by the City of Clearwater. Sec. 51.902. Development permitted outside of floodways. Development, redevelopment or fill is permitted outside of floodways if compensatory excavation is provided. Engineering studies and analyses shall be submitted to demonstrate compensatory excavation hydraulically balances the proposed development, redevelopment or fill. Compensatory excavation shall be taken between the seasonal high water level and the base flood elevation and shall not create adverse impacts to the special flood hazard area. The Floodplain Administrator may waive the requirement for compensatory excavation if the applicant demonstrates that no adverse effects will result from the proposed activities outside the floodway and within the floodplain. DIVISION 2. BUILDINGS AND STRUCTURES Sec. 51.1001. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 51.303, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Division 8 of this article. Sec. 51.1002. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322, as applicable. (2) Minor structures and non-habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this chapter and ASCE 24. Sec. 51.1003. Critical Facilities in the 500-year flood. New and substantially improved critical facilities, where permitted, are required to have lowest floors elevated to or above the 500-year flood elevation or the elevation of the flood or record, whichever is higher, and have flood-free access and egress during the 500-year flood or the flood of record, whichever is higher. DIVISION 3. SUBDIVISIONS Sec. 51.1101 Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures; and (4) Structures are constructed above the base flood elevation. Base flood elevation shall be Ordinance No. 9189-18 22 submitted by the applicant. Sec. 51.1102 Subdivision plans. Where any portion of a subdivision, regardless of type, lies within a flood hazard area, the following shall be required, in addition to any other requirement of the Community Development Code: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on the site plan; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined in accordance with Section 51.402(1); and (3) Compliance with the site improvement and utilities requirements of Division 4 of this article. DIVISION 4. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS Sec. 51.1201. Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 51.1202. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on- site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. Sec. 51.1203. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. Sec. 51.1204. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 51.403(1) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. Sec. 51.1205. Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code, state and federal laws. Sec. 51.1206. Limitations on sites in coastal high hazard areas (Zone V). In coastal high Ordinance No. 9189-18 23 hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 51.403(4) demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 51.1608(3). DIVISION 5. MANUFACTURED HOMES Sec. 51.1301. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. Sec. 51.1302. Limitations on installations in coastal high hazard areas (Zone V). New installations of manufactured homes shall be permitted only in existing manufactured home parks and existing manufactured home subdivisions. Sec. 51.1303. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. (2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. Foundations for manufactured homes subject to Section 51.1305(3) are permitted to be reinforced piers or other foundation elements of at least equivalent strength. Sec. 51.1304. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable anchoring requirements for wind resistance from the U.S. Department of Housing and Urban Development and the U.S. Department of Transportation. Sec. 51.1305. Elevation Requirements. (1) Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 51.13065(2) or 51.13075(3), as applicable. (2) General elevation requirement. Unless subject to the requirements of Section 51.1305(3), all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential. Ordinance No. 9189-18 24 (3) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 51.1305(2), including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential; or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. Sec. 51.1306. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential for such enclosed areas, as applicable to the flood hazard area. Sec. 51.1307. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential, as applicable to the flood hazard area. DIVISION 6. RECREATIONAL VEHICLES AND PARK TRAILERS Sec. 51.1401. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. Sec. 51.1402. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 51.1401 for temporary placement shall meet the requirements of Division 5 of this article for manufactured homes. DIVISION 7. TANKS Sec. 51.1501. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. Sealed engineering designs for anchoring and securing of tanks shall be provided with building permit application. Sec. 51.1502. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 51.1503 shall: (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. (2) Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones. Sec. 51.1503. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall Ordinance No. 9189-18 25 be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. Sealed engineering designs for anchoring and securing of tanks shall be provided with building permit application. Sec. 51.1504. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. DIVISION 8. OTHER DEVELOPMENT Sec. 51.1601. General requirements for other development. All development, including man- made changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of Section 51.1204 if located in a regulatory floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage-resistant materials; (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations; and (6) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. Sec. 51.1602. Fences in regulatory floodways. Fences in regulatory floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 51.1204. Sec. 51.1603. Retaining walls, sidewalks and driveways in regulatory floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulatory floodways shall meet the limitations of Section 51.1204. Sec. 51.1604. Roads and watercourse crossings in regulatory floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulatory floodways shall meet the limitations of Section 51.1204. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 51.403(3). Sec. 51.1605. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs Ordinance No. 9189-18 26 are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) inches. Sec. 51.1606. Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and Coastal A Zones decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. Sec. 51.1607. Other development in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. Sec. 51.1608. Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be Ordinance No. 9189-18 27 permitted for landscaping and for drainage purposes under and around buildings. (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building, subject to Section 51.403. DIVISION 9. HAZARDOUS MATERIALS Sec. 51.1701. Manufacture and storage of hazardous materials. Structures used for the manufacture or storage of hazardous materials shall not be permitted in any floodplain or floodway. Sec. 51.1702. Discharge of hazardous materials. It shall be unlawful for any person to discharge, cause to be discharged, or allow to be discharged any hazardous materials within any floodplain or floodway. SECTION 2. Chapter 47, Buildings and Building Regulations, Section 47.005 Minimum Floor Elevation and Section 47.051 Adoption and Enforcement, Community Development Code are hereby amended as follows: Sec. 47.005. - Minimum floor elevation. (1) The minimum floor elevation for new buildings or additions to existing buildings shall be: (a) One foot above the crown of the pavement abutting the building site for the lowest floor, and six inches for all floors buildings and structures not considered the lowest floor as defined by section 51.03, City Code of Ordinances subject to the requirements of Chapter 51 Community Development Code or the Florida Building Code; or (b) Set by the city engineer for new developments or unusual building sites if the elevation exceeds the requirements of the Florida Building Code.; or (c) Set by the flood insurance rate maps. (2) The building official is hereby designated and authorized to enforce this requirement. * * * * * * * * * * Sec. 47.051. - Adoption and enforcement. * * * * * * * * * * (2) The codes and standards described in this section, referred to generally as the "codes," shall be the editions described in this section or later editions as may subsequently be adopted or amended by the Florida Building Commission Pinellas County Construction Licensing Board or by the city pursuant