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01/17/2019Thursday, January 17, 2019 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers - Main Library City Council Meeting Agenda January 17, 2019City 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 Swearing In Councilmember Polglaze 4.2 Island Estates Boat Parade Presentation - Paul Lightfoot 4.3 United Way Presentation - Tracie Hill, VP of Human Resources United Way Suncoast 4.4 Ruth Eckerd Hall Annual Report - Susan Crockett 5. Approval of Minutes 5.1 Approve the December 6, 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 Page 2 City of Clearwater Printed on 1/17/2019 January 17, 2019City Council Meeting 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. 7.1 Approve a Mutual Use Agreement with Tampa Bay Water for the installation of natural gas distribution mains and authorize the appropriate officials to execute same. (consent) 7.2 Approve Tourism Promotion Agreement between the City of Clearwater and Pinellas County for and on behalf of Visit St. Petersburg/Clearwater (VSPC) for Clearwater Sea Blues Festival to be held on February 23 and 24, 2019 and authorize the appropriate officials to execute same. (consent) 7.3 Approve purchase order(s) with Emerald Facility Management of St. Petersburg, Florida for pressure washing and cleaning services of City hardscaping in the total annual amount of $225,000 for one year, with two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) 7.4 Approve award of Invitation to Bid10-19 for the purchase of an MSM3200 ShowMaster portable stage from Century Industries, Sellersburg, Indiana, in the amount of $142,743; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; declare current stage as surplus pursuant to City Code Section 2.621(II) Surplus Sale Authorization, and authorize the appropriate officials to execute same. (consent) 7.5 Approve a proposal by Construction Manager at Risk, Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $798,921 for the construction of four lighted clay tennis courts at the Henry L. McMullen Tennis Complex, 1000 Edenville Ave.; approve a first quarter budget amendment to transfer $67,000 of Penny funds from Joe DiMaggio Sports Complex (315-93655), $74,782 from Countryside Basketball Court (315-93653) and $35,900 from Recreation Facility impact fees (142-343963); and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 1/17/2019 January 17, 2019City Council Meeting Agenda 7.6 Approve a work order from McKim and Creed of Clearwater, FL, in the amount of $2,090,473.00 for the Clearwater Water Supply and Treatment Master Plan (18-0022-UT) and authorize the appropriate officials to execute same. (consent) 7.7 Authorize a purchase order to American Guard Services, of Tampa, Florida, in a not-to-exceed annual amount of $33,250, including two, one-year renewal terms at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 7.8 Award construction contracts for the 2018 Sewer Point Repairs and Improvements project (17-0060-UT) in the amount of $1,400,000 for an initial one-year term with an option for three renewal terms on a unit price basis to the following vendors: EnviroWaste Services Group, Inc. of Miami, FL, Engineered Spray Solutions, LLC of Lakeland, FL, and USSI, LLC of Venice, FL, and authorize the appropriate officials to execute same. (consent) 7.9 Award a construction contract to David Nelson Construction Company of Clearwater, Florida, in the amount of $2,711,948.58 for the Seminole Street Boat Ramp / North Marina District Improvements (16-00020-PL), approve Engineer of Record (EOR) supplemental work order 2 to AECOM in the amount of $34,520 and authorize the appropriate officials to execute same. (consent) 7.10 Accept a Quit Claim Deed from West Coast Inland Navigation District (WCIND) for a section of land lying in the Southeast 1/4 of Section 09, Township 29 South, Range 15 East, Pinellas County, Florida, in the area of the Seminole Street Boat Ramp/North Marina District Improvements Project (Project), as more particularly described in Exhibit A to the Quit Claim Deed. (consent) 7.11 Appoint Gregory Newland as the fifth Trustee to a four-year term ending December 31, 2022 on the Clearwater Firefighters’ Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 7.12 Approve Addendum to License and Services Agreements to Tyler Technologies, Inc. of Yarmouth, ME, for an additional amount not to exceed $443,855.44 for human capital management software licensing and professional services, for a new project total of $2,538,394.44, and authorize the appropriate officials to execute same. (consent) 7.13 Approve a License, Hardware, Maintenance and Services Agreement to E.J. Ward, Inc. of San Antonio, TX, for fuel management software and hardware, GPS hardware and services, and associated professional services in an amount not to exceed $1,285,200.00, in accordance with Code of Ordinances Section 2.564(1)(d) Other Government Bid and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 1/17/2019 January 17, 2019City Council Meeting Agenda 7.14 Approve a License, Maintenance and Software Services Agreement to FASTER, Inc. of Norfolk, VA, for fleet asset and work management software and services in an amount not to exceed $229,432.00, in accordance with Code of Ordinances Section 2.564(1)(d) Other Government Bid and authorize the appropriate officials to execute same. (consent) 7.15 Approve Kokolakis Contracting Change Order 2 in the amount of $57,353.08 and Erickson Consulting Engineers (ECE) Supplemental Work Order 2 in the amount of $21,200.00 for the Clearwater Harbor Marina Wave Attenuator Replacement Project (18-0001-MA) and authorize the appropriate officials to execute same. (consent) 7.16 Award a contract (purchase order) to Tampa Bay Trane, in the amount of $875,000 to replace both chillers at the Main Police Department, per proposal JY-082818-1 & H5-174809-4, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the appropriate officials to execute same. (consent) 7.17 Award a contract (purchase order) to Garland/DBS, Inc., in the amount of $296,067 for gymnasium roof replacement at North Greenwood Recreation Center and authorize the appropriate officials to execute same. (consent) 7.18 Authorize surplus disposition of identified vehicles via auction to the highest bidder, pursuant to City Code Section 2.622, Surplus Personal Property, and authorize the appropriate officials to execute same. (consent) 7.19 Approve a purchase order to Waste Management/Recycle America, L.L.C. (WM/RA) in the amount of $350,000 for the processing of the City’s single stream recycling commodity at the contractor’s facility in Tampa, FL for the 12-month period beginning December 16, 2018 through December 15, 2019 as provided in the city’s Code of Ordinances, Section 2.564(1)(e) Exceptions to Bid (impractical to bid) and authorize the appropriate officials to execute same. (consent) 7.20 Authorize a contract with Consolidated Resource Recovery, Inc., Sarasota, FL, for yard waste debris disposal, in the annual amount of $200,000 for an initial three-year term, with one additional two-year renewal term at the City’s discretion and authorize the appropriate officials to execute same. (consent) 7.21 Amend the 2019 city council meeting schedule to cancel the Monday, July 29 work session. (consent) 7.22 Appoint Denise Sanderson as the Clearwater Representative on the Penny for Pinellas IV Joint Review Committee for a term effective through September 30, 2030. (consent) 7.23 Provide direction to and appoint the Charter Review Committee. Page 5 City of Clearwater Printed on 1/17/2019 January 17, 2019City Council Meeting Agenda 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 changes to the Penny for Pinellas IV project list, as approved for fiscal years 2019/20 - 2029/30, and provide an update on the Philadelphia Phillies agreement. (APH) 8.2 Declare surplus for the purpose of sale, through Invitation to Bid 22-19, property located at 912 Nicholson Street, Lot 7, Block 2, Pine Crest Subdivision, as recorded in Plat Book 1, Page 66 of the Public Records of Pinellas County, Florida, together with the South half of that certain vacated alley adjacent to the North, as recorded in Ordinance 6016-96, O.R. Book 9352, Page 294 of the Public Records of Pinellas County, Florida. (APH) 8.3 Approve the vacation of a portion of a gas line easement as described in Official Records Book 6366, Page 1043, Official Records of Pinellas County, Florida and pass Ordinance 9210-19 on second reading. (VAC2019-01) 8.4 Approve the request from the owner of property addressed as 1911 N Old Coachman Road (Property) to vacate a 3-foot Utility Easement and a portion of a 10-foot utility easement and pass Ordinance 9226-19 on first reading. (VAC2019-02) 8.5 Approve the request from the owner of property addressed as 2517 Deer Run East to vacate a 2-ft. by 60-ft. portion of a platted Drainage and/or Utility Easement lying in Lot 16, Block I, Northwood Estates-Tract F, as recorded in Plat Book 77, Pages 46-47 of the Public Records of Pinellas County, Florida, and pass Ordinance 9227-19 on first reading. (VAC2019-03) 8.6 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 3040 and 3076 Hoyt Avenue and pass Ordinances 9211-19, 9212-19, and 9213-19 on first reading. (ANX2018-10019) Page 6 City of Clearwater Printed on 1/17/2019 January 17, 2019City Council Meeting Agenda 8.7 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 2655 Morningside Drive and 1836 Marilyn Drive and pass Ordinances 9214-19, 9215-19, and 9216-19 on first reading. (ANX2018-10020) 8.8 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 2720 Daniel Street and pass ordinances 9218-19, 9219-19, and 9220-19 on first reading. (ANX2018-11021) 8.9 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 808 Glen Oak Avenue East, 3048 Lake Vista Drive, and 3064 Hoyt Avenue and pass Ordinances 9221-19, 9222-19 and 9223-19 on first reading. (ANX2018-11022) 8.10 Approve amendments to Clearwater Community Development Code, Article 7 - Enforcement Proceedings and Penalties, to revise code enforcement board and special master hearing procedures, fines, and establish a new local civil penalty/citation process for code violations, and pass Ordinance 9228-19 on first reading. (TA2018-10005) 8.11 Provide direction on the proposed Development Agreement between Decade Properties, Inc. (the property owner) and the City of Clearwater, providing for the allocation of 27 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on February 7, 2019 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2018-10002; 850 Bayway Boulevard). 8.12 Approve the proposed first amendment to an existing Development Agreement between NESC, LLC (the property owner) and the City of Clearwater for property located at 443 East Shore Drive, which includes a revision to the number of overnight accommodation units, revision of the notice addresses for the developer, revision of Exhibit B to provide new conceptual site plans and elevations; adopt Resolution 19-01 and authorize the appropriate officials to execute same. (HDA2012-03001A) 9. Second Readings - Public Hearing Page 7 City of Clearwater Printed on 1/17/2019 January 17, 2019City Council Meeting Agenda 9.1 Adopt Ordinance 9217-19 on second reading, amending the Community Development Code by amending Article 3, Division 18, Signs, removing regulations specific to downtown; amending Article 4, Division 10, Sign Permit, adding a reference to Appendix C; amending Appendix C, Downtown Zoning District and Design Standards, Division 7., Sign Standards, establishing new sign standards specific to downtown; amending Article 8, Definitions Related to Signage. 10. City Manager Reports 10.1 Ratify and confirm an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the amount of $197,600, for the period November 24, 2018 through January 18, 2019; approve an increase with Ultimate CNG in the amount of $127,200, for the period January 19, 2019 through March 1, 2019, to provide mobile compressed natural gas services at the Clearwater natural gas filling station and authorize the appropriate officials to execute same. 10.2 Approve a street name change from Damascus Rd. to Dr. Kiran C. Patel Blvd. and adopt Resolution 19-02. 10.3 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break period of March 1, 2019 through April 30, 2019, with the City contributing a lump sum not to exceed $96,394 and authorize the appropriate officials to execute same. 10.4 Approve 2019 State Legislative Priorities. 10.5 Provide direction for the Charter Review Committee. 10.6 Approve a budget increase in project C1909, City Hall Move, of $168,085 for a total of $383,085 to be funded with an allocation of General Fund reserves. (consent) 10.7 Discuss Imagine Clearwater. 11. City Attorney Reports 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 8 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5596 Agenda Date: 1/17/2019 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: Swearing In Councilmember Polglaze SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5562 Agenda Date: 1/17/2019 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: Island Estates Boat Parade Presentation - Paul Lightfoot SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5617 Agenda Date: 1/17/2019 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: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: United Way Presentation - Tracie Hill, VP of Human Resources United Way Suncoast SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5568 Agenda Date: 1/17/2019 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: 4.4 SUBJECT/RECOMMENDATION: Ruth Eckerd Hall Annual Report - Susan Crockett SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/17/2019 1/10/2019 1 Something special is about to happen # 1 in Tampa Bay # 18 in the World •275,000 Guests •374 Events •125 Sell‐outs •Over $13M in Ticket Sales •4,000 Members •Over 250,000 Digital Subscribers 1 2 1/10/2019 2 •140 Events •59 Sell‐outs •65,000 Guests •43 States •26 Countries •Fiscally sound •$90,000 invested in capital assets •Hosted Community Groups & City Events •DCMA Commitment # 1 in Florida # 15 in the World •66 Events •Over 6,000 guests •Student Presentations •Singer/Songwriter Series •Comedy Shows •Pinellas Youth Symphony •Hat Trick Theatre •Class Field Trips •Rehearsals •Community Events 3 4 1/10/2019 3 Served 41,000 students of all ages •81,000 Art Experience Hours •27 Sites including 23 Schools •275 Teachers Served •100 Artists Employed •$90,000 Financial Aid Awarded •Grammy Museum Affiliate •Invited into The John F. Kennedy Center’s “Partners in Education” program with Pinellas County Schools •VP of Education Reid‐Kane Named Florida Arts Education Professional of the Year 6 40,000 Came to Play in the Downtown District 5 6 1/10/2019 4 7,000 enjoyed Santa & his Elves The Atlanta Rhythm Section Skating & Hockey Carriage Rides A Treasure Hunt Cookies & Cocoa Snow The Miracle Magic! Five Nights 15,000 Had a Blast! 7 8 1/10/2019 5 Two Days, 200 Classics and 6,000 Fans Coachman Park Concerts John Fogarty ZZ Top Sammy Hagar Clearwater Jazz Festival Over 10,000 Enjoyed the Sunset *excluding Clearwater Jazz Festival 9 10 1/10/2019 6 Margarete Heye Great Room And Kitchen Renovation 11 12 1/10/2019 7 Murray Theatre Renovation and HVAC System Replacement Six Lane Entry with Reengineered Traffic Flow 13 14 1/10/2019 8 The Kate Tiedemann and Ellen Cotton Cabaret Theatre and The Holt Family Stage State‐of‐the‐Art Final Phase •Experience Enhancements Campus Wide •Technology Upgrades in the Classroom and on Stage •Education Program Expansion •Education Endowment for Sustainability 15 16 1/10/2019 9 Thank You! You Made Something Special Happen! 17 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5529 Agenda Date: 1/17/2019 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the December 6, 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 1/17/2019 City Council Meeting Minutes December 6, 2018 Page 1 City of Clearwater City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, December 6, 2018 6:00 PM Council Chambers City Council Draft City Council Meeting Minutes December 6, 2018 Page 2 City of Clearwater Roll Call Present: 4 - Mayor George N. Cretekos, Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and Councilmember David Allbritton Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy 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 at 6:00 p.m. at City Hall. 2. Invocation – Mayor Cretekos 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 National Human Trafficking Awareness Day Proclamation, January 11, 2019 - U.S. Institute Against Human Trafficking - Micah Washinski, US Institute Against Human Trafficking, Trafficking Free Zone - Pinellas County 4.2 The Arc Tampa Bay Foundation’s Festival of Trees - Madison Hauenstein, Executive Director, and Dan Shouvlin, Board President of The Arc Tampa Bay Foundation Ms. Hauenstein thanked the city and staff for their continued support. 4.3 PSTA TRAC Awards - Bob Lasher, PSTA 4.4 Presentation of 2019 Conservation Partner of the Year Award to the City of Clearwater - Barbara Walker, President of Clearwater Audubon Society Ms. Walker presented the City with the 2019 Conservation Partner Award. Draft City Council Meeting Minutes December 6, 2018 Page 3 City of Clearwater 4.5 Environmental Advisory Board Annual Presentation - Jared Leone, EAB Chair Mr. Leone reviewed accomplishments over the past year, which included a council approved resolution supporting the ocean friendly business initiative. 5. Approval of Minutes 5.1 Approve the November 15, 2018 City Council Meeting Minutes as submitted in written summation by the City Clerk Councilmember Cundiff moved to approve the November 15, 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 Karena Morrison encouraged all to shop at the Market Space for Good in the Creative Suites at Station Square. Kathleen Beckham, Glenna Wentworth, Jana Wiggins and Sheri Heilman encouraged the City to hire a Sustainability/Resiliency Coordinator who can promote efforts to reduce the carbon footprint amongst business owners and residents. Dee Noenau opposed he City obtaining closed captioning services via Granicus. Mike Riordon supported a new City Hall be built soon as possible and suggested building a music venue that was separated from Coachman Park. 7. Consent Agenda – Approved as submitted less Item 7.3. 7.1 Declare as surplus obsolete gas appliances to the needs of the City, authorize disposition through sale to the highest bidder through open market and authorize the appropriate officials to execute same. (consent) 7.2 Award Purchase Orders, in the total annual amount of $1,500,000 for the purchase of diaphragm gas meters, regulators, rotary gas meters, and gas regulators, for the period January 1, 2019 through December 31, 2019, authorize two, one-year extension periods, and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes December 6, 2018 Page 4 City of Clearwater 7.3 Approve the collective bargaining agreement as negotiated between the City of Clearwater and IAFF Local 1158 for Fiscal Years 2018/19, 2019/2020, and 2020/2021 and authorize the appropriate official to execute same. (consent) See below. 7.4 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2018/19 for a new event sponsored by the Downtown Development Board, Cars and Coffee, in the amount of $5,000 for in-kind services and authorize the appropriate officials to execute same. (consent) 7.5 Award a Contract to Astro Turf Corporation (AstroTurf), of Dalton, Georgia for $499,000, to provide and install a synthetic turf practice field at Jack Russell Stadium, pursuant to City Code Section 2.564(1)(b) Other Government Entity Bids and authorize the appropriate officials to execute same. (consent) 7.6 Approve the proposed sculpture collection for Sculpture360: Season IX- Art in the Cleveland Street District and authorize the appropriate officials to execute same. (consent) 7.7 Approve the Religious Community Services, Inc. (RCS) 2019 Agreement renewal for provision of contractual victim advocacy services in an amount not to exceed $15,000 and authorize the appropriate officials to execute same. (consent) 7.8 Approve Construction Manager at Risk (CMR) proposal from Biltmore Construction Company Inc., of Belleair, Florida, in the amount of $1,878,897 for the demolition of the Harborview Center (09-0049-EN) and authorize the appropriate officials to execute same. (consent) 7.9 Approve Engineer of Record (EOR) Supplemental 1 Work Order for Jones Edmunds and Associates, Inc. in the amount of $32,500 for Northeast Water Reclamation Facility (NE WRF) Blend Tank Improvements (14-0036-UT) and authorize the appropriate officials to execute same. (consent) 7.10 Accept a Sidewalk Easement over a portion of Lot 1, Block G, of Avondale Subdivision, conveyed to the City by the Property Owner. (consent) 7.11 Approve construction contract with Lovin Construction, Inc., in the amount of $464,169.20, for the construction of a culvert on Cooper’s Point Channel at Damascus Road and authorize the appropriate officials to execute same. (consent) 7.12 Approve Construction Manager at Risk (CMR) proposal from Biltmore Construction Company Inc., of Belleair, Florida, in the amount of $1,903,854 for the construction of the Draft City Council Meeting Minutes December 6, 2018 Page 5 City of Clearwater Emergency Operations (EOC) Data Center at Fire Station 48 (17-0013-FI) and authorize the appropriate officials to execute same. (consent) 7.13 Approve a reimbursement grant of $50,000 to the U.S. Coast Guard Auxiliary BE SAFE Inc. for parking lot improvements and authorize the appropriate officials to execute same. (consent) 7.14 Elect Councilmember Cundiff to serve as Vice Mayor. (consent) 7.15 Appoint Councilmember Allbritton to Forward Pinellas to fill the remainder of an unexpired term through September 30, 2021 as the Clearwater representative. (consent) 7.16 Request for authority to initiate foreclosure actions on behalf of the City to recover amounts owed on municipal liens imposed against certain real property. (consent) Councilmember Hamilton moved to approve the Consent Agenda as submitted, less Item 7.3, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.3 Approve the collective bargaining agreement as negotiated between the City of Clearwater and IAFF Local 1158 for Fiscal Years 2018/19, 2019/2020, and 2020/2021 and authorize the appropriate official to execute same. (consent) The current collective bargaining agreement between the City of Clearwater and IAFF Local 1158 expired on September 30, 2018. The parties reached a tentative agreement for a new contract which was ratified by the membership. The agreement is a three-year agreement providing for a 3% general wage increase (GWI) for all classifications plus a step pay increase of either 5% or 2.5 % depending on years of service in the first year retroactive to October 1, 2018. It also provides for all pay ranges to be adjusted by 3% in the first year. In the second and third year of the agreement, it provides for a 3% general wage increase plus a step pay increase of either 5% or 2.5 % depending on years of service and a 3% pay range adjustment for all classifications. It also increases standby pay by $10.00/pay period and special teams pay by $5.00/pay period. APPROPRIATION CODE AND AMOUNT: A cumulative value of this agreement over the three-year term is $2,032,636. The cost associated with the implementation of this agreement by fiscal year is anticipated to be approximately as follows: FY 2018/19 $663,905 (This includes $11,060 for increases in standby and special team pay) FY 2019/20 $676,329 (This includes $11,060 for increases in standby and Draft City Council Meeting Minutes December 6, 2018 Page 6 City of Clearwater special team pay) FY 2020/21 $692,402 (This includes $11,060 for increases in standby and special team pay) The FY 2018/19 budget projected a salary increase of $539,900. A first quarter budget amendment will allocate $124,005 of General Fund reserves to fund the unbudgeted portion for the first year. Future budgets will include the contract costs in the proposed budget. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $124,005 to Fire Department personnel codes. Inclusive of this item if approved, a net total of $702,375 of General Fund reserves has been appropriated by Council to fund expenditures in the 2018/19 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $8.9 million, or 6.1% of the current General Fund operating budget. The City Council thanked Human Resources Director Joe Roseto for his efforts and service to the community, which lasted 19 years as Clearwater’s Human Resources Director, and wished him a happy retirement. Councilmember Allbritton moved to approve Item 7.3. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the City of Clearwater’s Fiscal Year 2017-2018 Consolidated Annual Performance and Evaluation Report (CAPER). (APH) The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City’s expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year (FY) 2017-2018, the City’s entitlement allocation was $656,940 in CDBG and $278,435 in HOME program funds, $2,716,521 of Prior Year funds and $784,080 of Program Income for a total budget of $4,435,976 from federal funds. Through the CDBG and HOME program activities, total expenditures were $1,747,240 in FY 2017-2018, which included program income and funding from the prior year reprogrammed funds. Those funds not expended from this year’s Draft City Council Meeting Minutes December 6, 2018 Page 7 City of Clearwater budget will be programmed in future years. In addition to reporting activities carried out with federal money, a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program and Pinellas County Housing Trust Fund (PCHTF) Program is also included in the narrative section. For FY 2017-2018, SHIP fund expenditures totaled $1,940,089 and PCHTF fund expenditures totaled $268,245. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater’s FY 2017-2018 CAPER contains information on the City’s assessment of the following activities: * Assessment of Four-Year Goals and Outcomes * Resources and Investments * Affordable Housing * Homeless and Other Special Needs * Public Housing * Other Actions to Address Barriers to Affordable Housing * Monitoring * CDBG * HOME A list of notable accomplishments utilizing federal, state and local funds for FY 2017-2018 include: * Provided ten down payment & closing cost assistance loans totaling $173,968 * Provided $341,911 for the rehabilitation of ten (10) owner-occupied units * Provided Abilities Inc. of Florida $323,834 for the rehabilitation of five rental-units at St. Andrews Cove * Provided Community Service Foundation $222,148 of funding to purchase seven rental units * Provided $200,840 to Habitat for Humanity of Pinellas County for the acquisition of land and construction of three single-family homes * Provided $275,000 of funding toward the construction of Woodlawn Trail Apartments; an 80-unit rental complex * Provided $75,000 of funding toward the construction of Madison Point Apartments; an 80-unit rental complex * Provided the City of Clearwater Parks and Recreation Department $99,000 for the rehabilitation and upgrading of restrooms at Philip Jones Field * Provided Directions For Living $99,000 for the rehabilitation of their lobby and waiting area * Provided Clearwater Brewing Company $40,000 for a façade loan-to-grant * Provided $60,000 for technical assistance services to be provided by the Hispanic Business Initiative Fund of Florida, Inc. dba Prospera and Tampa Bay Black Business Investment Corporation that assisted 152 entrepreneurs and businesses. Draft City Council Meeting Minutes December 6, 2018 Page 8 City of Clearwater Overall federal, state and local funding assisted 8,821 persons and 36 Households. On November 13, 2018, the Neighborhood and Affordable Housing Advisory Board (NAHAB) recommended the City Council approve the CAPER as written. The CAPER is due to HUD no later than December 31, 2018. Housing Coordinator Kim DuPont provided a PowerPoint presentation. Vice Mayor Cundiff moved to approve the City of Clearwater’s Fiscal Year 2017-2018 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. 8.2 Approve the request from the owner of property addressed 1285 S. Missouri Ave. to vacate a gas line easement located on their property and pass Ordinance 9210-19 on first reading. (VAC2019-01). The property owner has requested the City vacate the 5-ft. gas line easement located on this property as the owner moves forward with developing this site for commercial use. There are no utilities present in this easement. All appropriate city departments have reviewed this request and have no objection to this vacation. Councilmember Hamilton moved to approve the request from the owner of property addressed 1285 S. Missouri Ave. to vacate a gas line easement located on their property. The motion was duly seconded and carried unanimously. Ordinance 9210-19 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9210-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.3 Provide direction on the proposed first amendment to an existing Development Agreement between NESC, LLC (the property owner) and the City of Clearwater for property located at 443 East Shore Drive, which includes a revision to the number of overnight accommodation units, revises the notice addresses for the developer, includes Draft City Council Meeting Minutes December 6, 2018 Page 9 City of Clearwater a revision to Exhibit B to provide new conceptual site plans and elevations, and confirm a second public hearing in City Council Chambers before City Council on January 17, 2019 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2012-03001A) Site Location and History: The 1.26-acre subject property is located at the northeast corner of East Shore Drive and Papaya Street. The site is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and is located within the Marina District of Beach by Design. On June 19, 2012, the Community Development Board approved a project consisting of 134 overnight accommodation units, a 6,500 square foot restaurant, a 50-slip marina, and 15-foot wide boardwalk along the seawall of the property. Subsequently, at its meeting of July 27, 2012, the City Council entered into a Development Agreement with the developer of this project, and as part of this Agreement the Council assigned 71 units from the Hotel Density Reserve to the project to achieve 134 overnight accommodation units. Development Proposal: The developer is proposing to increase the number of overnight accommodation units within the project from 134 to 139 via two separate Transfers of Development Rights of two and three units each. The additional rooms are to be accommodated within previously approved “cabana units,” which were not considered to be rooms for overnight stay, and as such there is no expansion of the building needed to accommodate these new rooms. The development already includes sufficient off-street parking to meet the requirement of the additional rooms. The changes to the Development Agreement are listed below. Development Agreement: ▪ The 7th recital is deleted and replaced to provide for an updated room count; ▪ Section 4.1 is deleted and replaced to provide for an updated room count and density; ▪ Section 13: the addresses for the Developer are deleted and replaced with updated information; and, ▪ Exhibit “B” is deleted and replaced with updated site and building places reflecting the updated room count. Consistency with the Community Development Code (CDC): At its meeting of June 19, 2012, the Community Development Board found the development proposal to be consistent with the applicable provisions of the CDC. No aspect of those provisions is being modified as part of this proposal. Consistency with Beach by Design: At its meeting of June 19, 2012, the Community Development Board found the development proposal to be consistent with the applicable provisions of Beach by Design. No aspect of those provisions is being modified as part of this proposal. Hotel Density Reserve: The project was previously reviewed for compliance with those criteria Draft City Council Meeting Minutes December 6, 2018 Page 10 City of Clearwater established within Beach by Design concerning the allocation of hotel rooms from the Reserve and the project was found to be consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed first amended and restated amendment to the existing Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ▪ Provides for no change in the number of units (71 units) allocated from the Hotel Density Reserve (previously approved as part of DVA2012- 03008/Resolution No. 12-07); ▪ Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; ▪ Requires the developer to obtain building permits within one year of approval of the amended and restated Development Agreement and certificates of occupancy in accordance with CDC Section 4-407; ▪ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ▪ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and, ▪ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to CDC Section 4-606.I., a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of CDC Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of CDC Section 4-406. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. In response to questions, Planning and Development Director Michael Delk said the boardwalk will have a direct connection to the Papaya Street promenade. There have been some minor amendments to the development agreement that improve the architectural look of the building. He said five units will require six parking spaces; there are more than six excess parking spaces in the current development plan. Mr. Delk said he did not recall any restrictions related to outdoor music. Draft City Council Meeting Minutes December 6, 2018 Page 11 City of Clearwater Applicant Representative Brian Aungst reviewed the request and said five units are being added. Originally, the five units were cabana units which were similar to the Hyatt's interior access units that allow for day stays or hourly stays by the pool or lanai area. The cabana units are being eliminated and converted to overnight accommodations units. The density allowed per city code and Beach by Design is 150 units per acre; the additional five units brings the density to 110.32 units per acre. He said the applicant has no objection to including any standard limitations to exterior amplified music that were not part of the original development agreement. In response to questions, Mr. Aungst said in 2009 the City approved 55 boat slips to be developed prior to the hotel, which was incorporated into the development agreement. A portion of the boat slips will be limited to the hotel and a portion will be available for lease; none of the slips will be available for commercial purposes. The exterior amplified music restrictions will be added to the agreement. One individual expressed concerns with the proposed elevations. Councilmember Hamilton moved to confirm a second public hearing in City Council Chambers before City Council on January 17, 2019 at 6:00 p.m., or as soon thereafter as may be heard. The motion was duly seconded and carried unanimously. 8.4 Approve amendments to Appendix C, Downtown Zoning District and Design Standards of the Community Development Code, to establish new sign regulations for the Downtown District and pass Ordinance 9217-19 on first reading. (TA2018-04002) Two major initiatives were approved for Downtown in 2018. One was the update of the Clearwater Downtown Redevelopment Plan and the other was the adoption of a new formed based code zoning code. The goals of these efforts are to create a thriving urban core that has a dense, livable development pattern, quality urban design and a high-quality public realm. Signage can play an important role in defining an area’s brand and attracting customers to an area. Well-designed signs made with quality materials and coordinated with the overall building/storefront design play an important role in creating a vibrant street environment. Signage that is not well thought-out and of low quality design and materials can detract from an area and send a negative message to potential investors and customers. To aid in the creation of a dynamic urban environment as envisioned by the Downtown Plan, new sign regulations are proposed for the Downtown District. At present, all sign requirements are located in Article 3, Division 18 Signs. Draft City Council Meeting Minutes December 6, 2018 Page 12 City of Clearwater Ordinance No. 9217-19 proposes to revise and relocate sign regulations applicable to the Downtown District to Appendix C, Division 7. Below is a summary of the substantive provisions of this ordinance. • Deletes regulations specific to Downtown in Article 3, Division 18, as well as the Clearwater Downtown Redevelopment Plan. Provides new language in their place to direct users to Appendix C, Division 7. • Amends Article 4, Division 10 Sign Permit to ensure signs erected in Downtown are subject to the sign permit requirements. • Provides for definitions of various types of signs • Establishes rationale for sign standards specific to the Downtown District. • Clarifies that certain requirements in Article 3, Division 18 will continue to apply to Downtown including those pertaining to exempt signs, prohibited signs and temporary signs. • Establishes the design principle of a sign hierarchy to guide sign planning involving multiple signs. • Increases amount of building signage allowed. • Increase the area of allowable freestanding signage. • Allows multiple signs to be erected within certain parameters (numbers, design, etc.) • Revises window sign allowances due to increases in the area and number of allowable building signs. • Establishes skyline signs for high-rise buildings. • Provides for higher quality signs and prohibits certain lower quality sign designs/materials based on existing code requirements and former Downtown design guidelines. • Provides standards for the allowable sign type in terms of number of signs allowed per establishment/building or parcel, dimensional requirements and other standards. The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and furthers 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) will review the proposed text amendment at its meeting of November 20, 2018 and staff will report its recommendation at the meeting. Planning and Development Assistant Director Gina Clayton provided a PowerPoint presentation. In response to questions, Ms. Clayton said the regulations were drafted because of Downtown's urban environment, the City's most dense area, and provides lesser setbacks than the US 19 code. The City Manager said he Draft City Council Meeting Minutes December 6, 2018 Page 13 City of Clearwater suspects there will be people who want more flexibility than allowed but Council has emphasized over the years that Downtown should be treated differently. Ms. Clayton said the proposed changes do not address any marquis signage or 3D objects (i.e., merchandise) used as signage. Businesses will be able to have a projecting sign in the shape of a bunny rabbit, for example. Staff is hoping the additional signage area formula will be used creatively. Vice Mayor Cundiff moved to approve amendments to Appendix C, Downtown Zoning District and Design Standards of the Community Development Code, to establish new sign regulations for the Downtown District. The motion was duly seconded and carried unanimously. Ordinance 9217-19 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9217-19 on first reading. The motion was duly seconded. Vice Mayor Cundiff moved to amend Ordinance 9217-19 as follows: On page 3 of Exhibit A, Section C-705.A is amended to read as follows to add a reference to the sign designs and style and sign types subsections: Section C-705. ALLOWABLE SIGN AREA, NUMBER AND TYPES OF SIGNS A) Sign Area and Number of Signs The total maximum sign area and number of allowable signs shall be as determined in Table 5 below. For each cell in the table, there is a maximum allowed sign area that may be utilized with any combination and any number of sign associated with that cell, unless otherwise noted. The measurements for linear feet shall be at grade. Specific requirements for the allowable sign types are set forth in Section C-705.C and D. On page 10 of Exhibit A, Section C-705.D.2.b is amended to read as follows to revise the number of sign limitations to apply to establishments instead of to buildings: 2. Projecting Signs ************ b. Number of Signs: No more than 1 projecting sign per building establishment. Draft City Council Meeting Minutes December 6, 2018 Page 14 City of Clearwater ************ On page 12 of Exhibit A, Figure 49 is amended by removing the Givenchy awning sign example photograph and replacing it with the following photograph: On page 13 of Exhibit A, Section C-705.D.5.d is amended to read as follows to add a reference specifying allowable illumination: 5.Shingle Signs ************ d.Standards 1.A shingle sign shall be located a minimum of 15 feet from a projecting sign or another shingle sign. 2. Shingle signs shall be located below the finished floor level of the second story. 3.Shingle signs may be externally or internally illuminated in accordance with Sections C- 704.D and C-705.C Draft City Council Meeting Minutes December 6, 2018 Page 15 City of Clearwater On page 14 of Exhibit A, Section C-705.D.6.d.2 is amended to read as follows to allow external illumination of under canopy signs: 5.Under Canopy Sign ************ d.Standards 1.Under canopy signs shall be used only at ground floor locations except for upper floor businesses with covered entry porches or balconies 2.Under canopy signs shall not may be externally illuminated. 