to Section 47.054 of this Code. Except the administrative sections or provisions and such other provisions of each code as are Ordinance No. 9189-18 28 amended and set forth in this chapter. A copy of each code and amendments shall be kept on file in the office of the city clerk. SECTION 3. Chapter 47, Buildings and Building Regulations, Clearwater Community Development Code, is hereby amended to include a new Section 47.054 which incorporates language and makes the following administrative and technical amendments to the Florida Building Code. In this section, the amendments to the Florida Building Code are shown in double-underline for added language and strike-through for deleted language. Sec. 47.054. – Amendments to the Florida Building Code. (1) The Florida Building Code, Building is adopted in section 47.051 of this Code, with the following administrative amendment(s): (a) Florida Building Code, Building Section 107.3.5, is amended to read as follows: 107.3.5 Minimum plan review criteria for buildings. * * * * * * * * * * Residential (one- and two-family): * * * * * * * * * * 6. Structural requirements shall include: * * * * * * * * * * Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), equipment, and flood damage-resistant materials. (2) Florida Building Code, Building is adopted in section 47.051 of this Code, with the following technical amendment(s): (a) Florida Building Code, Building Section 202, definition of Substantial Improvement, is amended to read as follows: SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, taking place during a one- year period in which the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one-year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has sustainedincurred “substantial damage,” any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that isare the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. (b) Florida Building Code, Building Section 1612.4 Design and Construction, is amended to read as follows: * * * * * * * * * * Ordinance No. 9189-18 29 1612.4 Design and construction. * * * * * * * * * * 1612.4.1 Modification of ASCE 24. Reserved. Table 6-1 and Section 6.2.1 in ASCE 24 shall be modified as follows: 1. The title of Table 6.1 shall be “Minimum Elevation of Floodproofing, Relative to Base Flood Elevation (BFE) or Design Flood Elevation (DFE), in Coastal A Zones and in Other Flood Hazard Areas that are not High Risk Flood Hazard Areas.” 2. Section 6.2.1 shall be modified to permit dry floodproofing in Coastal A Zones, as follows: “Dry floodproofing of nonresidential structures and nonresidential areas of mixed-use structures shall not be allowed unless such structures are located outside of High Risk Flood Hazard areas and Coastal High Hazard Areas. Dry floodproofing shall be permitted in Coastal A Zones provided wave loads and the potential for erosion and local scour are accounted for in the design. Dry floodproofing of residential structures or residential areas of mixed-use structures shall not be permitted.” 1612.4.2 Modification of ASCE 24 (Coastal A Zone). Section 4.5.13 in ASCE 24 shall be modified as follows: 1. Paragraph 1 shall be modified: “In Coastal High Hazard Areas and Coastal A Zones, stem walls shall not be permitted.” 2. Paragraph 2 shall be deleted. 1612.4.3 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 2 feet (610 mm), whichever is higher. (3) The Florida Building Code, Existing Building, is adopted in section 47.051 of this Code, with the following technical amendment(s): (a) Florida Building Code, Existing Building Section 202, definition of Substantial Improvement, is amended to read as follows: SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, means any combination of repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure taking place during a one year period, in which the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure, before the improvement or repair is started. For each building or structure, the one-year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has sustainedincurred “substantial damage,” any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the code building official and that isare the minimum necessary to ensure safe living conditions.; or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure. Ordinance No. 9189-18 30 (4) The Florida Building Code, Residential, is adopted in section 47.051 of this Code, with the following technical amendments: (a) Florida Building Code, Residential Section R322.2.1, Elevation Requirements, is amended to read as follows: R322.2.1 Elevation Requirements. 1. Buildings and structures in flood hazard areas including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation, whichever is higher. 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 2 feet 1 foot (305 mm), or not less than 4 feet 3 feet (915 mm) if a depth number is not specified. 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section 322.2.2. (b) Florida Building Code, Residential Section R322.3.2, Elevation Requirements, is amended to read as follows: R322.3.2 Elevation Requirements. 1. Buildings and structures erected within coastal high-hazard areas and Coastal A Zones, shall be elevated so that the bottom of the lowest horizontal structure members supporting the lowest floor, with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 2 feet 1 foot (305 mm) or the design flood elevation, whichever is higher. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. 5. Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. (c) Florida Building Code, Residential Section R322.3.3, Foundations, is amended to delete the “Exception” and now reads as follows: R322.3.3 Foundations. Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns. The space below the elevated building shall be either free of obstruction or, if enclosed with walls, the walls shall meet the requirements of Section R322.3.4. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water-loading values used shall be those associated with the design flood. Wind-loading values shall be those required by this Ordinance No. 9189-18 31 code. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. Pile systems design and installation shall be certified in accordance with Section R322.3.6. Spread footing, mat, raft or other foundations that support columns shall not be permitted where soil investigations that are required in accordance with Section R401.4 indicate that soil material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave- velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns shall be designed in accordance with ASCE 24. Slabs, pools, pool decks and walkways shall be located and constructed to be structurally independent of buildings and structures and their foundations to prevent transfer of flood loads to the buildings and structures during conditions of flooding, scour or erosion from wave- velocity flow conditions, unless the buildings and structures and their foundations are designed to resist the additional flood load. Exception: In Coastal A Zones, stem wall foundations supporting a floor system above and backfilled with soil or gravel to the underside of the floor system shall be permitted provided the foundations are designed to account for wave action, debris impact, erosion and local scour. Where soils are susceptible to erosion and local scour, stem wall foundations shall have deep footings to account for the loss of soil. SECTION 4. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance 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 and the Florida Building Commission within 30 days after adoption. Ordinance No. 9189-18 32 PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9176-18 2nd rdg contd Agenda Date: 10/18/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9176-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real properties whose post office addresses are 1434 and 1446 North Martin Luther King Jr. Avenue, Clearwater, Florida 33756, from Commercial General (CG) to Residential Medium (RM). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018 Ordinance No. 9176-18 ORDINANCE NO. 9176-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTIES LOCATED ON THE WEST SIDE OF NORTH MARTIN LUTHER KING JR. AVENUE, DIRECTLY AT THE CORNER OF GRANT STREET, WHOSE POST OFFICE ADDRESSES ARE 1434 AND 1446 NORTH MARTIN LUTHER KING JR. AVENUE, CLEARWATER, FLORIDA 33755 FROM COMMERCIAL GENERAL (CG), TO RESIDENTIAL MEDIUM (RM); 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 changed by designating the land use category for the hereinafter described properties as follows: Property Land Use Category See attached Exhibit A for Legal Description From: Commercial General (CG) (LUP2018-06005) To: Residential Medium (RM) 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 contingent upon and subject to the approval of the land use change by the Pinellas County Board of Commissioners, where applicable, and thirty- one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9176-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS LUP2018‐06005 and REZ2018‐06003 ========================================================================== No. Parcel ID Legal Description Address 1. 