3.Under canopy signs shall be securely fixed to the underside of the canopy or porch. The motion was duly seconded and carried unanimously. Upon roll call, Ordinance 9217-19, as amended, passed on first reading, as follows: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.5 Continue to January 17, 2019: Provide direction on the proposed Development Agreement between Decade Properties, Inc. (the property owner) and the City of Clearwater, providing for the allocation of 27 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on February 7, 2019 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2018-10002; 850 Bayway Boulevard). Development Proposal: The current proposal is to demolish all structures on the 0.661-acre site and build a single seven-floor hotel with 60 hotel rooms (91 units per acre). The 60 proposed units include 33 units otherwise permitted by the Resort Facilities High Future Land Use classification and an additional 27 units from the Hotel Density Reserve through Beach by Design. The building will be 80 feet (from Base Flood Elevation) to roof. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Draft City Council Meeting Minutes December 6, 2018 Page 16 City of Clearwater The site will be accessed via two driveways with one two-way driveway located at the northeast corner of the property and the second driveway (an ingress-only) located at the northwest corner. The primary entrance and lobby of the building will be located along Bay Esplanade on the second floor. The ground floor and the first four floors of the building will contain all 80 required parking spaces. Please note that the applicant has provided that floor one is the first floor over ground level parking in other words the floors run as ground, 1, 2, 3, 4, 5, 6 and 7. The ground floor includes 27 parking spaces. Floors one through three will include six hotel units as well as 14 parking spaces, each. The fourth floor will also include six units along with 11 parking spaces. Floors five through seven will include 12 hotel units each. A lobby/registration area is located on the ground floor at the northwest corner of the building. A small pool and patio area is provided on the fifth floor on the south side of the building. No additional amenities are proposed. The existing 26-slip dock is proposed to remain with 10 of the slips available only for hotel guests. The remaining 16 slips will be available for lease by the general public. This will result in two uses being established on the property; a hotel and a marina facility. A marina facility is defined in the Community Development Code (Article 8) as a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, chartering, launching, and dry-storage of boats and boating equipment. A marina is defined as any structure constructed on pilings over open water or supported by flotation on the water which provides three or more boat slips for the purpose of sale or lease. The Development Agreement includes specific language to limit the specific activities which may take place on the site ensuring that the “marina facility” component of the site will be compatible with the overnight accommodations component of the site as well as adjacent and surrounding uses. Specifically, activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment be strictly prohibited and that the marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: The subject property is 28,800 square feet in area and approximately 240 feet wide. The proposed lot area and width may be approved as part of a Level One Flexible Standard development (FLS) application, subject to meeting the applicable flexibility criteria of the Community Development Code Minimum Setbacks: The conceptual site plan depicts setbacks to building of 15 feet along the front (south) along Bayway Boulevard, side (east and west) setbacks of 10 feet and a rear (south) setback of five feet (all to building). The proposed setbacks may be approved as part of a Level Two Flexible Development (FLD) application, subject to meeting the applicable flexibility criteria of the Community Draft City Council Meeting Minutes December 6, 2018 Page 17 City of Clearwater Development Code. Maximum Height: The proposal provides for a building 80 feet in height as measured from BFE where a height of up to 100 feet is permitted for overnight accommodations. The proposed height is also permitted by the CDC subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application and as otherwise limited by Beach by Design. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 60-room overnight accommodation use with a 16-slip marina facility requires a minimum of 80 off-street parking spaces with 1.2 spaces per unit (72 spaces) for the hotel component and one space per two slips (eight spaces) for the 16-slip marina facility component. A parking garage component located on the ground and first four levels of the building will provide a minimum of 80 spaces where 80 spaces are required. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along the street frontage as required by Section A.6 of the Old Florida District within Beach by Design. Since no perimeter landscape buffers are otherwise required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Clearwater Pass District No specific development parameters are provided within the Clearwater Pass district section of Beach by Design. Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established Draft City Council Meeting Minutes December 6, 2018 Page 18 City of Clearwater within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ▪ Provides for the allocation of 27 units from the Hotel Density Reserve; ▪ Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ▪ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ▪ Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; ▪ Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development; ▪ Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; ▪ That no hotel room in a hotel allocated units from the Reserve will have a full kitchen; ▪ That a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and ▪ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Draft City Council Meeting Minutes December 6, 2018 Page 19 City of Clearwater No action taken. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9147-18 on second reading, vacating the 50 foot right-of-way of East Avenue, depicted as East Street on Jones Subdivision of Nicholson Addition to Clearwater Plat as recorded in Plat Book 4, Page 82 of the public records of Hillsborough County, Florida, from the southerly right-of-way line of the vacated Hart Street to the Northerly right-of-way line of Jones Street. Ordinance 9147-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9147-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.2 Adopt Ordinance 9207-18 on second reading, annexing certain real properties whose post office addresses are 505 and 806 Moss Avenue and 3059 Grand View Avenue, all within Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. Ordinance 9207-18 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 9207-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.3 Adopt Ordinance 9208-18 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 505 and 806 Moss Avenue and 3059 Grand View Avenue, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9208-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9208-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Draft City Council Meeting Minutes December 6, 2018 Page 20 City of Clearwater Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.4 Adopt Ordinance 9209-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 505 and 806 Moss Avenue and 3059 Grand View Avenue, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9209-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9209-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.5 WITHDRAWN: Adopt Ordinance 9204-18 on second reading, annexing certain real property whose post office address is 2101 North Hercules Avenue, Clearwater, Florida 33763, together with abutting right-of-way of North Hercules Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. No Action taken. 9.6 WITHDRAWN: Adopt Ordinance 9205-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2101 North Hercules Avenue, Clearwater, Florida 33763, upon annexation into the City of Clearwater as Residential Low (RL). No Action taken. 9.7 WITHDRAWN: Adopt Ordinance 9206-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2101 North Hercules Avenue, Clearwater, Florida 33763, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). No Action taken. 10. City Manager Reports 10.1 Approve the First Amendment to Partnership and Support Grant Agreement between the Clearwater Historical Society (CHS) and the City of Clearwater to extend a grant in the amount of $12,000 annually, from November 1, 2018 through September 30, 2022, for Draft City Council Meeting Minutes December 6, 2018 Page 21 City of Clearwater operational expenses associated with the South Ward Elementary School property and authorize the appropriate officials to execute same. On January 19, 2016, the City Council approved a three-year support grant to CHS in the amount of $12,000 annually from February 1, 2016 through October 31, 2018 to provide assistance for the preservation of local history and for the rehabilitation, renovation, maintenance and operation of the South Ward Elementary School property. CHS has successfully fulfilled all the requirements of the three-year support agreement and is requesting an extension of the grant agreement under the same terms and conditions for an additional three years. At the November 13 work session, Council directed staff to extend the grant agreement for an additional three years. This amendment will provide for the extension of the agreement from November 1, 2018 through September 30, 2022 and provide for additional funding of $12,000 per year for a total of $36,000, with the first payment being in October 2019 to coincide with the city fiscal year. The remaining two payments will be in October 2020 and 2021. APPROPRIATION CODE AND AMOUNT: Funds will be requested in the City Council cost code 0109100-581000 (payment to agencies) for fiscal years 2019/20, 2020/21and 2021/22 to fund this agreement. In response to questions, Clearwater Bombers representative Rita Garvey said the Clearwater Bombers will work with the Clearwater Historical Society to ensure space in building 1 is dedicated for the Bombers on a limited basis. Clearwater Historical Society representative Bill Wallace confirmed the Bombers will be provided space at the facility. Vice Mayor Cundiff moved to approve the First Amendment to Partnership and Support Grant Agreement between the Clearwater Historical Society (CHS) and the City of Clearwater to extend a grant in the amount of $12,000 annually, from November 1, 2018 through September 30, 2022, for operational expenses associated with the South Ward Elementary School property and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes December 6, 2018 Page 22 City of Clearwater 10.2 Support the submission of a grant application for the Forward Pinellas Complete Streets Grant Program to develop a complete streets design and concept for the Ft. Harrison Avenue corridor from South Ft. Harrison Avenue at Belleair Road to North Ft. Harrison Avenue at the Pleasant Street merge with Myrtle Avenue, and pass Resolution 18-22. In October 2018, Forward Pinellas issued a call for Complete Streets projects, asking local governments to submit applications requesting funding for concept designs or construction of local complete streets projects, funded through a competitive grant program. Complete Streets are designed, operated, and maintained for all users, regardless of age or ability, based on the context of the street and the surrounding area, and can serve as catalysts for transformative redevelopment and economic development. Staff has prepared a grant application for the Ft. Harrison Avenue corridor from South Ft. Harrison Avenue at Belleair Road to North Ft. Harrison Avenue where it merges with Myrtle Avenue at Pleasant Street. The scope of this Project connects three major destinations, Morton Plant Hospital Campus, Downtown and the future Imagine Clearwater waterfront redevelopment, and the North Marina Area. A significant portion of the project corridor is within the Downtown Clearwater Redevelopment Area. Both Downtown and the Morton Plant area are designated Activity Centers in the city’s Comprehensive Plan. Ft. Harrison Avenue also serves as a significant north-south collector road serving a daily average of 14,862 vehicles on the south segment and 9,800 vehicles on the north segment, according to the Forward Pinellas 2017 Average Annual Daily Traffic (A.A.D.T.) counts. Safe, efficient access to destinations by all travel modes is a key objective of this grant application. This application would continue the momentum of the recent Complete Drew Street project, which was funded by this same complete street grant. In conjunction with the current development of the Citywide Complete Streets Implementation Plan for Clearwater, the grant would provide the additional benefit of utilizing the Implementation Plan’s toolkit of complete streets concept solutions to the various Ft. Harrison Avenue contexts. The City is requesting $50,000.00 of funding, and in consideration of the competitive selection process for determining allocation of available funds, the City is committing to matching $50,000.00 with $25,000 in-kind and $25,000 direct funding. Resolution 18-22 formalizes City Council’s support for the grant application. APPROPRIATION CODE AND AMOUNT: Funds are available in the Planning Department cost code 0101420-530100, Draft City Council Meeting Minutes December 6, 2018 Page 23 City of Clearwater professional services, to fund this agreement. Councilmember Hamilton moved to support the submission of a grant application for the Forward Pinellas Complete Streets Grant Program to develop a complete streets design and concept for the Ft. Harrison Avenue corridor from South Ft. Harrison Avenue at Belleair Road to North Ft. Harrison Avenue at the Pleasant Street merge with Myrtle Avenue. The motion was duly seconded and carried unanimously. Resolution 18-22 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 18-22. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton The Council recessed from 7:56 p.m. to 8:05 p.m. 11. City Attorney Reports – None. 12. Other Council Action 12.1 Appoint an individual to serve as Councilmember, City Council Seat 2, to fill the remainder of an unexpired term through March 2020. On November 19, 2018, Vice Mayor Doreen Caudell submitted a letter of resignation from the City Council effective November 30, 2018. Per city charter, Section 2.07, “a vacancy on the council should be filled by majority of the remaining council members within 30 days after the vacancy. The person so appointed shall serve as council member until the next regular or special election. At such election, a council member shall be elected to serve for the remainder of the unexpired term of office.” The following individuals have expressed an interest in filling this vacancy: Wayne Carothers Lucile Casey Sheila Cole Frank Dame Bill Jonson Draft City Council Meeting Minutes December 6, 2018 Page 24 City of Clearwater Kelly Shannon Kelly Gerry (Gary) Lee Andrew Lorenti Konrad McCree, Jr. Morton Myers Timothy W. Neubert Carlen Petersen Alex Plisko Jay Polglaze Bruce Rector Rebecca Tieder Howard Warshauer The City Attorney said the city charter requires council to appoint a successor for the remainder of the term within 30 days and then provides that the appointment be done within 60 days or the council shall call for a special election. If the appointment is not done by January 30, council will be required to call a special election. The City Clerk said statutes requires the City to obtain consent from the Supervisor of Elections (SOE) to hold the election. She said she has not received a response regarding a potential election date since the City will not be able to make the March 2019 election ballot deadline. The City Clerk said after the SOE establishes a special election date, she will have to comply with the 30-day notice requirement and create a qualifying period. In response to a question, the City Clerk said the estimated cost to hold the special election is $100,000, which includes all advertising, noticing, ballots and petition cards. The City Attorney said council does not have an established process for appointing a successor. She said if a 2-2 votes occurs, the matter automatically continues to the next meeting based on council rules. She suggested councilmembers each nominate an individual and discuss nominees prior to making a motion. Discussion ensued. Mayor Cretekos nominated Carlen Petersen. Vice Mayor Cundiff nominated Bruce Rector. Councilmembers Allbritton and Hamilton nominated Jay Polglaze. Vice Mayor Cundiff moved appoint Carlen Petersen. The motion failed for a lack of second. A concern was expressed that the current council lacks diversity and not representative of the diverse community it serves. Draft City Council Meeting Minutes December 6, 2018 Page 25 City of Clearwater Councilmember Allbritton moved to appoint Jay Polglaze. The motion was duly seconded. Three individuals spoke in opposition, with comments made that the council would not be representative of the community they serve. One individual questioned the process. Discussion ensued with comments made that the best person for job should be selected, that Mr. Polglaze has been involved in Imagine Clearwater. Upon the vote being taken, the motion carried with the following vote: Ayes: 3 - Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Nays: 1 - Mayor Cretekos Councilmember Allbritton moved to reconsider Item 12.1. The motion was duly seconded and failed with the following vote: Nays: 4 - Mayor Cretekos, Vice Mayor Cundiff, Councilmember Hamilton, and Councilmember Allbritton 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Hamilton said he has a love for the City and cares deeply about it. Vice Mayor Cundiff said he appreciated all who submitted their name to fill the vacant council seat. He said he loves Christmas and encouraged all to give their time and talents to different charities. Councilmember Allbritton said picking one person from the list of volunteers for the vacant council seat was one of the hardest things he's done on the dais. He said he believes Council is doing the right thing for the City. He wished all a Merry Christmas and Happy Hanukkah. 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events and expressed concern that the council will be comprised of five men over 60 representing the city. He wished all a Happy Holidays. Draft City Council Meeting Minutes December 6, 2018 Page 26 City of Clearwater 15. Adjourn The meeting adjourned at 8:52 p.m. Mayor City of Clearwater Attest City Clerk Draft Citizen Comment Card Name: \./ 1/f i Nll- Address: f C City: ('.rt' ' y Zip: 331c1.-) Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda?? Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: 64 \\A e (AM, C LirVi Address: 21 FV1l(. e\ PiitAs City C:(CA—( LLJ k4 Zip 3 7cc7 Telephone Number: I i (L [ v ( t Email Address: Speaking under citizens to be heard re items not on the agenda? Agen a items) to which you wish to speak. 1-))1a thaA0 I( ec, pi ital.' What is your position on the item? For \/ Against INDIVIDUAL SPEAKER Citizen Comment Card Name: — ! 5 a — k) Address: %4O 7 56/1 City: c Telephone Number: Email Address: f,, e r o CA.) Zip: 1- 71e 62 r ALO,/47 re ,t,, Speaking under citizens to be heard re items not on the agenda? y4 Agenda item(s) to which you wish to speak: 4 r r 60 0...4 ( Bleu% Cc • Y' re c iS 44 env co vd #416%e444— What is your position on the item? For Against CLEARWATER Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5550 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a Mutual Use Agreement with Tampa Bay Water for the installation of natural gas distribution mains and authorize the appropriate officials to execute same. (consent) SUMMARY: Tampa Bay Water (Grantor) has granted a mutual use agreement through an easement, for the installation of a 4-inch natural gas distribution main. This main extension will serve the Starkey community. Fencepost Drive is located approximately1025 feet West of Gunn Highway on the North Side of State Road 54, adjacent to Monmouth Drive. The mutual use agreement is sufficient for the City to install and maintain its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/17/2019 GM14-2064-048/162011/1 1 TBW Project: Cypress Creek 84” Transmission Main TBW Parcel No.: 4294.72 – Non-Exclusive Perm Pipeline Easement Section 27, Township 26 S, Range 17 East Pasco County, Florida Prepared by and return to: Tampa Bay Water 2575 Enterprise Road Clearwater, Florida 33763-1102 (Reserved for Clerk of Court) MUTUAL USE AGREEMENT THIS MUTUAL USE AGREEMENT entered into this _______ day of _____________, 2019, by and between TAMPA BAY WATER, A Regional Water Supply Authority, an interlocal governmental entity of the State of Florida, hereinafter referred to as "TAMPA BAY WATER," with its principal place of business located at 2575 Enterprise Road, Clearwater, Florida 33763-1102, and CLEARWATER GAS SYSTEM, referred to as “GAS” whose local address is 400 N. Myrtle Avenue, Clearwater, FL 33755 RECITALS: A. TAMPA BAY WATER owns and possesses a Non-Exclusive Permanent Pipeline Easement in and upon that certain real property more particularly described in the Deed as recorded in Official Records Book 3777, Pages 1367 of the public records of Pasco County, Florida ("Tampa Bay Water Easement”). B. TAMPA BAY WATER operates, and maintains its Cypress Creek 84” Transmission Main Replacement and its appurtenances (“Tampa Bay Water Pipeline Facilities”) within the Tampa Bay Water Easement. C. GAS has acquired or will acquire the appropriate rights or interests from the fee simple owner of the property underlying the Tampa Bay Water Easement. GAS desires to use a portion of the Tampa Bay Water Easement in order to design, construct, inspect, operate, maintain, and repair a 4” gas main (“GAS Facility”) for the purpose of providing natural gas to its customers. D. GAS and TAMPA BAY WATER desire to enter into this agreement for the purpose of setting forth the terms and conditions under which GAS and TAMPA BAY WATER will mutually use a portion of the Tampa Bay Water Easement described in Exhibit “A” (the “Use Area”), attached hereto and incorporated herein. GM14-2064-048/162011/1 2 NOW THEREFORE, for and in consideration of the premises and the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. The above recitals are true and are incorporated herein by reference. 2. TAMPA BAY WATER hereby agrees to allow GAS the mutual use of the Use Area for the uses and purposes stated herein. 3. GAS acknowledges and agrees that TAMPA BAY WATER’s use of the Tampa Bay Water Easement for water transmission pipelines and related purposes will not constitute an interference with GAS’s use of the Use Area. 4. Within fifteen (15) days after this Agreement is executed by both parties, GAS will submit to TAMPA BAY WATER, a complete set of the most current construction plans for the GAS Facility within the Use Area. Thereafter, TAMPA BAY WATER shall have forty-five (45) days to review and approve GAS’s construction plans, such approval not to be unreasonably withheld. Also during this 45-day period, TAMPA BAY WATER may make comments to GAS’s construction plans, by directing any such comments to GAS. GAS will use its best efforts to incorporate TAMPA BAY WATER’s comments into the construction plans. 5. GAS acknowledges and agrees that it is using the Use Area “as is” and that TAMPA BAY WATER will not be responsible for preparing, altering, or modifying the Use Area in any manner to accommodate GAS's use. 6. During construction of the GAS Facility, GAS agrees to the following: a. GAS will not interrupt the operation of the Tampa Bay Water Pipeline Facilities, so that the Tampa Bay Water Pipeline Facilities operate as they did prior to the start of the construction of GAS Facility. b. GAS will install the GAS Facility under Tampa Bay Water’s water main, while maintaining a minimum vertical separation of 36-inches, measured from below the outside edge of the Tampa Bay Water water main and the GAS Facility. c. Any temporary roads used for construction traffic crossing the Tampa Bay Water Pipeline Facilities shall be built up a minimum of 3-feet above existing grade. 7. GAS covenants that its use of the Use Area shall not at any time interfere with TAMPA BAY WATER's use of the Tampa Bay Water Easement, and that GAS’s use of the Use Area will not cause the impairment of the Tampa Bay Water Pipeline Facilities or other hazardous conditions to exist. GAS covenants that if it creates a hazardous condition or restricts, impairs, interferes with, or hinders the use of the Tampa Bay Water Easement by TAMPA BAY WATER, then, upon notification by TAMPA BAY WATER, GAS shall, within seventy-two (72) hours, at its cost and expense, correct such condition. TAMPA BAY WATER retains the right to enter upon the Tampa Bay Water Easement for the purpose of correcting such condition GM14-2064-048/162011/1 3 if GAS fails to respond within the seventy-two (72) hour period following notice or if TAMPA BAY WATER determines that an emergency situation exists and requires immediate attention. GAS agrees to reimburse TAMPA BAY WATER for all reasonable, justified and substantiated costs and expenses incurred in connection with such action. 8. During the period in which any construction or site preparation for the GAS Facility is occurring by or on behalf of GAS within the Use Area, GAS shall maintain or arrange to have maintained the following insurance coverage through either self-insurance, purchased insurance, or a combination thereof: a. Workers' Compensation insurance adequate under Florida law for all of GAS's employees working in or about the Tampa Bay Water Easement. GAS shall require all contractors or sub-contractors working in or about the Tampa Bay Water Easement to maintain Workers' Compensation insurance adequate under Florida law for all their employees. b. Automobile liability insurance in the minimum amount of $1,000,000.00 combined single limit, each accident, (bodily injury and property damage) insuring all owned, leased, hired and other non-owned vehicles. c. Comprehensive General Liability Insurance in the minimum amount of $1,000,000.00 combined single limit (bodily injury and property damage) covering premises operations liability, products and completed operations liability, personal injury coverage. d. Employer’s Liability Insurance in the following minimum amounts: $100,000 EACH ACCIDENT EACH EMPLOYEE $100,000 EACH DISEASE EACH EMPLOYEE $500,000 AGGREGATE BY DISEASE e. GAS shall furnish TAMPA BAY WATER with a letter of self-insurance signed by the City’s Risk Manager. Any and all subcontractors performing work for GAS will furnish TAMPA BAY WATER with a Certificate of Insurance certifying that each policy required is in full force and effect. GAS and any and all subcontractors will give TAMPA BAY WATER thirty (30) days advance written notice by certified mail before canceling or changing the coverage of the required coverages under this Agreement. The failure of TAMPA BAY WATER to request evidence of the coverage set forth above shall not be construed by GAS as a waiver of GAS’s obligation to provide the insurance coverage specified. The parties shall fully cooperate in making claims and furnishing information to the insured or the insurers and in obtaining settlements and payments from the insurer or insurers. Neither GAS nor its contractors shall claim an interest in any insurance settlement arising out of GM14-2064-048/162011/1 4 any loss with respect to the Tampa Bay Water Pipeline Facilities where TAMPA BAY WATER is named as the sole beneficiary. GAS and its contractors shall execute any and all documents required by TAMPA BAY WATER or its insurer that may be necessary for use in connection with the settlement of any such claims. GAS shall not conduct or allow any hazardous activity on the Tampa Bay Water Easement that brings about a risk of bodily injury (including death) or property damage (including damage to or destruction of the property) that would be excluded from the coverage of the insurance that GAS is obligated to maintain. 9. After construction and after the GAS Facility is installed, GAS agrees to the following: a. GAS shall clearly and permanently mark the location of the GAS Facility in the Use Area and TAMPA BAY WATER shall clearly and permanently mark the location of the Tampa Bay Water Pipeline Facilities in the Use Area. b. Thereafter, should either party or its contractors negligently or intentionally damage the facilities of the other party, the injured party shall be reimbursed for all reasonable costs and expenses it incurs in connection with repairing any such damage. c. GAS shall be responsible and shall reimburse TAMPA BAY WATER for all reasonable costs and expenses it incurs in connection with additional construction costs due to the GAS Facility located within the Use Area. GAS shall reimburse TAMPA BAY WATER all said costs and expenses within 30 days. 10. To the extent permitted by Section 768.28, Florida Statutes and without waiving its sovereign immunity, GAS shall protect, defend, indemnify and hold TAMPA BAY WATER and its officers, employees and agents harmless from and against any and all liabilities, claims, losses, negligent act, error, or omission by the GAS, its subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement. The GAS's obligation to indemnify TAMPA BAY WATER pursuant to this Section 10 is limited by the GAS's right to sovereign immunity, which right is expressly not waived by the GAS, and to the indemnification limitations provided in section 768.28, Florida Statutes. 11. Seven (7) days prior to commencement of construction, GAS or its contractor shall contact the Tampa Bay Water Facilities Maintenance Department for the purpose of coordinating with and advising TAMPA BAY WATER of GAS’s construction schedule. 12. The occurrence of one (1) or more of the following acts shall be deemed to constitute an event of default: GAS or TAMPA BAY WATER fail to perform and comply with any obligation, responsibility or liability imposed upon TAMPA BAY WATER or GAS by this Agreement and such failure continues for more than thirty (30) days after the non- defaulting party gives the defaulting party written notice thereof, or the defaulting party fails to commence all reasonable curative action within thirty (30) days after notice thereof and fails to diligently and continuously prosecute the curative action to completion; GM14-2064-048/162011/1 5 If a default occurs and the defaulting party fails to cure such default in accordance with this Agreement, the non-defaulting party may, without further notice immediately or at any time thereafter, correct the default, in which event the defaulting party shall immediately reimburse the non-defaulting party for any and all costs incurred by the non-defaulting party in curing the default. 13. GAS's interest in the Use Area shall not be subject to liens for improvements made by, to or upon the Use Area, and any such liability is expressly prohibited as contemplated by Section 713.10, Florida Statutes. If any mechanic's lien is placed or any claim is filed against or permitted to be done by either party, such party shall cause the same to be removed within one hundred twenty (120) days of recording, and shall hold the other party harmless from any adverse effect thereof. 14. All notices, communications, and consents required or permitted by this Agreement shall be in writing and delivered by hand or transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt and addressed to the attention of the following: If to GAS: Jacinta Garcia Corcoba Drafting & Design Coordinator 400 N. Myrtle Avenue Clearwater, FL 33755 With a copy to: City Attorney 112 S. Osceola Ave. Clearwater, FL 33756-5103 If to TAMPA BAY WATER: Matt Jordan General Manager 2575 Enterprise Road, Clearwater, Florida 33763-1102 With a copy to: Jonathan M. Kennedy Engineering Manager 2575 Enterprise Road, Clearwater, Florida 33763-1102 GM14-2064-048/162011/1 6 15. This Agreement shall be binding upon the successors and assigns of the parties hereto (subject to the restriction governing assignment contained in the paragraph 16). 16. Neither party shall assign its rights under this Agreement without prior written approval of the other party. 17. This Agreement may only be amended in writing, duly executed by the authorized representatives of the parties hereto. 18. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. 19. This Agreement represents the entire agreement between the parties hereto, with respect to the subject matter contained herein, and supersedes all prior negotiations, understandings, representations or agreements, either written or oral. 20. If any one or more of the provisions of this Agreement should be held contrary to law, public policy, or should for any reason whatsoever be held invalid or unenforceable by court of competent jurisdiction, then such provision or provisions shall be null and void and shall be deemed separate from the remaining provisions of this Agreement, which remaining provisions shall continue in full force and effect if the rights and the obligations of the parties contained herein are not materially prejudiced and the intentions of the parties continue to be effective. 21. Any term, condition, covenant or obligation which requires performance by either party subsequent to termination of this Agreement shall remain enforceable against such party subsequent to such termination. 22. GAS agrees that at such time as the GAS Facility is removed from the Use Area, the rights granted herein shall be automatically extinguished. GAS agrees to execute whatever documents are necessary for the purpose of clearing title to the Tampa Bay Water Easement at issue in this Agreement. 23. The remedies set forth in this Agreement are cumulative and not in limitation of any remedies available at law or in equity. GM14-2064-048/162011/1 7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date of execution written above. COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA ____________________________ _____________________________ George N. Cretekos, Mayor William B. Horne II, City Manager APPROVED AS TO FORM: ATTEST: ____________________________ _____________________________ Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk STATE OF FLORIDA COUNTY OF ______________________ The foregoing instrument was acknowledged before me this _________ day of _________, 2019, By_________________________. That he/she is personally known to me or has produced _________________________ as identification and has/has not taken an oath. By: ______________________________ Notary Public My Commission Expires: ________________ Print Name:_____________________ GM14-2064-048/162011/1 8 WITNESS: TAMPA BAY WATER, A REGIONAL WATER SUPPLY AUTHORITY By: Signature Matt Jordan Its: General Manager Print Name Date: Signature (SEAL) Print Name APPROVED AS TO FORM: Barrie S. Buenaventura, General Counsel STATE OF FLORIDA COUNTY OF PASCO The foregoing instrument was acknowledged before me this _________ day of _________, 2019, By_________________________. That he/she is personally known to me or has produced _________________________ as identification and has/has not taken an oath. By: ____________________________________ (Seal) Notary Public, State of Florida Print Name: _____________________________ My Commission Expires: __________________ Tampa Bay Water Parcel: 4294.71B(O.R. 9108, Pg. 584 thru Pg. 597)Tampa Bay Water Parcel: 4294.71A(O.R. 9108, Pg. 584 thru Pg. 597) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5535 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve Tourism Promotion Agreement between the City of Clearwater and Pinellas County for and on behalf of Visit St. Petersburg/Clearwater (VSPC) for Clearwater Sea Blues Festival to be held on February 23 and 24, 2019 and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 3, 2018, City Council approved the annual co-sponsorship list and funding for Fiscal Year 2018/19 for budget purposes. Included in that list was the annual Sea Blues Festival that is scheduled for February 23 and 24, 2019. This year marks the 14th year of the Sea Blues Festival, a free community event held in Coachman Park. This event brings in visitors and guests from across the country to participate in this festival. Due to this history and success of this event, not only as an event for locals but as a tourist attraction, the VSPC has offered to sponsor the event by committing $55,000 in cash and $26,712 of in-kind services. Due to the provision of indemnity in the agreement, city legal staff recommended that it come to City Council for approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/17/2019 TOURISM PROMOTION AGREEMENT Clearwater Sea-Blues Festival THIS AGREEMENT is made and entered into as of the ______ day of ________________________, 20___ (“Effective Date”), by and between Pinellas County, a political subdivision of the State of Florida (“County”), for and on behalf of Visit St. Petersburg/Clearwater (“VSPC”), and the City of Clearwater, a municipality (“Event Organizer”) (collectively, the “Parties,” or individually, a “Party”). WITNESSETH: WHEREAS, in accordance with Section 118-32, Pinellas County Code, and Section 125.0104(5)(a)2., Florida Statutes, VSPC is responsible for promoting tourism in Pinellas County, including funding activities, services, and events that have as one of its main purposes the attraction of tourists; and WHEREAS, the County, on behalf of VSPC, agrees to provide Tourist Development Tax funding for the Clearwater Sea-Blues Festival to be held February 22-24, 2019 (“Event”), organized and operated by the Event Organizer to promote Pinellas County tourism as described in the promotion program as defined herein. NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein contained, the Parties agree as follows: 1. The term of this Agreement shall commence on the Effective Date and shall remain in full force and effect through August 24, 2019, unless otherwise terminated as provided herein. 2. The County agrees to pay to the Event Organizer the total sum of Fifty-Five Thousand Dollars ($55,000.00) (“Sponsorship Fee”) as an Event sponsor, to promote and market Pinellas County tourism in connection with the Event as defined in the promotion program described in Exhibit A attached hereto and made a part hereof (“Promotion Program”). The County shall pay the Sponsorship Fee in accordance with the following: A. The Sponsorship Fee shall be due and payable within forty-five (45) calendar days of Event completion, upon Event Organizer submitting an invoice with all documentation required in Section 2G at the address set out in Section 4. B. Payment shall be made by the County to the Event Organizer in accordance with §218.70 et seq., Florida Statutes, “The Local Government Prompt Payment Act.” C. In the event the Event Organizer: (i) cancels the Event or does not conduct the Event; or (ii) is not in compliance with the terms and conditions of the Agreement; or (iii) is dissolved, or ceases or suspends its operations for any reason, then any sums not paid or disbursed to the Event Organizer are hereby deobligated, and shall not be paid unless this Agreement is Page 1 of 5 _________ Initials amended in writing by mutual agreement of the Parties expressly authorizing payment of the Sponsorship Fee on the revised terms as provided in said amendment. D. The Event Organizer shall repay the County for all illegal or unlawful expenditures of the Sponsorship Fee, or for expenditures made by The Event Organizer in breach of any covenant, term or condition of this Agreement, including illegal, unlawful, and/or unauthorized expenditures discovered after the expiration of the term. E. The Event Organizer shall provide immediate written notice to VSPC if the Event is cancelled, rescheduled, or the scope of the Event is substantially changed from the Event as described in Event Organizer’s funding request. F. The Event Organizer may amend or revise the Promotion Program only with the prior written consent from the Director of VSPC, or his designee. G. The Event Organizer shall provide a written final report to VSPC within forty-five (45) calendar days of Event completion, which at a minimum shall include documentation establishing that the Event Organizer provided the promotional benefits described in the Promotion Program, shall specify attendance at the Event and room nights generated by the Event in Pinellas County, the methodology used for computing the room nights which methodology must be documentable, supportable, and calculated in compliance with tourism market and research analysis industry standards, and such other information as required by VSPC. Failure to submit the report as required shall disqualify the Event Organizer from being eligible for funding in future years. 