10-29-15-51948-001-0010 Lot 1 and 2, Block 1 1446 N Martin Luther King Jr. Ave. 2. 10-29-15-51948-001-0030 Lot 3 and 4, Block 1 1434 N Martin Luther King Jr. Ave. The above in CARTER, HONAKER & BARES LINCOLN PLACE ADDITION TO CLEARWATER, as recorded in PLAT BOOK 3, PAGE(s) 27, of the Public Records of Pinellas County, Florida. Exhibit B 65325050405060 40 40 35 35 35 35 40 60 602040404030 4055624 61758 33534 519483 2 1 A B D C C A E 3 B 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 16 15 14 13 12 11 10 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 56 7 1 2 3 4 3 6 7 8 1 2 4 6 1 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 18 17 16 15 18 17 16 15 18 17 16 15 19 20 21 22 23 24 25 26 14 13 12 11 10 9 8 7 19 20 21 22 23 24 25 26 14 13 12 11 10 9 8 7 19 20 21 22 23 24 25 26 14 13 12 11 10 9 8 7 1 2 3 4 5 1 12 19 4 5 11 10 16 15 14 13 12 11 10 9 6 7 8 1 2 3 4 5 6 7 8 31 30 29 28 27 26 25 24 9 32 33 2 1 1 1 1 1 1 1 1 1 1 1 1 MARSHALL ST PENNSYLVANIA AVE GRANT ST TAFT AVE BECKETT ST N MARTIN LUTHER KING, JR. AVE CARLTON ST TANGERINE ST GRANT ST CARLTON ST N WASHINGTOI RU I RM I RM RMRU RM RM I CG I RU RM R/OS RM RU CG RH RU CG CG CG RU 8048069079038038068079049059068009028031302 1111110411141310 1415 11171404 1406 1409 100210001402 11161301 1405 10031411 11081306 10001410 100111121119100611181411 1408 11091115110611181402 11071110110811211413 1414 10141114111311101308 111611071413 11191408 9069259289039268019279029041300 110711011446 1434 1405 06 11091409 1307 112110021404 1103111711201422 1406 1415 1611 10021407 1411 1602 1325 1406 111311011405 1403 11091317 1304 11051004112011111402 11031304 1458 1400 1500 111311151610 1401 11051404 1415 1409 1413 1405 11151609 1101½-Not to Scale--Not a Survey-Rev. 6/12/2018 PROPOSED FUTURE LAND USE MAP Owner(s): Tampa Bay Community Development Corporation Case: LUP2018-06005 REZ2018-06003 Site: 1446 N Martin Luther King Jr. Ave. 1434 N Martin Luther King Jr. Ave. Property Size(Acres): ROW (Acres): 0.3 Land Use Zoning PIN: 10-29-15-51948-001-0010 10-29-15-51948-001-0030 From : Commercial General (CG) Commercial (C) Atlas Page: 269A To: Residential Medium (RM) Medium Density Residential (MDR) PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 18, 2018 AGENDA ITEM: E.4. CASE: LUP2018-06005 REQUEST: To amend the Future Land Use Map designation from Commercial General (CG) to Residential Medium (RM) GENERAL DATA: Applicant ......................... Caprena Latimore Owner ............................. Tampa Bay Community Development Corporation Location .......................... 1434 and 1446 North Martin Luther King Jr. Avenue, located at the southwest corner of North Martin Luther King Jr. Avenue and Grant Street Property Size ................... 0.3 acres Background: This case involves two parcels totaling 0.3 acres located on the west side of North Martin Luther King Jr. Avenue, located at the southwest corner of North Martin Luther King Jr. Avenue and Grant Street. The property is owned by Tampa Bay Community Development Corporation which provides education, counseling, and housing opportunities to revitalize neighborhoods for low to moderate income households. The owner purchased the property to develop with affordable housing units and has indicated the intent to construct two detached dwellings; however, no site plan application has been submitted at this time. The request is to change the Future Land Use Map designation of the subject property from Commercial General (CG) to Residential Medium (RM). A request to rezone the property from the Commercial (C) District to the Medium Density Residential (MDR) District is being processed concurrently with this case (see REZ2018-06003). Detached dwellings are not a listed use in the Commercial (C) District and would require submission of a Comprehensive Infill Redevelopment application which is a Level II Flexible Development (FLD) application. This change would allow for the property to be developed with detached dwellings through a Level I process as either a Minimum Standard development or Flexible Standard development (FLS) application. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Maps 1 and 2 show the general location of the property and an aerial view of the amendment area. Community Development Board – September 18, 2018 LUP2018-06005 - Page 2 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. The site is largely surrounded by other residential uses, with detached dwellings (single family residential) comprising most of the properties in the vicinity and some attached dwellings (duplex/triplex) along North Martin Luther King Jr. Avenue. There are limited commercial uses found south of the subject property, and those stop just north of Carlton Street. There is also a mix of vacant properties zoned both for commercial and residential uses scattered throughout the area. Institutional uses include a church abutting the property to the south and the Pinellas County African American History Museum and Resource Center located to the northeast across North Martin Luther King Jr. Avenue. Map 3 Map 4 Community Development Board – September 18, 2018 LUP2018-06005 - Page 3 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Residential Medium (RM) to the west and Institutional (I) to the south. The surrounding vicinity has areas designated Residential Urban (RU) to the north, across Grant Street, and Institutional (I) and Commercial General (CG) along North Martin Luther King Jr. Avenue. A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Commercial General (CG) Requested FLUM Designation Residential Medium (RM) Primary Uses: Office; Retail Sales & Service; Overnight Accommodations Moderate to High Density Residential; Residential Equivalent Maximum Density: 24 Dwelling Units Per Acre; 40 Overnight Accommodations Units Per Acre 15 Dwelling Units Per Acre Maximum Intensity: FAR 0.55; ISR 0.90 FAR 0.50; ISR 0.75 Consistent Zoning Districts: Commercial (C) Medium Density Residential (MDR); Medium High Density Residential (MHDR) REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Objective A.4.1 The City’s Concurrency Management System will ensure that compatibility of all proposed development with the capacities of the existing and planned support facilities for which a level of service has been adopted. Policy A.5.4.3 North Martin Luther King, Jr. Avenue from Fairmont Street to Drew Street. The existing walkable community and livable neighborhood features should be maintained, while residential, office and institutional uses should be supported. Community Development Board – September 18, 2018 LUP2018-06005 - Page 4 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.1.1 Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. The proposed Residential Medium (RM) future land use designation is compatible with the surrounding single-family and institutional uses. The applicant has indicated the intention to develop the property with two affordable detached dwellings, which would be possible through the proposed future land use change. The proposed Residential Medium (RM) category allows for less intense and dense development than the property’s current designation, which is appropriate as North Martin Luther King Jr. Avenue transitions to lower-density residential areas near the subject parcels. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals, objectives, and policies listed above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Retail & Services (R&S). The proposed amendment area is on the northernmost edge of the Retail & Services (R&S) area along North Martin Luther King Jr. Avenue, with Residential Low Medium (RLM) to the north across Grant Street and Residential Medium (RM) abutting to the east. The proposed City of Clearwater future land use designation of Residential Medium (RM) will necessitate an amendment from the Retail & Services (R&S) category to the Residential Medium (RM) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.3 of the Countywide Rules states that the Residential Medium (RM) category is intended to depict those areas of the county that are now developed, or appropriate to be developed, in a medium-density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities, including transit, and natural resources of such areas. Although the proposed use, as indicated by the applicant, is two detached dwellings, which is less dense than what the Residential Medium (RM) category allows, it is an appropriate use within the area and is consistent with the proposed and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules. Community Development Board – September 18, 2018 LUP2018-06005 - Page 5 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of residential (north, west and east), church (south), vacant (north) and museum (east). The development of two detached dwellings on the subject property is compatible with the surrounding properties and the character of the neighborhood. The proposed Residential Medium (RM) future land use category primarily permits residential development at a density of 15 units per acre. The future land use designations of surrounding properties include Residential Medium (RM), Residential Urban (RU), Commercial General (CG), and Institutional (I). The proposed Residential Medium (RM) future land use category is consistent with the surrounding future land use designations that exist near the subject property. The proposed amendment will allow for new residential development in the neighborhood, while maintaining a development pattern that is consistent with the other properties in the area. Recommended Conclusions of Law: The proposed Residential Medium (RM) future land use category is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the present and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “CG” Requested FLUM Designation “RM”Net Change Site Area 0.3 AC (13,068 SF) 0.3 AC (13,068 SF) Maximum Development Potential 0 DUs1 7,187 SF 0.55 FAR 4 DUs 9,801 SF 0.50 FAR2 +4 DUs +2,614 SF -.05 FAR Notes: 1. Residential uses are not listed uses in the consistent Commercial (C) District. 