3. A. The Event Organizer shall organize, manage, operate and/or conduct the programs, activities, and events, and be solely responsible for all costs and expenses related to the Event. B. The Event Organizer represents and warrants that it has substantial experience and skill in the business of organizing and promoting the Event and agrees to use its best efforts to organize, manage, operate and conduct the Event in a professional manner, calculated to create a quality, pleasant, enjoyable experience for all participants. 4. Each Party hereby designates the person set forth below as its respective contact person. The person designated herein shall be each Party’s prime contact person for coordinating Promotion Program related activities. Notices or reports shall be sent to the attention of each Party’s contact person by U.S. mail, postage prepaid, or email to the Parties’ addresses as set forth below: For the County: Craig Campbell Senior Event Productions Manager Visit St. Petersburg/Clearwater 8200 Bryan Dairy Rd., Suite 200 Largo, FL 33777 Craig@VisitSPC.com For the Event Organizer: Kris Koch Special Events Manager City of Clearwater 706 N. Missouri Ave. Clearwater, FL 33755 Kris.Koch@myclearwater.com Page 2 of 5 _________ Initials Any changes to the above representatives or addresses must be provided to the other Party in writing. 5. A. The County reserves the right to terminate this Agreement, without cause, by giving thirty (30) days advance written notice to the Event Organizer of its election to terminate pursuant to this provision. B. The failure of either Party to comply with any material provisions of this Agreement shall be considered in breach thereof, and shall be cause for immediate termination of the Agreement upon written notice to the defaulting Party. C. The funds to be used for this Agreement are subject to periodic appropriation of funds by the County. Further, obligations under this Agreement are contingent upon the availability of funds. If funds are not appropriated by the County for any or all of this Agreement, the County shall not be obligated to pay for any promotion benefits provided pursuant to this Agreement beyond the portion for which funds are appropriated. The County agrees to promptly notify the Event Organizer in writing of such failure of appropriation, and upon such notice, this Agreement shall terminate without penalty to the County. 6. A. The Event Organizer shall, upon request, permit the County to examine or audit all records and documents related to the Promotion Program provided for in this Agreement. Event Organizer shall maintain all such records and documents, including but not limited to, all documents in support of the Event Organizer’s funding application and post event reporting, in accordance with the Retention Schedule as put forth by the Florida Department of State. B. The County through VSPC or VSPC’s vendor, has the right to perform on-site surveys during the Event for the purposes of substantiating/verifying Event Organizer’s final report and for collecting other information pertinent to the destination. 7. A. Neither the County nor the Event Organizer shall make any express or implied agreements, guaranties or representations, or incur any debt, in the name of or on behalf of the other Party. Neither the County nor the Event Organizer shall be obligated by or have any liability under any agreements or representations made by the other that are not expressly authorized hereunder. The County shall have no liability or obligation for any damages to any person or property directly or indirectly arising out of the operation by the Event Organizer of its business, whether caused by the Event Organizer’s negligence or willful action or failure to act. B. The County will have no liability for any sales, service, value added, use, excise, gross receipts, property, workers’ compensation, unemployment compensation, withholding or other taxes, whether levied upon the Event Organizer or the Event Organizer’s assets, or upon the County in connection with services performed or business conducted by the Event Organizer. Payment of all such taxes and liabilities shall be the responsibility of the Event Organizer. Page 3 of 5 _________ Initials C. To the extent provided by law and without waiving sovereign immunity, the Event Organizer shall indemnify, pay the cost of defense, including attorney’s fees, and hold harmless the County, its officers, employees and agents from all damages, suits, actions or claims, including reasonable attorney’s fees incurred by the County, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, or in any way relating to or arising from the Agreement; or on account of any act or omission, neglect or misconduct of the Event Organizer; or by, or on account of, any claim or amounts recovered under the Workers’ Compensation Law or of any other laws, regulations, ordinance, order or decree; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon; except only such injury or damage as shall have been occasioned by the sole negligence of the County. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity by the Event Organizer or an extension of the Event Organizer’s liability beyond the scope, provisions, or limits set forth in Section 768.28, Florida Statutes. 8. A. The Event Organizer shall comply with all applicable federal, state and local laws, rules, regulations and guidelines, relative to performance under this Agreement. B. Neither Party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other Party. C. Nothing in this Agreement shall be construed to benefit any person or entity not a Party to this Agreement. D. In carrying out this Agreement, The Event Organizer shall not exclude from participation in, deny benefits to, or otherwise discriminate against, any person because of race, color, religion, sex, national origin, family status or handicap. E. This Agreement constitutes the entire agreement between the Parties and supersedes any and all prior agreements, communications, or representations, whether oral or written, with respect thereto. F. No alteration, change, modification, amendment or waiver to or of this Agreement shall be valid or binding unless in writing and signed by both Parties hereto. G. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the County and any contractor, subcontractor or supplier of the Event Organizer, and at all times the Event Organizer is and shall remain an independent contractor and not an agent of the County or VSPC. H. Sections 2.D., 6.A., and 7.A., B. and C. shall survive the expiration of the term or termination of this Agreement. I. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance. Page 4 of 5 _________ Initials J. This Agreement shall be construed, interpreted, and governed by the laws of the State of Florida. 9. Event Organizer acknowledges that information and data it manages as part of the services may be public records in accordance with Chapter 119, Florida Statutes and Pinellas County Public Records Policies. Event Organizer agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, and retain public records in accordance with applicable laws, regulations, including but not limited to Section 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement relating to compensation, the Event Organizer agrees to charge the County, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes and County policy for locating and producing public records during the term of this Agreement. 10. By signing this Agreement as provided below, Signer attests to all of the following: A. Signer has the legal authority to enter into the Agreement on behalf of the Applicant organization; B. Signer is not deriving any direct or indirect benefit or bonus, monetary or otherwise, from the Applicant organization or any other party, including signer’s employer, as a result of this grant award; and C. Signer is not aware of any other third party deriving any direct or indirect benefit or bonus, monetary or otherwise, from the Applicant organization or any other party as a result of this grant award. IN WITNESS WHEREOF, the Parties herein have executed this Agreement on the day and year first above written. PINELLAS COUNTY, FLORIDA by and through its County Administrator ___________________________________ Barry A. Burton CITY OF CLEARWATER ________________________________ Kris Koch, Special Events Manager Page 5 of 5 _________ Initials Pinellas County TDC Elite Event Funding FY 18-19 Benefits & Deliverables Exhibit A Event Name: Clearwater Seafood & Blues Festival (“Event”) Event Dates: February 22-24, 2019 Funding Amount: $55,000.00 VIK Contribution: $26,712.00 Total Contribution: $81,712.00 I. VSPC will receive, in exchange for its financial support, the following benefits at no additional charge, except as noted: A. Official Designation Status i. VSPC to be designated as exclusive Presenting Sponsor of the Event: “Clearwater Sea-Blues Festival Presented by Visit St. Pete Clearwater”. B. Marketing & Advertising Benefits i. Use of VSPC Logo (Logo provided by VSPC): VSPC logo inclusion in all Event marketing and advertising materials, including all print, billboard and TV advertising. VSPC logo will be incorporated into the Event logo. ii. Broadcast: VSPC to be mentioned in all TV and Radio ads produced for the Event. C. Digital & Media Benefits i. Official Event Website: VSPC logo, link, and recognition of sponsorship will be prominent on all Event website pages, along with special recognition in a sponsor page, and on the City of Clearwater website. ii. Social Media: VSPC to be prominently featured on Event Facebook page. Cover picture includes presenting sponsorship designation. Several posts thanking VSPC for its support will be made pre-Event, during the Event, and post-Event. VSPC Facebook posts will be shared as an additional benefit. The City of Clearwater Facebook page will also promote the Event and list VSPC as a presenting sponsor. iii. Other: VSPC logo inclusion in Tampa Bay Times digital ads, Creative Loafing digital ads, Suncoast Blues Society, Event newsletters to user database, and press release recognizing VSPC sponsorship with lineup announcement. D. Event Onsite Benefits i. Display/Activation Space: a. One (1) 20’ x 30’ exhibit area including VSPC-branded van in a prominent location in Coachman Park. Location to be mutually determined. b. VSPC has option for one (1) 15’ x 20’ exhibit area at the “Blues Walk” event on Friday, February 22, 2019. c. VSPC has option for one (1) 10’ x 10’ exhibit area during the Event to promote its Gulp Coast campaign. Location to be mutually determined. ii. Event Advertising (Content provided by VSPC): A-1 _________ Initials a. Signage: Up to 10 banners and 10 feather flags to be placed throughout the Event. Installation, removal and return performed by Event at no cost to VSPC. b. Video Board Commercials: 15 units per day to consist of a mixture of :30 to :60 spots provided by VSPC. c. Logo Placement: VSPC logo featured on all side stage banners, all in-park directional signage, and stage mast banner. Signage artwork to be approved by VSPC. iii. Event to provide water, ice, power (requirements TBD) and temporary storage if requested by VSPC and at no cost to VSPC. iv. Event to provide the following to VSPC working staff, which includes but is not limited to brand ambassadors, street teams, media and photographers, if requested by VSPC and at no cost to VSPC. VSPC to provide final needs one week prior to Event. a. Worker passes/credentials with appropriate access (Photo Pit Pass access for VSPC media and photographers) b. Parking passes c. Meals under the Event’s volunteer program E. Additional Benefits i. Tickets and Credentials for VSPC invited clients and promotional use: a. Twenty (20) VIP hospitality passes per day b. Ten (10) parking passes per day ii. Event to coordinate inclusion of VSPC in PSA’s at all other City of Clearwater- produced events taking place at Coachman Park between January 1, 2019 and December 31, 2019. Script to be provided by VSPC. II. VSPC will provide the following marketing and digital spends on behalf of Event: A. Marketing & Advertising: i. VSPC will spend $8,000.00 for a targeted campaign with Pandora in the 8 weeks leading into and promoting the Event. B. Digital & Media: i. VSPC will spend $2,000.00 in a digital campaign, including SEM (search engine marketing) across Bing/Google and social media across Facebook, Instagram and Twitter leading into and promoting the Event. ii. VSPC will provide a website pixel for Event to implement onto its website (myclearwaterevents.com). The pixel will allow for improved digital retargeting and provide the event and VSPC robust visitor data, including bookings, visitor demographics and other pertinent booking information. Estimated $5,000.00 value. iii. VSPC will provide an onsite survey team to collect tourism-related data and information during the Event. VSPC to develop the questionnaire and pay the cost for hiring and training staff as well as any promotional items used to incent participation. Event to provide space and power, if needed, upon request by VSPC and at no charge to VSPC. Estimated $9,500.00 value. A-2 _________ Initials iv. A portion of the tickets provided will be leveraged across VSPC’s social media channels for giveaways bringing added free exposure for the event. C. Event Marketing: i. Upon receipt of materials, VSPC will distribute Event collateral at other local VSPC- supported events leading into and promoting the Event. ii. VSPC will produce co-branded Welcome Bags to be provided to all Event VIP, Front Row and Reserved Seating ticket purchasers. VSPC to contribute sunscreen and destination materials to the Welcome Bags. Event to assemble Welcome Bags and coordinate distribution to attendees at no cost to VSPC. $2,212.00 value. A-3 _________ Initials Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5542 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve purchase order(s) with Emerald Facility Management of St. Petersburg, Florida for pressure washing and cleaning services of City hardscaping in the total annual amount of $225,000 for one year, with two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid 08-19 for Pressure Washing Services was issued in October 2018. In order to keep up with the maintenance of all the hardscaping in the City, pressure washing services are required. Fifteen responses were received and evaluated. The apparent low bid from Emerald Facility Management is significantly lower than the other bids. Staff contacted Emerald’s references and responses were very good. A meeting was held with the vendor to address concerns regarding their bid, particularly in regard to the two line-items of their bid (of 140+ line items). Upon discussion it was determined that Emerald misinterpreted the details of Pier 60 and Papaya Street Plaza’s cleanings. However, Emerald will stand by its original bid. This contract will provide pressure washing services throughout the City, most notably at all high tourism areas, the Downtown District, parks, and ballfields. Staff is requesting award authorization to Emerald Facility Management for Parks and Recreation’s annual pressure washing services in the amount of $175,000 and an additional non-designated amount of $50,000 for the miscellaneous needs of other city departments. APPROPRIATION CODE AND AMOUNT: Funding for these contracts will come from a variety of general fund cost centers but primarily from the beach team, downtown team, trades worker team, athletics team, and any other using departments’ Contractual Services budget. Page 1 City of Clearwater Printed on 1/17/2019 CITY OF CLEARWATER ITB # 08-19, Pressure Washing Services DUE DATE: December 4, 2018; 10:00 AM BID TABULATION TOTAL BID PRICE GROUP #1862 TOTAL BID PRICE GROUP #1863 TOTAL BID PRICE GROUP #1864 TOTAL BID PRICE GROUP #1867 TOTAL BID PRICE GROUP #1880 Group Totals Price per Square Foot A Tampa Bay Pressure Washing 84,760.00$ 27,280.00$ 58,920.00$ 11,800.00$ 18,800.00$ 201,560.00$ 0.10$ CBM Servies Group, Inc 69,250.00$ 17,200.00$ 36,300.00$ 7,700.00$ 9,550.00$ 140,000.00$ 0.06$ C&C Total Impression, LLC 94,619.48$ 25,686.82$ 47,553.78$ 9,446.42$ 16,297.96$ 193,604.46$ 0.06$ Chi-Ada Corporation 59,613.40$ 12,446.24$ 25,624.00$ 7,395.35$ 14,318.31$ 119,397.30$ 0.07$ Complete Lawn & Home Care, LLC 92,428.18$ 23,278.12$ 34,138.36$ 8,571.85$ 15,553.47$ 173,969.98$ 0.08$ DPI Pressure Washing, LLC 105,424.40$ 18,686.82$ 51,735.41$ 8,946.42$ 12,908.18$ 197,701.23$ 0.06$ Emerald Facility Management 23,555.00$ 9,809.00$ 21,340.00$ 4,313.00$ 7,337.00$ 66,354.00$ 0.075$ Fleetwash, Inc 102,673.66$ 20,271.55$ 32,639.48$ 13,890.64$ 17,054.96$ 186,530.29$ 0.075$ Gladiator Pressure Cleaning, Inc 75,900.00$ 15,500.00$ 36,225.00$ 7,885.00$ 12,565.00$ 148,075.00$ 0.08$ Jet Set Company 27,700.00$ 27,700.00$ 27,700.00$ 27,700.00$ 27,700.00$ 138,500.00$ 0.28$ Krystal Klean 118,748.00$ 15,677.70$ 35,891.62$ 7,186.87$ 17,107.01$ 194,611.20$ 0.08$ Ms. Twister Maid Service 105,073.00$ 17,924.00$ 35,141.00$ 6,979.00$ 10,398.00$ 175,515.00$ 0.042$ Protectoil, LLC 107,090.80$ 38,238.30$ 77,336.30$ 15,410.70$ 23,095.00$ 261,171.10$ 0.10$ Santana Pressure Cleaning Services 57,012.24$ 9,343.41$ 22,300.89$ 4,473.21$ 11,528.48$ 104,658.23$ 0.03$ Sunshine Cleaning Systems, Inc 80,709.08$ 9,961.42$ 22,640.89$ 4,523.21$ 9,822.32$ 127,656.92$ 0.04$ NOTE: Items with a star ( ) indicates intent to award. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5525 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve award of Invitation to Bid10-19 for the purchase of an MSM3200 ShowMaster portable stage from Century Industries, Sellersburg, Indiana, in the amount of $142,743; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; declare current stage as surplus pursuant to City Code Section 2.621(II) Surplus Sale Authorization, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Council approved the Fiscal Year 17/18 Vehicle Replacement List on October 5, 2017, which included a capital project to replace Events’ portable trailer stage. The current stage has been used throughout the city for nearly twenty years for numerous events including ribbon cuttings, public gatherings, speeches, special holiday events, concerts, etc. A new stage was not purchased in Fiscal Year 17/18 and the stage request was not carried forward to the current Vehicle Replacement List for Fiscal Year 18/19, approved by Council on October 4, 2018. Bid 10-19 was issued by the purchasing department on November 16, 2018. One bid was received from Century Industries for the 3000 Series ShowMaster MSM3200 mobile stage. Staff is recommending the purchase of the stage from Century Industries. The current stage is also a ShowMaster from Century Industries and it has met the City’s needs over the past two decades. The new ShowMaster is much improved and allows personnel to quickly set-up and tear down the stage so that roads can be opened sooner, and event venues can be cleared out quickly. Also, the new trailer stage includes an enclosed generator to power lights, PA system, hydraulic leveling/support system, extension sections to make stage larger, decorative stage skirts and built in handicapped ADA lift. This request includes authorization to surplus the existing stage when the new stage is delivered in late spring 2019. The surplused stage will be sent to Tampa Machinery Auction for disposition by public auction. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 93668, Showmaster Portable Stage, to fund this purchase. Page 1 City of Clearwater Printed on 1/17/2019 CITY OF CLEARWATER ITB #10-19, Mobile Stage DUE DATE: December 13, 2018; 10:00 AM BID TABULATION Vendor Description Total Cost including accessories Century Industries, LLC Mobile Stage $141,243 Optional training for an additional $1500 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5532 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk, Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $798,921 for the construction of four lighted clay tennis courts at the Henry L. McMullen Tennis Complex, 1000 Edenville Ave.; approve a first quarter budget amendment to transfer $67,000 of Penny funds from Joe DiMaggio Sports Complex (315-93655), $74,782 from Countryside Basketball Court (315-93653) and $35,900 from Recreation Facility impact fees (142-343963); 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. A capital improvement project to construct four new clay tennis courts at McMullen was first budgeted in Fiscal Year 2008/09 Budget. The project was delayed due to not receiving a grant to fund the project. Since then additional funds have been allocated to the project from Penny III funds as well as a $100,000 grant from the Florida Recreation Development Assistance Program (FRDAP). This contract will include the site work, storm water improvements, installation of four new clay courts, lighting, and other court amenities. This is a 90-day contract so construction will be completed prior to April 30, 2019. The delay in getting this project started and increased construction costs have created an issue whereby additional funds are needed. The project currently has a balance of $653,405. A transfer of funds from the following various sources are being requested. 93655 - Joe DiMaggio Sports Complex $67,000 93653 - Countryside Basketball Court $74,782 142-343963 - Recreation Facility Impact Fees $35,900 Total requested to be transferred $177,682 APPROPRIATION CODE AND AMOUNT: Funds are available for this project in Capital Improvement Project (315-93612) “McMullen Tennis Complex” and a first quarter budget amendment providing for a transfer of $67,000 from Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#18-5532 project (315-93655), “Joe DiMaggio Sports Complex”, $74,782 from “Countryside Basketball Court” (315-93653), and $35,900 from Recreation Facility Impact Fees (142-343963) to capital improvement project 315-93612 “McMullen Tennis Complex”. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 1/17/2019 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 Page4of12 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 verifythetimescheduleforactivitiesandworkwhichwereadoptedandusedtodeterminethe 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 sumamountorless. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in theProjectshallbedeterminedinoneormoreofthefollowingways: 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 MUSTBE COMPLETEDAND SUBMITTED WITH PROPOSAL FOR PROJECTS THATMAY EXCEED $1,000,000. FAILURE TO SUBMIT THIS FORMASREQUIRED, MAYDEEM 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 ofsection 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 inCubaandSyria; 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 forminCubaorSyria, 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 anyotherapparatusofbusinessorcommerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or ownerimmediatelynotifytheCityofClearwaterinwriting, 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 the0,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 ofAulhe. , 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: 5439 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a work order from McKim and Creed of Clearwater, FL, in the amount of $2,090,473.00 for the Clearwater Water Supply and Treatment Master Plan (18-0022-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: McKim and Creed was selected through Request for Qualifications 22-18, from which four submittals were received. The selection committee consisted of representatives from the Engineering and Public Utilities Departments. This project will provide the City with a 30-yr Master Plan that focuses on meeting long-term potable water supply needs, water quality goals and provide system reliability. Components of the study include evaluations of hydrogeologic conditions within the city service area, and assessments of wellfields, raw and finished water systems, and existing water treatment plants. The Masterplan will include a potable water Capital Improvement Plan (CIP) that will prioritize projects and serve as the City’s road map for planning future CIP activities. The Water Supply and Treatment Master Plan is anticipated to be a one and half year study and planning effort. APPROPRIATION CODE AND AMOUNT: 3277327-561300-96785 $2,090,473 Funding is available in Utility Renewal and Replacement Project 96785, Feasibility Study/Evaluation-Water, to fund the work order. Page 1 City of Clearwater Printed on 1/17/2019 WORK ORDER INITIATION FORM 1 of 25 Revised: 11/29/2017 WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: 11/15/2018 M&C Project Number: 0992-0245 City Project Number: 18-0022-UT 1. PROJECT TITLE: Water Supply and Treatment Master Plan 2. SCOPE OF SERVICES: The City of Clearwater has identified the need to develop a Water Supply and Treatment Master Plan (Master Plan) to plot the course of the City’s water supply, treatment and key distribution systems for the next 30 years. The work associated with the Master Plan will include the evaluations of hydrogeologic conditions within the City service area, raw and finished water systems for future water supply scenarios, water treatment facilities, wellfields and groundwater replenishment. A 30-Year Master Plan will be developed and will include recommendations focused on meeting long term water supply needs, water quality goals and system reliability. The Master Plan will also consider potential sea-level rise impacts on water supply and treatment facilities. The Master Plan will include prioritized listings of recommend capital improvement projects. One of the main project goals is to identify the highest water quality available that can be cost-effectively delivered to each treatment facility and the City’s utility customers. The Master Plan will also include planning level costs that will be used to establish water supply and treatment system capital improvement projects to aid in the City’s budgeting efforts. The Water Supply and Treatment Master Plan will be developed using a series of tasks as follows: TASK 1: PROJECT MANAGEMENT, ADMINISTRATION AND MEETINGS This task includes project setup and project management plan, kickoff meetings, general communications and coordination, management of a project information website, monthly progress reports and invoicing, and project close-out, including delivery of electronic data and records obtained and produced during the project, in an organized file structure that can be used by the City for future projects. This task also includes monthly project meetings with the City to discuss project status, schedule and upcoming issues and needs. Additionally, McKim & Creed will prepare materials and attend up to three (3) meetings with City Manager and/or City Council members. Also, we will prepare for and attend a meeting with the City and the Southwest Florida Water Management District (SWFWMD) to review and discuss viable water supply alternatives. WORK ORDER INITIATION FORM 2 of 25 Revised: 11/29/2017 TASK 2: DATA COLLECTION, DATA REVIEW AND HYDROGEOLOGICAL STUDY PLAN McKim & Creed will coordinate and meet with City staff and our subconsultants, WSP and Applied Drilling Engineering, Inc. (ADE), to collect, organize and review existing data relevant to the Project. The data will be organized in an electronic file structure that will be provided to the City for use on future projects. A preliminary listing of project data needs has been provided to the City and the list will be updated following authorization. This task also includes a limited evaluation of a possible artisan spring at Harborview Center, addressing its possible use for water supply or for local aesthetic features in redevelopment. Task 2.1 – Data Gaps Memorandum Prepare Technical Memorandum (TM) #1 to identify critical data gaps and to provide recommendations to resolve the data gaps. Three (3) copies of the draft memorandum will be submitted to the City along with an electronic (PDF and MS Word format) version via e-mail. A review meeting will be held with the City to develop a plan of action to obtain critical missing information. The memorandum will be updated while Task 3 activities are performed, and the final memorandum will be prepared to document and summarize the data collection activities, findings and assumptions that will be used to supplement missing data. Three (3) copies of the final memorandum will be submitted to the City along with electronic (PDF and MS word format) versions. It is understood that the assumptions used for the remainder of the project shall be jointly agreed upon by the City and McKim & Creed. Additionally, it is understood that the City will have the opportunity to provide additional information for data gaps, as needed, using other means available to the City. Task 2.2 – Hydrogeologic Study Plan McKim and Creed will coordinate with our subconsultant, WSP to prepare a Hydrogeologic Study Plan for the relevant project components. The plan will generally discuss / describe the following: 1. Planned physical well evaluation activities described in Task 3, including a discussion of the information that will be collected and how the information will be used to evaluate the physical and water-quality properties of the respective wells. 2. How the physical information obtained in Task 3 will be used to assess potential well maintenance or modifications to improve well performance. 3. Statistical methods that will be used to evaluate water-quality trends, projections and optimal production rates for each well. 4. GIS statistical methodology that will be used to examine spatial distribution of water quality across the service area. 5. Mass-flow balance methodology that will be used to estimate the net water-quality and flow rates delivered to each water treatment plant. 6. Integration of the results of the analyses between the hydrogeologic and engineering tasks as the project progresses. WORK ORDER INITIATION FORM 3 of 25 Revised: 11/29/2017 The draft plan will be summarized in TM #2 that will be peer reviewed by Dr. Richard Spruill prior to using the results in subsequent tasks. Three (3) copies of the peer review comments and recommendations, along with three (3) copies of the draft memorandum will be submitted to the City along with e-mail electronic (PDF and MS Word) copies. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form assigned to this project. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final memorandum will be incorporated into the Master Plan as an appendix and will be referenced in the Master Plan. TASK 3: WATER SUPPLY AND TREATMENT SYSTEM EVALUATION This task includes evaluations for the existing supply and treatment system and the identification of improvements that may be needed during the 30-year planning period. Task 3.1 – Well Evaluation, Testing and Acidization Included in this task is a well evaluation/testing program to evaluate the condition, productivity, and water-quality profile of a statistically significant sample size of up to twenty-two (22) production wells. Additionally, this task includes the acidization and additional specific capacity testing of up to six (6) wells. The well testing activities will be performed by ADE, with our hydrogeologist team member, WSP providing oversight of the testing, data compilation and interpretation. Well evaluations will include the following steps: 1. Coordinate with City staff to identify and select up to twenty-two (22) wells. 2. With prior City approval, perform a specific capacity test using the production pump, when possible. A temporary test pump will be used when an existing pump is unavailable. 3. Remove and inspect the production pump. Damaged or degraded components will be noted for future repair. 4. Perform geophysical and in-situ data collection for a suite of borehole geophysical logs including: a. Long-short normal resistivity. b. Vertical extent of the confining and other clayey low permeability layers in the Upper Floridan aquifer (gamma log). c. Borehole diameter and location(s) of fractures/solution cavities (caliper). d. Temperature. e. Fluid resistivity and flow under static (no pumping) conditions. f. Temperature, fluid resistivity and flow under dynamic (pumping) conditions. g. Video survey of the well. 5. Four (4) of the existing WTP-2 brackish wells (2-1, 2-5 or 2-6, 2-10 and 2-12) have been reported to have loss of productivity since the start of operation. These wells, along with up to two (2) additional wells that will be identified during the project, will be acidized by ADE using a food grade, low strength acidization technique that does not require the acid to be pumped out and disposed. WORK ORDER INITIATION FORM 4 of 25 Revised: 11/29/2017 6. Upon completion of the acidization, the production pump will be reinstalled, and a post-acidization specific capacity test will be performed to evaluate the benefit. We will coordinate with the City GIS department, IT department and project team to develop forms that will used to document the well evaluation, testing and acidization activities, capture asset data (attributes) and performance indicators. The forms and relevant information will be uploaded to OWAM/GIS. Data collected in the field, including geophysical logs, video logs, specific capacity test data, and observations of the pumping equipment will be reviewed and used with existing geologic and water- quality data to evaluate the following: 1. Physical condition of the well casings, boreholes, and pump equipment. 2. Local geology. 3. Production capability and producing zone profile. 4. Water-quality characteristics. Information obtained during this task will be used to develop recommendations for future well improvements. Task 3.2 – Develop and Confirm City Water Quality Goals McKim & Creed will perform research on upcoming/future regulations and will meet with City staff to discuss and identify both short and long-term City water quality goals. Long-term goals will need to consider increased TDS levels with respect to potable water treatment requirements. Additionally, the water quality goals for Pinellas County Utilities and Tampa Bay Water will be considered. Water quality goals will also consider impacts to capital and operational costs for the City’s water infrastructure, so an appropriate balance can be achieved. Task 3.3 – Above-Ground Well Evaluations This task includes a planning-level evaluation of the above-ground components of the existing production wells. McKim & Creed engineers from applicable disciplines will conduct site visits at the existing wells to review and document components or systems needing repair or replacement. The main goal of this task is to identify and document issues with major equipment at the selected wells that may need to be replaced as part of a future CIP project. Additionally, this task will consider the use of permanent and/or temporary backup power at select wells and a review of potential flood impacts from future floods including storm surges Planning level assessments will be provided for the following: 1. Condition of piping, electrical and instrumentation systems. 2. Anticipated useful life remaining for the referenced systems. 3. Damaged or degraded components will be noted for future repair. 4. Potential improvements needed to protect the wells from flooding. WORK ORDER INITIATION FORM 5 of 25 Revised: 11/29/2017 Task 3.4 – Water Treatment Facility Condition Evaluations This task includes a planning-level assessment of the conditions at the three (3) existing City water treatment facilities. McKim & Creed engineers from applicable disciplines will conduct site visits at the existing treatment facilities to review and document the major system needs and will interview City staff assigned at each facility as part of this task. The main goal of this task is to identify and document issues with major equipment at the treatment plants that may need to be replaced as part of a future CIP project. Planning level assessments will be provided for the following: 1. Condition of major mechanical, treatment process, electrical, structural, instrumentation and piping systems. 2. Anticipated useful life remaining for major systems. 3. Rehabilitation and replacement requirements for major equipment within the 30-year planning period. Task 3.5 – Water Treatment Process Alternative Evaluations McKim & Creed will evaluate, compare and recommend treatment process improvements needed for each of the City’s three (3) WTPs for the 30-year planning period. The alternatives and evaluations may consider the following: 1. Update recommendations from the WTP-2 System Evaluation Summary Report (McKim & Creed, Inc., 2018) based on findings of quality/quantity projected for raw water supply to the plant. 2. Projected supply water quality and quantity. 3. Regulatory considerations. 4. City water quality goals. 5. Alternatives to address declining supply water quality over the planning period (may consider phased improvements at each facility). 6. Potential advances in water treatment process technology (e.g., more efficient membranes with lower fouling potential). 7. Treatment process optimization (e.g., chemical dosages, system hydraulics, membrane selection). 8. New water treatment facility. The task will consider long-term sustainability, viability and effectiveness of each of the three (3) existing water treatment facilities and a potential new treatment facility. Task 3.6 – Water Supply and Treatment Cost Analysis McKim & Creed will develop planning level costs for potential water supply, treatment and transmission main scenarios and integrate these costs with those of currently planned CIP projects. The cost analysis will include calculated unit costs of City water production for the existing infrastructure that will be used to compare against other options. It is anticipated that the City will provide current operational costs and WORK ORDER INITIATION FORM 6 of 25 Revised: 11/29/2017 projected rates from Pinellas County Utilities. Capital, O&M and present worth will be calculated for the viable City options and will be used for the comparisons. Task 3.7 – Water Supply and Treatment System Evaluation Memorandum Results from Task 3 will be summarized in TM #3 and will be peer reviewed by Dr. Richard Spruill prior to submitting to the City. Three (3) copies of the peer review comments, along with three (3) copies of the draft memorandum will be submitted to the City along with e-mail electronic (PDF and MS Word) copies. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form. The memorandum will be updated and reviewed by Dr. Richard Spruill. Three (3) copies of the peer review comments along with three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final memorandum will be incorporated into the Master Plan as an appendix and will be referenced in the Master Plan. TASK 4: HYDROGEOLOGICAL EVALUATIONS McKim & Creed will coordinate with WSP to perform evaluations on the City’s existing and future projected hydrogeological conditions. The evaluations will consider the following elements: 1. Current and projected water-quality trends. 2. Well production capacity. 3. Identification of potential new well sites. 4. Existing abandoned well sites with easements suitable for well construction. 5. Wellfield expansion alternatives. 6. Wellfield monitoring program. 7. Wellfield management plan. 8. Water use permit status and conditions compliance. 9. Integration of the planned Groundwater Replenishment (GWR) project. 10. Projected sea-level rise. Task 4.1 – Statistical Analysis Regression analysis using available water-quality data for the production, monitoring and abandoned wells will be performed to evaluate trends in water quality concentrations, and to project future concentrations based on current trends. Upon completion of the trend analysis, a correlation analysis will be performed to evaluate the relationship between monthly water quality concentrations (TDS and chlorides) and production quantity. The correlation coefficient and scatter plot analysis will be used to estimate the optimum pumping rate for each existing well with respect to managing water quality in the well. The projected pumping rates and water quality from the statistical analyses will be used in a mass balance calculation to calculate the total production quantity and water quality going to each water plant with the WORK ORDER INITIATION FORM 7 of 25 Revised: 11/29/2017 existing wells and wellfield configuration. The results of this analysis will provide an initial assessment of the quantity and quality of new water sources that will be required to meet the City’s demands and water treatment infrastructure. The statistical analysis will also include GIS statistical methods to examine the spatial distribution of water quality across the City’s service areas. The analysis will be performed using data from production and monitoring wells to map the distribution of water quality in upper and lower Zone A within the City. The results of this analysis will be used in subsequent tasks. A description of the statistical analysis methodology and the results of the analyses will be described in a technical memorandum that will include the projected water quality for the City’s existing wells. Results will be summarized in TM #4 that will be peer reviewed by Dr. Richard Spruill prior to using the results in subsequent tasks. Three (3) copies of the peer review comments and recommendations, along with three (3) copies of the draft memorandum will be submitted to the City along with e-mail electronic (PDF and MS Word) copies. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form assigned to this project. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final memorandum will be incorporated into the Master Plan as an appendix and will be referenced in the Master Plan. Task 4.2 – Evaluate Sites for New Wells Our team will identify and evaluate potential sites for new wells to provide additional supply as needed in the existing wellfields. The initial site investigations will include City-owned properties, former (abandoned) wells sites, and co-location at existing well sites. These sites will be evaluated based on current land use, regulatory setbacks, and existence of usable easements. Each potential site will then be evaluated for water quality using the results of the statistical analysis. Regression analysis results from nearby existing wells will be used to help estimate projected water quality concentrations from potential new well sites. The spatial water-quality analysis will be used to estimate current water quality in upper and lower Zone A, and to evaluate which zone(s) to consider for new production wells. We will also assess the potential for constructing Upper “Zone A” wells in areas with existing Lower “Zone A” wells to provide fresher water that could be used, for example, for blending to reduce TDS levels in the RO WTP #2 feed water if compliant with WTP-2 permit. Upon selection of potential well sites, the mass balance calculations will be updated using proposed and existing wells to recalculate the projected quantity and quality. Existing groundwater models will be reviewed and updated to assess projected groundwater levels in the project area that will be used with the statistical analyses to estimate the safe yield for the area and to provide the basis for the 30-year projected water quantity and quality for the City. A description of the new well site evaluation methodology and the results of the analyses will be described in TM #5 that will be peer reviewed by Dr. Richard Spruill prior to using the results in subsequent tasks. WORK ORDER INITIATION FORM 8 of 25 Revised: 11/29/2017 Three (3) copies of the draft memorandum will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final memorandum will be incorporated into the Master Plan as an appendix and will be referenced in the Master Plan. Task 4.3 – Wellfield Management Plan Update Based on the results of the well evaluation activities in Task 3 and the water quality and production rate projections from Task 4.1, we will update the City’s Wellfield Management Plan. The plan will be updated and expanded to include recommended well operating parameters to optimize production rates and water-quality, recommended well maintenance activities and changes to the monitoring plan that may be needed based on new production well locations. The goal of the updated plan is to provide the water plant operations staff with guidelines to assist them in operating the wells and wellfields in an efficient and sustainable fashion. This revised plan will also be a key element to support any associated modification of the WUP. Elements in the updated Wellfield Management Plan include: 1. Service area background and description. 2. Wellfield descriptions. 3. Hydrogeologic description of zones within the aquifer. 4. Production well descriptions, including diagrams and details, as required. The wellfield map provided by the City (City of Clearwater Well Locations – Inactive Production and Active Production and Monitoring Wells) will be utilized and confirmed by McKim & Creed as part of this task. 5. Monitoring wells description. 6. Monitoring plan. 7. Wellfield operations and management plan that will include an action plan if chloride limits are exceeded on a monitoring well. 8. Description of City’s water conservation plan required by the SWFWMD. The updated Wellfield Management Plan will be included as part of the Water Use Permit Modification (Task 5). Task 4.4 – Evaluate Integration with the Planned GWR Project Based on recent discussions between the City and the SWFWMD, we understand there may be opportunities to incorporate the planned GWR project into the City’s overall water supply strategy. For the option of supply wells in proximity of the GWR facility, the primary task will be to use the groundwater flow and particle tracking model developed for the GWR project to identify potential supply well locations and evaluate the travel time for water from the GWR recharge wells to reach the proposed supply wells. The modeling would also be used to evaluate the net impact on water levels in the Upper Floridan aquifer resulting from recharge and new withdrawal. For the option of additional freshwater withdrawal for other parts of the City with GWR used as an offset, groundwater flow modeling will be performed to evaluate WORK ORDER INITIATION FORM 9 of 25 Revised: 11/29/2017 the net benefit of GWR recharge and new withdrawal regarding its measurable benefit. This task includes one (1) meeting with the SWFWMD and one (1) meeting with the FDEP to discuss these options. A description of the conceptual use of GWR recharge to support additional withdrawals and the groundwater modeling analyses will be described in TM #6. Three (3) copies of the draft memorandum will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final memorandum will be incorporated into the Master Plan as an appendix and will be referenced in the Master Plan. TASK 5: WATER USE PERMIT MODIFICATION Our Team will assist the City with modifying the existing water use permit (WUP) so that alternative and additional supplies can be developed and utilized. For the WUP modification, a description of the purpose for the modification will be provided along with the permitting requirements. The requested changes will be described in the WUP modification description with the necessary supporting information. This task includes the following services: 1. Meeting with City staff to discuss the WUP modification. 2. Prepare agenda and attend a pre-application meeting with the SWFWMD permitting staff to discuss items such as projected demands, permit duration and the amount / type of supporting information such as hydrologic analyses. Modifications to the existing environmental management plan will also be discussed. 3. Impact analysis to include preparation of a groundwater flow model(s) to assess the change in drawdown between the existing and proposed permitted withdrawals. Drawdowns will be modeled based on average annual withdrawal for one year and peak month withdrawal for 90 days as required by the SWFWMD. The modeling will be performed using the SWFWMD District-Wide Regulatory Model, which is used to address drawdown impacts for WUP applications developed by the SWFWMD. An Impact Analysis Report will be prepared and will include a summary of the area hydrogeology, a description of the methodology and results of the wellfield groundwater flow model, and will also include supporting figures, maps and tables. 4. Assist the City with the evaluation and revision of the existing Environmental Management Plan (EMP). We will provide documentation to support requested EMP modifications, including maps and site-specific data. Attend one (1) site meeting with the SWFWMD staff to review field conditions and discuss proposed modifications. 5. Prepare draft WUP application and supporting documents and meet with City. 6. Update draft WUP application to address City Comments and prepare WUP application on-line using the SWFWMD’s Water Management Information System (WMIS). The WUP application will be signed and sealed by a Professional Geologist licensed in the state of Florida as required by the SWFWMD. 7. Assist the City with the preparation of up to two (2) Requests for Additional Information (RAIs). Attend meeting with City and SWFWMD staff, if necessary. The current RAI response procedure allows for WORK ORDER INITIATION FORM 10 of 25 Revised: 11/29/2017 submittal of partial responses for review by SWFWMD staff so that the final response meets their approval. We will prepare the responses and submit to the City for review prior to submittal to the SWFWMD. TASK 6: EVALUATE WATER SUPPLY OPTIONS Evaluate and identify sources that would be best used to supply the City’s treatment facilities. One of the keys for this task will be the consideration of partially integrating the City’s three (3) existing wellfields for interconnectivity and to improve reliability/operations. The following items will be considered: 1. Additional wells sites. 2. Utilize abandoned wells with existing easements. 3. Co-locating at existing well sites (using upper and lower “Zone A” at the same site). 4. Integration of the City’s three (3) wellfields. 5. Wholesale purchase from Pinellas County. 6. Expansion of supply and treatment capability. 7. Indirect potable reuse. This task includes a financial feasibility analyses and a regulatory review for viable supply options. A weighted matrix will be developed to review and evaluate potential supply alternatives. The regulatory review includes a meeting with the SWFWMD to review policies and potential funding opportunities. Viable water sources for this task will include consideration of other items such as quantity, quality, and site / environmental impacts. A sustainability review will be performed for viable sources to help establish and recommend modifications to existing water supplies and to ensure future water supplies are sustainable Three (3) copies of TM #7 will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form assigned to this project. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final memorandum will be incorporated into the Master Plan as an appendix and will be referenced in the Master Plan. TASK 7: FUTURE WATER DEMAND PROJECTIONS Task 7.1 – Existing Water Demands The existing water demands, average daily demands, peak day and peak hour will be developed. The existing water demands will be stratified into categories or types of use as needed. Task 7.2 – Future Water Demand Projections McKim & Creed will coordinate with City long-range planning staff and will calculate the projected future water demands for the City’s water system using information, such as GIS data, from the City and other WORK ORDER INITIATION FORM 11 of 25 Revised: 11/29/2017 sources. Demand projections will consider the projected population and an average per capita water usage for residential customers, plus typical water usage data for institutional, commercial and industrial users. The City’s Annual Water Reports and the Comprehensive Plan will also be reviewed and considered for the projected demands. Additionally, we will review recent reclaimed water activities to potentially expand or offset potable demands from reclaimed water system expansion. Special focus will be given to the Downtown Development Area, on beaches and along the US 19 corridor where re-development is occurring. We will confirm that planning forecasts have these re-development areas factored into demands. Task 7.3 – Water Balance Calculation Utilizing data provided by the City, McKim & Creed will perform one (1) water balance calculation for the “unaccounted for water” in accordance with AWWA M36 – “Water Audits and Loss Control Programs.” The results of these demand and water loss calculations will aid in developing the baseline for developing future water demand projections. Task 7.4 – Future Water Demands Summary Memorandum Three (3) copies of TM #8 will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form assigned to this project. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final memorandum will be incorporated into the Master Plan as an appendix and will be referenced in the Master Plan. TASK 8: HYDRAULIC MODELING AND ELEVATED TANK EVALUATION McKim & Creed will perform hydraulic modeling of the City’s existing and future (30-year) raw water and finished water distribution system with regard to the impacts of projected system growth and changes in operation and/or capacity of other elements identified as part of Master Plan. Additionally, this task includes hydraulic evaluations needed to determine if the City’s two (2) existing elevated storage tanks are needed. The hydraulic modeling effort will be focused on identifying large diameter transmission mains that may need to be upsized to handle future flow increases. Task 8.1 – Update Current Hydraulic Model McKim & Creed will coordinate with the City GIS division and will utilize the City’s current (2011) model created using Innovyze’s InfoWater software and other information provided by the City (e.g., GIS information, Record Drawings, maps, reports, etc.) to update pipelines in the model. Existing facility data relevant to the model (e.g., pump curves) will be verified and updated as needed. 1. Compare current model to City GIS data. 2. Prepare map of comparison and meet with City to review and update current model. WORK ORDER INITIATION FORM 12 of 25 Revised: 11/29/2017 3. Verify existing major facilities within the current model. This includes comparing Record Drawings and other data (e.g., O&M manuals) of relevant water facilities and systems. 4. Extract the current hydraulic model controls (pump and tank settings, etc.) and meet with City operators to confirm the model controls match the existing conditions. Controls will also be confirmed with detailed SCADA information that will be obtained from the City. 5. Update/verify current diurnal curve pattern applied in the hydraulic model. Download past 5-years of detailed SCADA data for water plants, interconnections, and storage tanks to evaluate a system- wide 24-hr diurnal curve pattern to apply to the demands for an extended period scenario (EPS). Task 8.2 – Develop and Update Demand Scenarios: Demand scenarios will be developed for two (2) demand scenarios including the current and future (30-year planning period) to confirm base model conditions for the following: 1. Average day demands. 2. Peak day demands. 3. Peak day + fire flow demands. Task 8.3 – Model Calibration: Utilizing information from the previous tasks, the model will be calibrated. The following work is included with this task: 1. Develop an EPS scenario. 2. Compare tank levels from SCADA with model to determine accuracy of calibration to new updated model. 3. Coordinate with City staff to determine strategic locations for field testing (e.g., fire hydrant flow tests) to obtain data to compare with hydraulic model simulations. Confirm results from field testing with modeling calculations. 4. Meet with City and review areas where field results do not resemble modeling predictions. Identify areas for additional field testing and/or confirmation of valve positioning to refine model calibration. Task 8.4 – Hydraulic Modeling and Storage Analysis: Task includes an empirical analysis of the existing storage capacity compared to existing and future demands. This generally includes the following: 1. Run Scenarios to evaluate and compare system pressures and fire flows with and without the two existing tanks. 2. Evaluate the average day, max day and peak day fire flow availability. 3. Provide summarized results for each of the following scenarios: a. Scenario 1: Baseline existing conditions (with tanks). b. Scenario 2: Evaluate system with tanks offline. c. Scenario 3: Evaluate system with one tank offline (2 scenarios). Task 8.5 – Raw Water System Hydraulic Evaluation McKim & Creed will develop a hydraulic model of the existing raw water supply system that includes utilizing well pump curves well draw-down information, where available, to establish supply pressures for WORK ORDER INITIATION FORM 13 of 25 Revised: 11/29/2017 the model. This task includes conceptual hydraulic modeling for the raw water piping network to simulate hydraulic impacts and pipe sizing associated with new wells and/or interconnections between the wellfields, new wells and increased supplies. Task 8.6 – Pinellas County Utilities Interconnect Alternatives The system will be evaluated to consider system impacts for options/scenarios that propose to alter the supply from County interconnections directly to the distribution system. This Task includes the development and modeling of up to five (5) interconnect scenarios. Task 8.7 – Hydraulic Modeling and Elevated Tank Evaluation Summary Memorandum Results and recommendations for Task 8 task will be summarized in TM #9 that will include recommendations for the elevated tanks and for improvements that may be needed to address system hydraulics for the raw and potable water transmission systems. Three (3) copies of the draft memorandum will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final memorandum will be incorporated into the Master Plan as an appendix that will be referenced within the Master Plan. Additionally, the final hydraulic model will be provided to the City upon completion of this task. The hydraulic model will be provided in a format compatible with the software selected in task 8.8. Task 8.8 – Hydraulic Modeling Software Evaluation The City plans on obtaining a one-seat or user license for a pressurized pipe hydraulic modeling software package. Based on our experience with hydraulic modeling software, McKim & Creed recommends that an evaluation of up to three (3) hydraulic modeling software applications be performed. The modeling software will be evaluated for the following parameters: • Ability to integrate with City GIS system • Ease of implementation and use • Compatibility with existing hardware and software • Functionality and performance • Cost (including licensure, staff training and maintenance) • Likely compatibility with future operating systems McKim & Creed will develop a questionnaire for the parameters and will obtain input from potential City modeling software users. A summary of the evaluation and our recommendations will be summarized in TM #10. Three (3) copies of the draft memorandum will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final WORK ORDER INITIATION FORM 14 of 25 Revised: 11/29/2017 memorandum will be incorporated into the Master Plan as an appendix that will be referenced within the Master Plan. Task 8.9 – Hydraulic Modeling Software Training McKim & Creed will provide City staff with the training to operate and perform basic features within the modeling software selected in Task 8.8 so that the City can operate the updated model that we will provide when Task 8 is completed. Live training will be limited to one (1) day in a setting at a City office or at McKim & Creed’s Clearwater office. TASK 9: CAPITAL IMPROVEMENT PLAN Each recommended project for the 30-year planning period will be described and presented in the City’s CIP format using Microsoft Excel. The CIP scoring currently used by the City will be used as a basis and will be reviewed and/or improved upon. Factors such as costs, regulatory considerations, available quantity, water quality, environmental impacts and siting considerations will be used to help develop priorities. These factors will be further developed and refined while working with the City using the City’s standard CIP ranking system. The recommended projects will include budgetary costs and estimated design/construction duration that will be used to develop CIP projects for the water supply, treatment and distribution systems for inclusion in the Master Plan. Additionally, the currently planned water supply and treatment CIP projects will be integrated into the recommendations. Three (3) copies of the draft CIP will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. A review meeting will be held with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form. The CIP will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final CIP will be incorporated into the Master Plan as an appendix that will be referenced within the Master Plan. TASK 10: WATER SUPPLY AND TREATMENT MASTER PLAN The information and memoranda from the previous tasks will be consolidated and used to prepare the Water Supply and Treatment Master Plan. The Plan will include an executive summary, introduction, prioritized CIP projects, and summary / recommendations. Technical memoranda from previous tasks will be referenced within the Master Plan and included in the Appendix. Task 10.1 – Draft Master Plan McKim & Creed will develop the draft Master Plan and will submit three (3) copies of the draft Master Plan to the City along with an e-mail electronic (PDF and MS Word) copy. A review meeting will be held with the City to review, discuss and address City comments and questions. WORK ORDER INITIATION FORM 15 of 25 Revised: 11/29/2017 Task 10.2 – Revised Draft Master Plan Address City comments from the draft Master Plan review meeting using the City’s standard comment/response form. The draft Master Plan will be updated and three (3) copies of the revised draft Master Plant will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. A review meeting will be held with the City to review, discuss and address City comments and questions. Task 10.3 – Final Master Plan Address City comments from the revised draft Master Plan review meeting using the City’s standard comment/response form. The revised draft Master Plan City comments will be addressed using the City’s standard comment/response form. The final Master Plan will be developed and three (3) signed and sealed copies will be submitted to the City along with three (3) electronic (PDF) copes on DVD-ROM media. TASK 11: CONTINGENCY A contingency budget of $90,000 (approximately 5%) is included in the Work Order budget for unforeseen additional services that may be needed for the completion of the Water Supply and Treatment Master Plan (e.g., assisting with public meetings, potential coordination with WTP-2 Improvements Project, etc.). The contingency will used only upon written authorization from the City. ADDITIONAL INFORMATION 1. A health and safety plan will be prepared, submitted, and approved by the City Project Manager prior to performing the Task 3 well evaluations. The plan will include each well site that will be evaluated (specific capacity testing, geophysical logging, or acidization). 