2. The types of nonresidential uses are limited within the requested Medium Density Residential (MDR) District, and the subject property does not meet the minimum lot area requirement for most of those uses (e.g., schools, overnight accommodations – bed and breakfast). Abbreviations: FLUM – Future Land Use Map SF – Square Feet FAR –Floor Area Ratio AC – Acres DUs – Dwelling Units As shown in the table, there is an increase in residential development potential across the amendment area which would increase demand on several public facilities. This site has been vacant for many years, so any new development would generate new impacts to the City’s facilities. For this evaluation, the maximum potential development of the proposed Residential Medium (RM) future land use developed with a Community Development Board – September 18, 2018 LUP2018-06005 - Page 6 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION residential use (four dwelling units, which is two more than what the property owner indicated is planned) is compared to the maximum development potential of the existing Commercial General (CG) future land use category developed with a nonresidential use (7,187 SF of retail). An increase in demand of certain public facilities could be expected with the proposed change, but the City has adequate capacity to serve the property. Potable Water The change in development potential and use from this amendment would result in an increase in potable water use of 410 gallons per day. This is determined by comparing the potential potable water utilization of the maximum number of residential units allowed by the proposed land use (1,128 gallons per day) to the potential utilization of the subject property if developed with the maximum square feet of a nonresidential use allowed by the current land use designation (718 gallons per day). The City’s current potable water demand is 12.61 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016- 1026 Planning Period), completed in October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential and use from this amendment would also result in an increase in wastewater production of 440 gallons per day. This is determined by comparing the potential wastewater generation of the proposed land use developed with four units (1,015 gallons) to the potential wastewater generation of the current land use designation developed with seven units (575 gallons). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 5.12 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The proposed amendment could result in a decrease of 26.51 tons per year of solid waste generated when comparing the amount of waste generated by four residential units to that of 7,187 SF of retail. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Cherry Harris Park is located one block north and offers residents a playground and a covered picnic area. The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Community Development Board – September 18, 2018 LUP2018-06005 - Page 7 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the west side of North Martin Luther King Jr. Avenue, at the corner of Grant Street. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (130) is calculated based on the typical traffic generation numbers for the consistent Retail & Services (R&S) category (433 trips per day per acre). The proposed Countywide Plan Map category of Residential Medium (RM) (96 trips per day per acre) would decrease the number of trips per day to 29 trips per day. This is a decrease of 101 trips per day compared to the number of trips under the current designation. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – September 18, 2018 LUP2018-06005 - Page 8 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Commercial General (CG) to Residential Medium (RM). Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9176-18 Resume Photographs of Site and Vicinity LUP2018-06005 & REZ2018-06003 Tampa Bay Community Development Corporation 1434 & 1446 North Martin Luther King Jr. Avenue View looking west at the subject property, 1434 & 1446 North Martin Luther King Jr. Avenue North of the subject property Across the street, to the east of the subject property South of the subject property View looking northerly along North Martin Luther King Jr. Avenue View looking southerly along North Martin Luther King Jr. Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9177-18 2nd rdg contd Agenda Date: 10/18/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9177-18 on second reading, amending the Zoning Atlas of the city by rezoning certain real properties whose post office addresses are 1434 and 1446 North Martin Luther King Jr. Avenue, Clearwater, Florida 33756, from Commercial (C) to Medium Density Residential (MDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018 Ordinance No. 9177-18 ORDINANCE NO. 9177-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTIES LOCATED ON THE WEST SIDE OF NORTH MARTIN LUTHER KING JR. AVENUE, DIRECTLY AT THE CORNER OF GRANT STREET, WHOSE POST OFFICE ADDRESSES ARE 1434 AND 1446 NORTH MARTIN LUTHER KING JR. AVENUE, CLEARWATER, FLORIDA 33755, FROM COMMERCIAL (C) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties in Clearwater, Florida, are hereby rezoned, and the Zoning Atlas of the City is amended as follows: Property Zoning District See attached Exhibit A for Legal Description From: Commercial (C) District (REZ2018-06003) To: Medium Density Residential (MDR) District 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, subject to the approval of the land use designation set forth in Ordinance 9176-18 by the Pinellas County Board of County Commissioners. Ordinance No. 9177-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS LUP2018‐06005 and REZ2018‐06003 ========================================================================== No. Parcel ID Legal Description Address 1. 10-29-15-51948-001-0010 Lot 1 and 2, Block 1 1446 N Martin Luther King Jr. Ave. 2. 10-29-15-51948-001-0030 Lot 3 and 4, Block 1 1434 N Martin Luther King Jr. Ave. The above in CARTER, HONAKER & BARES LINCOLN PLACE ADDITION TO CLEARWATER, as recorded in PLAT BOOK 3, PAGE(s) 27, of the Public Records of Pinellas County, Florida. Exhibit B 65325050405060 40 40 35 35 35 35 40 60 602040404030 4055624 61758 33534 519483 2 1 A B D C C A E 3 B 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 16 15 14 13 12 11 10 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 56 7 1 2 3 4 3 6 7 8 1 2 4 6 1 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 18 17 16 15 18 17 16 15 18 17 16 15 19 20 21 22 23 24 25 26 14 13 12 11 10 9 8 7 19 20 21 22 23 24 25 26 14 13 12 11 10 9 8 7 19 20 21 22 23 24 25 26 14 13 12 11 10 9 8 7 1 2 3 4 5 1 12 19 4 5 11 10 16 15 14 13 12 11 10 9 6 7 8 1 2 3 4 5 6 7 8 31 30 29 28 27 26 25 24 9 32 33 2 1 1 1 1 1 1 1 1 1 1 1 1 MARSHALL ST PENNSYLVANIA AVE GRANT ST TAFT AVE BECKETT ST N MARTIN LUTHER KING, JR. AVE CARLTON ST TANGERINE ST GRANT ST CARLTON ST N WASHINGTOI C I MDR MDR LMDR OS/R I 8069079038038079049279059068008031302 1107111111041405 11141310 1415 11171404 14091409 100210001402 11161301 1405 10031411 11081306 10001410 100111191406 1113100611181411 1408 11091115110611181402 11071103110811211413 1400 1414 1014111311101308 111611071413 111911151408 HDR I804906925928806903926801902902904130011011446 1434 06 1406 11091307 112110021404 1103111711201422 11121406 1415 1611 10021407 1411 1602 1325 11011405 1403 11091317 1304 11051004112011111402 11101304 1458 1500 111311151610 1401 111411051404 1415 1409 1413 1405 1609 1101½-Not to Scale--Not a Survey-Rev. 6/12/2018 PROPOSED ZONING MAP Owner(s): Tampa Bay Community Development Corporation Case: LUP2018-06005 REZ2018-06003 Site: 1446 N Martin Luther King Jr. Ave. 1434 N Martin Luther King Jr. Ave. Property Size(Acres): ROW (Acres): 0.3 Land Use Zoning PIN: 10-29-15-51948-001-0010 10-29-15-51948-001-0030 From : Commercial General (CG) Commercial (C) Atlas Page: 269A To: Residential Medium (RM) Medium Density Residential (MDR) PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 18, 2018 AGENDA ITEM: E.5. CASE: REZ2018-06003 REQUEST: To amend the Zoning Atlas designation from the Commercial (C) District to the Medium Density Residential (MDR) District GENERAL DATA: Applicant ......................... Caprena Latimore Owner ............................. Tampa Bay Community Development Corporation Location .......................... 1434 and 1446 North Martin Luther King Jr. Avenue, located at the southwest corner of North Martin Luther King Jr. Avenue and Grant Street Property Size ................... 0.3 acres Background: This case involves two parcels totaling 0.3 acres located on the west side of North Martin Luther King Jr. Avenue, located at the southwest corner of North Martin Luther King Jr. Avenue and Grant Street. The property is owned by Tampa Bay Community Development Corporation which provides education, counseling, and housing opportunities to revitalize neighborhoods for low to moderate income households. The owner purchased the property to develop with affordable housing units and has indicated the intent to construct two detached dwellings; however, no site plan application has been submitted at this time. The request is to change the Zoning Atlas designation of the subject property from the Commercial (C) District to the Medium Density Residential (MDR) District. A request to amend the future land use category of the subject property from Commercial General (CG) to Residential Medium (RM) is being processed concurrently with this case (see LUP2018-06005). Detached dwellings are not a listed use in the Commercial (C) District and would require submission of a Comprehensive Infill Redevelopment application which is a Level II Flexible Development (FLD) application. This change would allow for the property to be developed with detached dwellings through a Level I process as either a Minimum Standard development or Flexible Standard development (FLS) application. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Maps 1 and 2 show the general location of the property and an aerial view of the amendment area. Community Development Board – September 18, 2018 REZ2018-06003- Page 2 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. The site is largely surrounded by other residential uses, with detached dwellings (single family residential) comprising most of the properties in the vicinity and some attached dwellings (duplex/triplex) along North Martin Luther King Jr. Avenue. There are limited commercial uses found south of the subject property, and those stop just north of Carlton Street. There is also a mix of vacant properties zoned both for commercial and residential uses scattered throughout the area. Institutional uses include a church abutting the property to the south and the Pinellas County African American History Museum and Resource Center located to the northeast across North Martin Luther King Jr. Avenue. Map 3 Map 4 Community Development Board – September 18, 2018 REZ2018-06003- Page 3 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting Zoning Atlas designations are Medium Density Residential (MDR) District to the west and Institutional (I) District to the south. The surrounding vicinity has areas designated with the Medium Density Residential (MDR) and Low Medium Density Residential (LMDR) Districts to the north, across Grant Street, and the Intuitional (I) and Commercial (C) Districts along North Martin Luther King Jr. Avenue. REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goal, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Objective A.4.1 The City’s Concurrency Management System will ensure that compatibility of all proposed development with the capacities of the existing and planned support facilities for which a level of service has been adopted. Policy A.5.4.3 North Martin Luther King, Jr. Avenue from Fairmont Street to Drew Street. The existing walkable community and livable neighborhood features should be maintained, while residential, office and institutional uses should be supported. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.1.1 Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. Applicable section of the Community Development Code which supports the proposed amendment: Division 3. Medium Density Residential District, Section 2-301. Intent and Purpose. The intent and purpose of the Medium Density Residential District ("MDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Medium Density Residential (MDR) District is compatible with the surrounding single-family and institutional uses. The applicant has indicated the intent to develop the property with two affordable detached dwellings, which would be possible through the proposed Zoning Atlas amendment. The proposed Medium Density Residential (MDR) District allows for residential uses whereas the property’s current designation does not, and residential uses are appropriate as North Martin Luther King Jr. Avenue transitions to lower-density residential areas near the subject parcels. In addition, the proposal does not degrade the Community Development Board – September 18, 2018 REZ2018-06003- Page 4 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of residential (north, west and east), church (south), vacant (north) and museum (east). The proposed Medium Density Residential (MDR) zoning district requested is consistent with the zoning districts that exist near the subject property. The development of two detached dwellings on the subject property, which would be possible through the proposed Medium Density Residential (MDR) District, is compatible, consistent and in character with the surrounding properties and neighborhood consistent with the surrounding properties and the character of the neighborhood. Recommended Conclusions of Law: The proposed Medium Density Residential (MDR) zoning district is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the present and requested City Future Land Use Map designations were analyzed (see Table 1). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. Table 1. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “CG” Requested FLUM Designation “RM”Net Change Site Area 0.3 AC (13,068 SF) 0.3 AC (13,068 SF) Maximum Development Potential 0 DUs1 7,187 SF 0.55 FAR 4 DUs 9,801 SF 0.50 FAR2 +4 DUs +2,614 SF -.05 FAR Notes: 1. Residential uses are not listed uses in the consistent Commercial (C) District. 2. The types of nonresidential uses are limited within the requested Medium Density Residential (MDR) District, and the subject property does not meet the minimum lot area requirement for most of those uses (e.g., schools, overnight accommodations – bed and breakfast). Abbreviations: FLUM – Future Land Use Map SF – Square Feet FAR –Floor Area Ratio AC – Acres DUs – Dwelling Units Community Development Board – September 18, 2018 REZ2018-06003- Page 5 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown in the table, there is an increase in residential development potential across the amendment area which would increase demand on several public facilities. This site has been vacant for many years, so any new development would generate new impacts to the City’s facilities. For this evaluation, the maximum potential development of the proposed Residential Medium (RM) future land use developed with a residential use (four dwelling units, which is two more than what the property owner indicated is planned) is compared to the maximum development potential of the existing Commercial General (CG) future land use category developed with a nonresidential use (7,187 SF of retail). An increase in demand of certain public facilities could be expected with the proposed change, but the City has adequate capacity to serve the property. Potable Water The change in development potential and use from this amendment would result in an increase in potable water use of 410 gallons per day. This is determined by comparing the potential potable water utilization of the maximum number of residential units allowed by the proposed land use (1,128 gallons per day) to the potential utilization of the subject property if developed with the maximum square feet of a nonresidential use allowed by the current land use designation (718 gallons per day). The City’s current potable water demand is 12.61 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016- 1026 Planning Period), completed in October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential and use from this amendment would also result in an increase in wastewater production of 440 gallons per day. This is determined by comparing the potential wastewater generation of the proposed land use developed with four units (1,015 gallons) to the potential wastewater generation of the current land use designation developed with seven units (575 gallons). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 5.12 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The proposed amendment could result in a decrease of 26.51 tons per year of solid waste generated when comparing the amount of waste generated by four residential units to that of 7,187 SF of retail. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Cherry Harris Park is located one block north and offers residents a playground and a covered picnic area. The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by Community Development Board – September 18, 2018 REZ2018-06003- Page 6 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the west side of North Martin Luther King Jr. Avenue, at the corner of Grant Street. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (130) is calculated based on the typical traffic generation numbers for the consistent Retail & Services (R&S) category (433 trips per day per acre). The proposed Countywide Plan Map category of Residential Medium (RM) (96 trips per day per acre) would decrease the number of trips per day to 29 trips per day. This is a decrease of 101 trips per day compared to the number of trips under the current designation. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Medium Density Residential (MDR) District is logical and consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – September 18, 2018 REZ2018-06003- Page 7 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas amendment from the Commercial (C) District to the Medium Density Residential (MDR) District. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9177-18 Resume Photographs of Site and Vicinity LUP2018-06005 & REZ2018-06003 Tampa Bay Community Development Corporation 1434 & 1446 North Martin Luther King Jr. Avenue View looking west at the subject property, 1434 & 1446 North Martin Luther King Jr. Avenue North of the subject property Across the street, to the east of the subject property South of the subject property View looking northerly along North Martin Luther King Jr. Avenue View looking southerly along North Martin Luther King Jr. Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9202-18 2nd rdg Agenda Date: 10/18/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9202-18 on second reading, amending Ordinance 9130-18 which vacated public right-of-way of Damascus Road and vacating an ingress and egress easement. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018 [RE15-1313-080/223806/1]1 Ord. No. 9202-18 ORDINANCE NO. 9202-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 9130-18 WHICH VACATED PUBLIC RIGHT-OF-WAY OF DAMASCUS ROAD,FORMERLY KNOWN AS BOSTROM ROAD, CLEARWATER, FLORIDA, ACQUIRED BY THE CITY OF CLEARWATER, FLORIDA PER RESOLUTION NO. 64-90 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1936, PAGE 522 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AFFECTED BY THE NAME CHANGE IN RESOLUTION NO. 80-29 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 5043, PAGE 479 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND VACATING AN INGRESS AND EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 9551, PAGE 1433 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS PROVIDED FOR THEREIN, TO CORRECT A SCRIVENER’S ERROR; PROVIDING THAT THE ORDINANCE SHALL BE NULL AND VOID IF SECTION 1, CONDITION 3 IS NOT MET WITHIN FORTY- FIVE (45) CALENDAR DAYS AFTER THE CONVEYANCE OF THE SUBJECT PROPERTY;PROVIDING AN EFFECTIVE DATE. WHEREAS, Kiran Patel & Pallavi Family Foundation, Inc. (“Property Owner”), the owner in fee title of real property abutting the right-of-way described and depicted in Exhibit “A”(attached hereto and incorporated herein), and upon which that certain Ingress and Egress Easement lies, as described and depicted in Exhibit “B”(attached hereto and incorporated herein), has requested that the City vacate said right-of-way and Ingress and Egress Easement; and WHEREAS, after proper public notice and public hearing thereon, the City Council of the City of Clearwater, Florida found that said right-of-way and easement are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated by adoption of Ordinance 9130-18 on May 17, 2018; and [RE15-1313-080/223806/1]2 Ord. No. 9202-18 WHEREAS, a scrivener’s error was made in Section 1, condition 3, which is hereby being corrected for the record; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: See Exhibit “A” and the easement described as follows: See Exhibit “B” are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1.The Property Owner will grant to the City of Clearwater, Florida, (“City”) and Pinellas County, Florida (“County”) an easement for ingress and egress access over a new access road connecting to that certain property to the North of Property Owner’s parcel which is co-owned by the City and the County, and which will be a minimum of 24’ in width and meet or exceed the City of Clearwater’s Construction Standards Index No. 102 and the 700 Series of Section IV of the City of Clearwater’s Construction Contract Specifications which are incorporated herein by reference and may be located at the myclearwater.com, Engineering Department page. This vacation ordinance shall be null and void if this condition is not met by July 1, 2019. 2.The Property Owner will grant to the City of Clearwater, Florida, a general blanket utility easement over, under and across the real property described in Exhibit “C”, (attached hereto and incorporated herein) for the installation and maintenance of any and all utilities therein by the City of Clearwater. 3.The Property Owner shall grant individual easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc. and Knology of Central Florida (doing business as WOW!), as may be requested by said providers and the location and terms of which are acceptable to the respective utility providers. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar days after the conveyance of the subject property pursuant to the contract referred to in condition 7. [RE15-1313-080/223806/1]3 Ord. No. 9202-18 4.Property Owner shall grant the City of Clearwater, Florida and Pinellas County, Florida a Blanket Temporary Ingress Egress Access Easement connecting to that certain property to the North of Property Owner’s parcel which is co-owned by the City and the County, for ingress and egress access during construction, until such time as the permanent ingress egress access easement contemplated in section 1 above is granted and accepted. 5.The vacation as contemplated hereunder by the City of Clearwater as to the City of Clearwater’s interest as conveyed in that certain Easement Deed as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida, in no way affects the interest conveyed to Pinellas County, Florida in the same instrument. 6.The declaration as surplus of the City-owned portions of real property described in Exhibit “D”(attached hereto and incorporated herein) by the Clearwater City Council in accordance with the City of Clearwater Code of Ordinances and City policies and procedures; and 7.Clearwater City Council approval of that certain Contact for the Purchase and Sale of Real Property as set forth in its entirety in Exhibit “E” (attached hereto and incorporated herein) and the closing on, and conveyance of, the property as described therein. Section 2. This ordinance amends and revises Ordinance 9130-18, Section 1, condition 3, to correct a scrivener’s error and reflect the original intent to provide that Ordinance 9130-18 shall be null and void if the Property Owner does not grant easements as may be required by condition 3 within forty-five (45) days of the conveyance of the subject property. Section 3. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 4. This ordinance shall take effect immediately upon adoption and will be effective nunc pro tunc to May 17, 2018. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED [RE15-1313-080/223806/1]4 Ord. No. 9202-18 ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "C" Exhibit "C" Exhibit "D" D-1 Exhibit "D" D-2 Exhibit "D" D-3 S44° 3 8 ' 5 1 "W 3 9 2 . 8 0 ' ( D )S80°52'25"W 345.42'(D)S82°35'34"W47.12'(D)S89°45'39"WDenotes Damascus Road Right-of-WayS89°30'50"E(D) 524.48'(C)S 4 3 ° 2 3 ' 4 9 "W 7 6 3 . 4 0 ' ( D ) S00°00'00"W(D) 280.49'(C)Denotes Damascus Road Right-of-WaySurvey utilized for City's calculation of Right-of-Way is"ALTA/NSPS Land Title Survey for 3400 Gulf-to-BayBoulevard " performed by VisionLand Service,Dated 12/2/16.Calculated Area - 17,960 Square FeetD-4 CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), whose post office address is 112 South Osceola Avenue, Clearwater, FL 33756, and DRS. KIRAN AND PALLAVI PATEL FAMILY FOUNDATION, INC., a Florida not for profit corporation (herein "Buyer"), whose post office address is 5600 Mariner Street, Suite 200, Tampa, Florida 33609, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION See Exhibit “A” 2. FULL PURCHASE PRICE ..................................…………………………………… $ 137,000.00 3. MANNER OF PAYMENT: Wire transfer in U.S. funds at time of closing ………… $ 137,000.00 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations with the Buyer by City staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Buyer, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. Contingencies: The sale proposed in this contract shall be contingent upon: (1) City Council approval of an ordinance which vacates that certain portion of public right-of-way of Damascus Road, formerly known as Bostrom Road, acquired by the City per Resolution No. 64-90 of the City of Clearwater, Florida as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “B” attached hereto and incorporated herein) and an Ingress and Egress Easement as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein), (2) The declaration of the Property as surplus by City Council for [GM17-1420-212/218719/1] Page 2 of 7 conveyance to the adjoining property owner in accordance with the City of Clearwater Code of Ordinances/Charter. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Seller shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 31, 2018 but in no case later than 120 days following the effective date hereof, unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without [GM17-1420-212/218719/1] Page 3 of 7 effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. 11. CLOSING EXPENSES Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if applied to this transaction. Recordation of the deed shall be paid by Buyer. Seller shall pay the costs of recording any corrective instruments. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through the day prior to closing and deliver same to the Pinellas County Tax Collector. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein and the Property shall not be rented or occupied beyond closing. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants that there are no leases encumbering the Property and Seller will not enter into a lease for the Property during the duration of this Contract. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 20 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection: Buyer may, at Buyer expense within forty-five (45) days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other [GM17-1420-212/218719/1] Page 4 of 7 investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property "as is", together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and re-convey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 19. DEFAULT [GM17-1420-212/218719/1] Page 5 of 7 If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon giving written notice to Buyer. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 22. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 23. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 24. ASSIGNABILITY; PERSONS BOUND [GM17-1420-212/218719/1] Page 6 of 7 This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 27. BROKER REPRESENTATION Neither Party hereto is represented by a Licensed Real Estate Broker upon the execution hereof. Should either Party choose to obtain the services of a License Real Estate Broker, the Party obtaining such services shall be responsible for any Broker fee or expense due to said Broker. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 29. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 30. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-1420-212/218719/1] Page 7 of 7 EXECUTED this _____ day of ________________________, 2018 by Buyer. DRS. KIRAN & PALLAI PATEL FAMILY FOUNDATION, INC. By: ______________________________________ Pallavi K. Patel APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2018. THE CITY OF CLEARWATER, FLORIDA _____________________________ By: _____________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form: Attest: _____________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9203-18 2nd rdg Agenda Date: 10/18/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9203-18 on second reading, amending Ordinance 3547-84, which vacated the west four feet of Garden Avenue right-of-way abutting Court Square Subdivision, to correct the legal description to clarify that the ordinance only vacated the west four feet of Garden Avenue right-of-way abutting only Lots 35 through 39 of Court Square Subdivision. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018 [RE15-1313-080/223842/1]1 Ord. No. 9203-18 ORDINANCE NO. 9203-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE 3547-84, WHICH VACATED THE WEST FOUR FEET OF GARDEN AVENUE RIGHT-OF-WAY ABUTTING COURT SQUARE SUBDIVISION, PINELLAS COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 5760, PAGE 1207 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TO CORRECT THE LEGAL DESCRIPTION; PROVIDING THAT THE ORDINANCE WAS INTENDED TO VACATE THE WEST FOUR FEET OF GARDEN AVENUE RIGHT-OF-WAY ABUTTING ONLY LOTS 35 THROUGH 39 OF COURT SQUARE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS MORE PARTICULARLY REFLECTED ON THE SKETCH DEPICTED AT OFFICIAL RECORDS BOOK 5760, PAGE 1208; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1984, it was requested by John W. Wilson, owner of certain real property in Court Square Subdivision, in the City of Clearwater, Florida, that the City of Clearwater, Florida, vacate a certain portion of right-of-way; and WHEREAS, after proper public notice and public hearing thereon, the City Commission found that said portion of right-of-way was not necessary nor required for municipal use and it was deemed to be to the best interest and advantage of the City and the general public that the same be vacated by adoption of Ordinance 3547-84 on May 3, 1984 (attached hereto and incorporated herein as Exhibit “A”); and WHEREAS, a recent review of title documentation involving the subject area revealed an inconsistency as between the legal description and the depiction by sketch; and WHEREAS, the City Council of the City of Clearwater, Florida now wishes to clarify that the intent of Ordinance 3547-84 was to vacate the four feet abutting lots 35 through 39 only as depicted in the sketch at O.R. Book 5760, Page 1208, in the Public Records of Pinellas County, Florida, (attached hereto and incorporated herein as Exhibit “B”) and [RE15-1313-080/223842/1]2 Ord. No. 9203-18 that no portion of the Garden Avenue right-of-way south of the southerly boundary of Lot 35 was vacated by Ordinance 3547-84; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following: The West 4.0 feet of 100.0 feet right-of-way for Garden Avenue running from the north lot line of Lot 39 to the southerly lot line of Lot 35, abutting Court Square Subdivision, according to the map or plat thereof as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, Florida (attached hereto and incorporated herein as Exhibit “C”), be and the same is hereby vacated, closed and released, and the City of Clearwater hereby quit claims and releases all of its right, title and interest thereto, subject to any fee title interest which the City of Clearwater may hold, to the persons, firms or corporations entitled thereto by law. Section 2. This ordinance amends and revises Ordinance 3547-84 to correct the legal description in Section 1, to reflect the intention to vacate only that portion of the four- foot right-of-way of Garden Avenue abutting Lots 35 through 39 as reflected in Exhibit “B” and “C”. Section 3. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. Section 4. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 5. This ordinance shall take effect immediately upon adoption and will be effective, nunc pro tunc to May 3, 1984. [RE15-1313-080/223842/1]3 Ord. No. 9203-18 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBIT "A" EXHIBIT "A" EXHIBIT "A" EXHIBIT "B" HAVEN STREET (PLAT) (50' R/W PER PLAT) COURT STREET (PLAT, FIELD) (100' R/W PER PLAT) 44 45 35 43 36 42 37 41 38 40 39 FRANKLIN STREET (50' R.O.W PER PLAT)S. GARDEN AVENUE(100' R/W PER PLAT)Court S q u ar e Page 5 3S. FORT HARRISON AVENUE(70' R/W PER PLAT)15' ALLEY (PLAT)15' ALLEY (PLAT)34 O.R.4867-1478 DEDICATED AS R/W DATE: 6/7/1979 NORTH R/W LINE SOUTH R/W LINE West 4.0 ' 46 33 50' 50' 100' CITY ORDINANCE 9129-18 O.R.20070-2537 VACATED R/W DATE: 5/17/18 (A PORTION OF LOT 34) O.R.4867-1478 DEDICATED AS R/W DATE: 6/7/1979 NORTH LOT LINE SOUTH LOT LINE Plat B o o k 5 The West 4.0 feet of the 100.0 foot right-of-way of Garden Avenue, running from the North lot line of Lot 39 to the South lot line of Lot 35, abutting Court Square Subdivision, according to the map or plat thereof as recorded in Plat Book 5, Page 53, of the Public Records of Pinellas County, Florida. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "C" Amended Vacation of the West 4' of a Portion of S Garden AvenueLee Cheek 9/14/18 Lgl_2018-15 1 1 16 20 15 Legal Description Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5207 Agenda Date: 10/18/2018 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Ratify and Confirm Change Order Four to Rowland, Inc. of Pinellas Park in the amount of $412,083.39 for emergency sewer repair associated with the forcemain break on Gulf Boulevard as part of the 2013-14 Sanitary Sewer and Manhole Rehabilitation Project (14-0025-UT) and authorize the appropriate officials to execute same. SUMMARY: February 5, 2015, City Council awarded a two-year contract, with an option to renew for a two-year term, to Rowland, Inc. for Sanitary Sewer and Manhole Emergency Repairs based on unit prices. The original contract included $900,000 for emergency repair of the sewer collection system, and $100,000 for emergency repair related to the three Water Reclamation Facilities (WRFs). November 3, 2016, the City Council approved Change Order One to add $750,000 for emergency repair at the WRFs. January 19, 2017, the City Council Ratified and Confirmed Change Order Two for the emergency repair to a 16-in. forcemain break on Gulf Boulevard in the Sand Key area in the amount of $339,757.89. June 29, 2018, the City Manager approved Administrative Change Order Three, in the amount of $175,000, for point repairs while waiting for the new Emergency Contract to become effective (the new Emergency Contract was approved by City Council on September 6, 2018). July 31, 2018, staff reported water coming up at the Sand Key bridge northeast abutment, which the City suspected was a forcemain leaking up through the road surface near the bridge. Emergency status was approved by the City Manager to have Rowland complete the repair. Change Order Four is for the emergency repair of the forcemain near Sand Key Bridge for a revised contract total of $2,676,841.28. Rowland, Inc. has performed excellent work for the City and agreed to hold their competitive unit pricing to continue their work with the City. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 10/17/2018 File Number: ID#18-5207 3277327-563800-96665 $412,083.39 A first quarter budget amendment will transfer $3,000,000 of Utility Renewal and Replacement funding from 96664, WPC Repair and Replacement, to 96665, Sanitary Sewer Repair and Replacement. Page 2 City of Clearwater Printed on 10/17/2018 Ratify & Confirm Change Order 4 DATE: September 5, 2018 PROJECT: PROJECT NUMBER:14-0025-UT 2013-14 Sanitary Sewer and Manhole Rehabilitation-Sanitary Sewer Emergency Repair CONTRACT: 900250 CONTRACTOR: COUNCIL AWARD:February 5, 2015 Rowland Incorporated 6855- 102nd Avenue North DATE OF CONTRACT:February 27, 2015 Pinellas Park, Fl 33782 CODE:3277327-563800-96665 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Rowland Incorporated ORIGINAL CONTRACT AMOUNT 1,000,000.00$ Change Order 1-City Council - 11/3/2016 750,000.00$ 339,757.89$ By: (SEAL) Admin. Change Order 3-City Mgr - 6/29/2018 175,000.00$ Ken Rowland, President R&C Change Order 4-City Council - 10/18/2018 412,083.39$ NEW CONTRACT AMOUNT 2,676,841.28$ Date: APPROVED AS TO FORM: Witnesses: Owen Kohler, Assistant City Attorney George N Cretekos, Mayor ATTEST: Recommended By: Rosemarie Call, City Clerk City of Clearwater Date: CITY OF CLEARWATER, in Lan-Anh Nguyen, PE, Project Manager PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager D. Scott Rice PE City Engineer to increase items for emergency repair of the Sand Key Forcemain - see details attached. Change Order 2-City Council - 1/19/2017 Ratify & Confirm Change Order 4: 2013-14 Sanitary Sewer and Manhole Rehabilitation Sanitary Sewer Emergency Repair ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST Increases: C. SEWER PIPE, FORCE MAIN, AND MANHOLE EMERGENCY REPAIR 1 Mobilization LS 1 225.00$ 225.00$ 3 Labor Hour Foreman - regular time PH 102.5 66.00$ 6,765.00$ Foreman - overtime PH 55.5 76.00$ 4,218.00$ Operator - regular time PH 184 53.00$ 9,752.00$ Operator - overtime PH 90.5 63.00$ 5,701.50$ Truck Driver - regular time PH 83 43.00$ 3,569.00$ Truck Driver - overtime PH 10 53.00$ 530.00$ Pipe Layer - reguar time PH 195 46.00$ 8,970.00$ Pipe Layer - overtime PH 96.5 56.00$ 5,404.00$ Laborer - regular time PH 125.5 41.00$ 5,145.50$ Laborer - overtime PH 40.5 51.00$ 2,065.50$ 4 Equipment Foreman P/U with hand tools PH 158 28.00$ 4,424.00$ Job truck with tools PH 206.5 36.00$ 7,434.00$ Tractor & Trailer (Transport)PH 20 25.00$ 500.00$ Track Hoe (to 100 HP)PH 150.5 95.00$ 14,297.50$ Track Hoe (171 HP and up)PH 9 135.00$ 1,215.00$ Wheel Loader (to 150 HP)PH 147.5 65.00$ 9,587.50$ Track Type Tractors (to 100 HP)PH 17 22.00$ 374.00$ Dump Truck (Tandem Axle)PH 30 72.00$ 2,160.00$ Plate Tamp PH 11 6.00$ 66.00$ 3" Trash Pump PH 22 6.00$ 132.00$ Air Compressor (125CFM)PH 20.5 12.00$ 246.00$ 5 Materials Off Site Selected Fill CY 54 4.00$ 216.00$ Limerock Base Material TN 68.08 25.00$ 1,702.00$ #57 Washed Stone TN 8 40.00$ 320.00$ Bahia Sod SF 850 0.60$ 510.00$ 11 Miscellaneous & Markup LS 1 316,553.89$ 316,553.89$ Total Increases:412,083.39$ Page 2 of 2 Ratify & Confirm Change Order 4: 2013-14 Sanitary Sewer and Manhole Rehabilitation Sanitary Sewer Emergency Repair Thank you Bill. Dave From: Horne, William Sent: Tuesday, July 31, 2018 4:18 PM To: Porter, David <David.Porter@MyClearwater.com> Cc: Silverboard, Jill <jill.silverboard@myclearwater.com>; Gardner, Richard <Richard.Gardner@MyClearwater.com>; Daniel, Glenn <Glenn.Daniel@myClearwater.com>; Gilliam, Michael <Michael.Gilliam@MyClearwater.com>; Nguyen, LanAnh <Lan Anh.Nguyen@MyClearwater.com>; Brown, Jeremy <jeremy.brown@MyClearwater.com>; Benge, Alyce <alyce.benge@MyClearwater.com> Subject: Re: Sanitary issues Dave, Your emergency request is approved. Bill Clearwater City Manager From: Porter, David Sent: Tuesday, July 31, 2018 4:02:25 PM To: Horne, William Cc: Silverboard, Jill; Gardner, Richard; Daniel, Glenn; Gilliam, Michael; Nguyen, LanAnh; Brown, Jeremy; Benge, Alyce Subject: FW: Sanitary issues Mr. Horne, Per our telephone conversation regarding two sewer line issues that must be repaired as emergencies I hereby submit this request for authorization to complete the necessary repair work. Each of these line issues are described below in Glenn’s attached email message. The first is gravity main joint leak that is creating a void under the roadway that could undermine the road surface if not repaired quickly. RE: Sanitary issues Reply all |PD DavidPorter, Tue 7/31, 4:19 PM Horne, William; Silverboard, Jill; Gardner, Richard; Daniel, Glenn; Gilliam+3 more Label: 10 Year Delete (10 years) Expires: 7/28/2028 4:19 PM Page 1 of 2RE: Sanitary issues 9/26/2018https://outlook.office365.com/owa/?ItemID=AAMkADM4ZDEyMGQ5LWQ3ZTQtNDQ... The second defect (photos attached) we believe may be a force main leaking up through the concrete road surface at the foot of the bridge. This defect could be very difficult to repair due to its location so it could be very costly. We will not know the true scope of the work until it is excavated. The Emergency Repair Contract that we have in place with Rolland Inc. to pay for these types of emergencies does not have sufficient funds to undertake this work. Therefore, at this time I request that you approve that we contract with Rolland Inc. to undertake this work immediately. I estimate that the cost may be $500K or more to complete both projects; therefore I request that you approve the expenditure of $500k at this time. Once we know more I will update you if more funding is required. Thank you, Dave From: Daniel, Glenn Sent: Tuesday, July 31, 2018 3:45 PM To: Porter, David <David.Porter@MyClearwater.com>; Gardner, Richard <Richard.Gardner@MyClearwater.com> Subject: Sanitary issues 1. Court and Lincoln – leaking joint (joint has become offset) in median causing a void. Will need MOT to repair. No official estimates on this, just a guess, could be $50K up to $120K 2. Sand Key bridge at S. Gulfview and Gulf blvd. (Clearwater Beach side) – water coming up at bridge abutment. Sanitary force main in this location. This has the potential to be costly, due to digging at the bridge (sheet piling, Mot, etc.) Worst case could be $500K . We won’t know more until this is excavated. Although there is a reclaimed water line in the vicinity, the leak appears to follow the same flow pattern as a pump turning on and off, which would indicate it’s the force main. Glenn Daniel Water, Reclaim & Wastewater Collections Manager City of Clearwater Public Utilities (727) 5624960 ext: 7249 www.myclearwater.com Page 2 of 2RE: Sanitary issues 9/26/2018https://outlook.office365.com/owa/?ItemID=AAMkADM4ZDEyMGQ5LWQ3ZTQtNDQ... PROJECTLOCATION BAYSIDE DR SGULFVIEWBLVD BAYWAYBLVDHAMDEN DR GULF BLVD CORONADODRDEVON DR BRIGHTWAT ER DR FIFTH ST SECOND ST THIRD ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM LN N.T.S.285 B 17-29s -15 e10/01/2018Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: 2013-14 Sanitary Sewer &Manholes Rehabilitation Project(Contract #14-0025-UT) Path: V:\GIS\Engineering\Location Maps\SanSewer_&_ManholeRehab_14-0025-UT.mxd ^ CLEARWATER PASS CLEARWATER HARBOR Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5253 Agenda Date: 10/18/2018 Status: City Manager ReportVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Nagano 2019 Trip Dates SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5223 Agenda Date: 10/18/2018 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: City Attorney Evaluation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5224 Agenda Date: 10/18/2018 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.2 SUBJECT/RECOMMENDATION: City Manager Evaluation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/17/2018