2. McKim & Creed has provided the City with a preliminary list of data needs for the project. The list will be updated after authorization. 3. This scope includes $300 for the Water Use Permit application fee included with Task 5. City will issue payment for any other permitting fees required. 4. Rate studies are not included in this scope of work. 5. One (1) Wellfield Management Plan is included and will be based on the proposed future wellfield configuration. 6. Test well construction is unnecessary for the scope of services presented herein and is not included. 7. Review meetings will be held within 3-weeks of submittal. 8. Long-term source water quality projections will be completed within 12-months of authorization. 9. Pipeline conditions assessments are not included in this scope of services. These services and commensurate fees can be performed upon written authorization by the City. 10. Hydraulic modeling will utilize the Innovyze® InfoWater® ArcGIS hydraulic modeling software (currently InfoWater for ArcGIS 10.1-10.6). 11. M&C will utilize City provided GIS data to calibrate the City’s 2011 hydraulic model. 12. Travel time modeling is included for the GWR evaluation; variable density water quality modeling is not required and is not included in this scope of services. WORK ORDER INITIATION FORM 16 of 25 Revised: 11/29/2017 13. It is anticipated that monthly status meetings will be scheduled with deliverable review meetings, when possible. 3. PROJECT GOALS: The main goal project goal is to identify and establish City water supply and treatment system needs for the 30-year planning period. Additionally, the intent will be to utilize the highest quality water that can be cost-effectively supplied to each treatment facility and to the City’s potable water customers. Deliverables for the project will include the following: TASK 1: PROJECT MANAGEMENT, ADMINISTRATION AND MEETINGS 1) Meeting minutes. 2) Monthly invoices/status letters. 3) Electronic data and records, obtained and produced during the course of the project, in an organized file structure that can be used by the City for future projects. TASK 2: DATA COLLECTION, DATA REVIEW AND HYDROGEOLOGICAL STUDY PLAN 1) Draft and final Data Gaps Summary memorandum (TM #1). 2) Draft and final Hydrogeologic Study Plan memorandum with peer review comments (TM #2). TASK 3: WATER SUPPLY AND TREATMENT SYSTEM EVALUATION 1) Draft and final Water Supply and Treatment System Evaluation Summary memorandum with peer review comments (TM #3). TASK 4: HYDROGEOLOGICAL EVALUATIONS 1) Draft and final Statistical Analyses memorandum with peer review comments (TM #4). 2) Draft and final technical memorandum for the Evaluation of New Well Sites with peer review comments (TM #5). 3) Draft and final Integration of Groundwater Replenishment memorandum (TM #6). TASK 5: WATER USE PERMIT MODIFICATION 1) Draft and final WUP application with Wellfield Management Plan. 2) Water use permit. TASK 6: EVALUATE WATER SUPPLY OPTIONS 1) Draft and final Water Supply Options memorandum (TM #7). TASK 7: FUTURE WATER DEMAND PROJECTIONS 1) Draft and final Future Water Demand Projections memorandum (TM #8). WORK ORDER INITIATION FORM 17 of 25 Revised: 11/29/2017 TASK 8: HYDRAULIC MODELING AND ELEVATED TANK EVALUATION 1) Draft and final Hydraulic Modeling and Elevated Tank Evaluation memorandum (TM #9). 2) Draft and final hydraulic modeling software evaluation memorandum (TM #10). 3) Hydraulic model(s). TASK 9: CAPITAL IMPROVEMENT PLAN 1) Draft and final CIP. TASK 10: WATER SUPPLY AND TREATMENT MASTER PLAN 1) Draft, revised draft and final Master Plan. 4. BUDGET: See Attachment “B” This price includes all labor and expenses anticipated to be incurred by McKim & Creed for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier, for a fee of Two Million, Ninety Thousand, Four Hundred Seventy-Three Dollars ($2,090,473.00). 5. SCHEDULE: Project schedule will commence upon receipt of written authorization from the City. The project is to be completed within 540 calendar days from issuance of notice-to-proceed. The main project deliverables are identified below. Refer to the attached MS Project schedule for a listing of projected deliverables/submittal dates. The schedule will be updated during the project, if necessary, upon agreement between the City and M&C. Future Water Quality Projections (TM #5): 365 calendar days Draft Water Supply and Treatment Master Plan: 460 calendar days Revised Draft Water Supply and Treatment Master Plan: 500 calendar days Final Water Supply and Treatment Master Plan: 540 calendar days 6. STAFF ASSIGNMENTS: City’s Staff: Lan-Anh Nguyen, PE Project Manager Jeremy J. Brown, PE Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director WORK ORDER INITIATION FORM 18 of 25 Revised: 11/29/2017 McKim & Creed Team’s Key Project Staff Street Lee, PE Principal-In-Charge Phil Locke, PE Project Manager Dave Wiley, PG Principal Hydrogeologist (WSP) Jeff Trommer, PG Hydrogeologist (WSP) Dr. Richard Spruill, PG Peer Review Mitch Chiavaroli, PE Capital Improvement Plan Development Mike Jankowski, PE Hydraulic Modeling Joseph Viciere, PE, BCEE Water Treatment Process 7. CORRESPONDENCE/REPORTING/COMMUNICATION PROCEDURES: ENGINEER’s project correspondence shall be directed to Lan-Anh Nguyen, 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. 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/DVD ROM 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 Attention: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. City Invoicing Code: 3277327-561300-96785 9. INVOICING PROCEEDURES 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 19 of 25 Revised: 11/29/2017 A. City Project Number, 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, previous 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: ________________________ ________________________ A. Street Lee, PE D. Scott Rice, PE Senior Vice-President City Engineer McKim & Creed, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 20 of 25 Revised: 11/29/2017 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT 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 address Tom.Mahony@myClearwater.com. All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. WORK ORDER INITIATION FORM 21 of 25 Revised: 11/29/2017 WATER SUPPLY AND TREATMENT MASTER PLAN PROJECT BUDGET Task Description Subconsultant Services (Attachments C & D) Labor Total 1 Project Management, Administration and Meetings A. Set-up and Project Management Plan $0 $5,353 $5,353 B. Monthly Invoicing and Status Reports $6,420 $20,66 4 $27,084 C. General Project Management and Communications $23,440 $114,0 96 $137,536 D. Monthly Meetings $30,448 $31,55 7 $62,005 E. Kick-Off, SWFWMD & City Manager/Council Meetings $11,216 $31,71 9 $42,935 Task 1 Total $274,913 2 Data Collection, Data Review and Hydrogeological Study Plan 2.1 Data Gaps Memorandum $9,224 $37,04 8 $46,272 2.2 Hydrogeologic Study Plan $20,466 $10,25 9 $30,725 Task 2 Total $76,997 3 Water Supply and Treatment System Evaluation 3.1 Well Evaluation, Testing and Acidization $717,154 $59,24 6 $776,400 3.2 Develop and Confirm City Water Quality Goals $0 $9,318 $9,318 3.3 Above-Ground Well Evaluations $0 $27,88 9 $27,889 3.4 Water Treatment Facility Condition Evaluations $0 $44,62 0 $44,620 3.5 Water Treatment Process Alternative Evaluations $0 $19,87 8 $19,878 3.6 Water Supply and Treatment Cost Analyses $0 $15,15 5 $15,155 3.7 Water Supply and Treatment System Evaluation Memorandum $5,116 $25,22 0 $30,336 Task 3 Total $923,596 4 Hydrogeological Evaluations WORK ORDER INITIATION FORM 22 of 25 Revised: 11/29/2017 4.1 Statistical Analysis $63,120 $16,98 0 $80,100 4.2 Evaluate Sites for New Wells $62,960 $20,59 5 $83,555 4.3 Wellfield Management Plan Update $29,980 $11,01 1 $40,991 4.4 Evaluate Integration with the Planned GWR Project $25,088 $17,03 7 $42,125 Task 4 Total $246,771 5 Water Use Permit Modification A. Permit Modification $45,501 $7,257 $52,758 B. Application, RAIs and Obtain Permit $11,699 $6,661 $18,360 Task 5 Total $71,118 6 Evaluate Water Supply Options A. Water Supply Evaluations $9,070 $53,30 3 $62,373 B. Task 6 Memorandum and Review Meeting $2,935 $13,39 1 $16,326 Task 6 Total $78,699 7 Future Water Demand Projections 7.1 Existing Water Demands $0 $9,831 $9,831 7.2 Future Water Demand Projections $0 $19,70 3 $19,703 7.3 Water Balance Calculation $0 $12,22 2 $12,222 7.4 Future Water Demands Summary Memorandum $0 $8,647 $8,647 Task 7 Total $50,403 8 Hydraulic Modeling and Elevated Tank Evaluation 8.1 Update Current Hydraulic Model $0 $9,488 $9,488 8.2 Develop and Update Demand Scenarios $0 $7,638 $7,638 8.3 Model Calibration $0 $14,60 2 $14,602 8.4 Hydraulic Modeling and Storage Analysis $0 $19,07 3 $19,073 8.5 Raw Water System Hydraulic Evaluation $0 $11,01 1 $11,011 8.6 Pinellas County Utilities Interconnect Alternatives $0 $20,02 0 $20,020 8.7 Hydraulic Modeling and Elevated Tank Evaluation Summary Memorandum $0 $20,04 2 $20,042 8.8 Hydraulic Modeling Software Evaluation $0 $12,39 1 $12,391 8.9 Hydraulic Modeling Software Training $0 $4,203 $4,203 Task 8 Total $118,468 WORK ORDER INITIATION FORM 23 of 25 Revised: 11/29/2017 9 Capital Improvement Plan A. Develop Draft Plan $3,098 $37,22 8 $40,326 B. Review Meeting with City $693 $2,753 $3,446 C. Address Comments and Develop Final CIP $1,121 $22,70 9 $23,830 Task 9 Total $67,602 10 Water Supply and Treatment Master Plan 10.1 Draft Master Plan $10,476 $46,51 4 $56,990 10.2 Revised Draft Master Plan $5,238 $18,28 3 $23,521 10.3 Final Master Plan $3,098 $7,997 $11,095 Task 10 Total $91,606 11 Contingency $0 $90,0 00 $90,000 Task 11 Total $90,000 Subtotal, Labor and Subcontractors $2,090,173 Water Use Permit Application $300 Grand Total $2,090,473 Attachment C Applied Drilling - Well Evaluation Proposal Attachment D- WSP- Hydrological Assistance Proposal WSP USA wsp.com October 22, 2018 PUBLIC Mr. Phil Locke, P.E. McKim & Creed 1365 Hamlet Avenue Clearwater, Florida 33756 Subject: Proposal to Provide Hydrogeologic Services For City of Clearwater Master Water Supply Plan Dear Mr. Locke: WSP USA, INC. (WSP) is pleased to provide this proposal to provide hydrogeologic consulting services as part of McKim & Creed’s contract to develop a Master Water Supply Plan for the City of Clearwater. The following scope of services was prepared to sync with the task structure of the City of Clearwater Work Order Initiation Form prepared by McKim & Creed. SCOPE OF SERVICES Task 1 – Project Management, Administration and Meetings This task includes project setup and project management plan, kickoff meetings, general communications and coordination, monthly progress reports and invoicing. This task also includes monthly project meetings with the City to discuss project status, schedule and upcoming issues and needs. Also, we will prepare for and attend a meeting with the City and the Southwest Florida Water Management District (SWFWMD) to review and discuss viable water supply alternatives. Task 2 – Data Collection, Data Review and Hydrogeological Study Plan WSP will coordinate with McKim & Creed and City staff, to meet with City staff to collect, organize and review existing well field and hydrogeologic data relevant to the Project. This data will include well locations and construction, pumpage, water quality, water levels and any other well field related data. Task 2.1 – Data Gaps Memorandum Upon review of the available data, WSP will work with McKim to identify data gaps and provide recommendations to resolve the data for inclusion into the Data Gaps Memorandum prepared by McKim & Creed. Task 2.2 – Hydrogeologic Study Plan WSP will prepare a Hydrogeologic Study Plan for the relevant project components. The plan will generally discuss / describe the following: 1. Planned physical well evaluation activities described in Task 3, including a discussion of the information that will be collected and how the information will be used to evaluate the physical and water-quality properties of the respective wells. 2. How the physical information obtained in Task 3 will be used to assess potential well maintenance or modifications to improve well performance. 3. Statistical methods that will be used to evaluate water-quality trends, projections and optimal production rates for each well. Page 2 4. GIS statistical methodology that will be used to examine spatial distribution of water quality across the service area. 5. Mass-flow balance methodology that will be used to estimate the net water-quality and flow rate delivered to WTP-2. 6. Groundwater modeling for impact analysis to address potential drawdown effects for future water supply options. 7. Description of specific existing production well evaluations to be conducted. 8. Integration of the results of the analyses between the hydrogeologic and engineering tasks as the project progresses. The draft plan will be summarized in TM #2 that will be peer reviewed by Dr. Richard Spruill prior to using the results in subsequent tasks. Three (3) copies of the peer review comments and recommendations, along with three (3) copies of the draft memorandum will be submitted to McKim & Creed, along with e-mail electronic (PDF and MS Word) copies. WSP will attend a review meeting with the City to review, discuss and address City comments and questions. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. Task 3 Water Supply and Treatment System Evaluation Task 3.1 Well Evaluation, Testing, and Acidization WSP will coordinate with McKim & Creed, the City, and Applied Drilling engineering (ADE to implement a well evaluation, testing and acidization program on up to 22 wells. WSP will coordinate with McKim & Creed and the City to identify the 22 wells to be included in the program. We will then coordinate with the City and ADE to schedule the evaluation activities at each well, identify a suitable location for discharge of the test water, obtain generic permits for discharge of produced groundwater from the FDEP where required, and provide oversight of the testing and acidizing activities. Data collected in the field, including geophysical logs, video logs, specific capacity test data, and observations of the pumping equipment will be reviewed and used with existing geologic and water-quality data to evaluate the following: 1. Physical condition of the well casings, boreholes, and pump equipment. 2. Local geology. 3. Production capability and producing zone profile. 4. Water-quality characteristics. WSP will prepare a technical memorandum detailing the testing, evaluation, and acidizing activities, along with any recommendations and provide the memorandum to McKim & Creed for inclusion in TM#3. Task 3.7 – Water Supply and Treatment System Evaluation Memorandum WSP will assist McKim & Creed with integration of our technical memorandum prepared in Task 3.1 into TM#3. WSP will attend a review meeting with the City to review, discuss and address City comments and questions. WSP will update the memorandum as needed, and provide three (3) copies of the signed and sealed final memorandum for inclusion in TM#3. Task 4 – Hydrogeologic Evaluations Task 4.1 – Statistical Analysis Regression analysis of existing water-quality data for each production and monitoring well will be performed to evaluate trends in water quality concentrations, and to project future concentrations Page 3 based on current trends. Upon completion of the trend analysis, a correlation analysis will be performed to evaluate the relationship between monthly water quality concentrations (TDS and chlorides) and production quantity. The correlation coefficient and scatter plot analysis will be used to estimate the optimum pumping rate for each existing well with respect to managing water quality in the well. The projected pumping rates and water quality from the statistical analyses will be used in a mass balance calculation to calculate the total production quantity and water quality going to each water plant with the existing wells and wellfield configuration. The results of this analysis will provide an initial assessment of the quantity and quality of new water sources that will be required to meet the City’s demands and water treatment infrastructure. The statistical analysis will also include GIS statistical methods to examine the spatial distribution of water quality across the City’s service areas. The analysis will be performed using data from production and monitoring wells to map the distribution of water quality in upper and lower Zone A within the City. The results of this analysis will be used in subsequent tasks. A description of the statistical analysis methodology and the results of the analyses will be described in a technical memorandum that will include the projected water quality for the City’s existing wells. Results will be summarized in TM #4 that will be peer reviewed by Dr. Richard Spruill prior to using the results in subsequent tasks. Three (3) copies of the peer review comments and recommendations, along with three (3) copies of the draft memorandum will be submitted to the City along with e-mail electronic (PDF and MS Word) copies. WSP will attend a review meeting with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form assigned to this project. The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. Task 4.2 – Evaluate Sites for New Wells WSP will assist McKim& Creed to identify and evaluate potential sites for new wells to provide additional supply as needed in the existing wellfields. The initial site investigations will include City-owned properties, former (abandoned) wells sites, and co-location at existing well sites. These sites will be evaluated based on current land use, regulatory setbacks, and existence of usable easements. Each potential site will then be evaluated for water quality using the results of the statistical analysis. Regression analysis results from nearby existing wells will be used to help estimate projected water quality concentrations from potential new well sites. The spatial water- quality analysis will be used to estimate current water quality in upper and lower Zone A, and to evaluate which zone(s) to consider for new production wells. We will also assess the potential for constructing Upper “Zone A” wells in areas with existing Lower “Zone A” wells to provide fresher water that could be used, for example, for blending to reduce TDS levels in the RO WTP #2 feed water if compliant with WTP-2 permit as “alternative source.” Upon selection of potential well sites, the mass balance calculations will be updated using new and existing wells to recalculate the projected quantity and quality. Existing groundwater models will be reviewed and updated to assess projected groundwater levels in the project area that will be used with the statistical analyses to estimate the safe yield for the area and to provide the basis for the 20-year projected water quantity and quality for the City. A description of the new well site evaluation methodology and the results of the analyses will be described in TM #5 that will be peer reviewed by Dr. Richard Spruill prior to using the results in subsequent tasks. Three (3) copies of the draft memorandum will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. WSP will attend a review meeting with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form. The memorandum will be updated and three (3) copies of the Page 4 signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. Task 4.3 – Well Field Management Plan Update Based on the results of the well evaluation activities in Task 3 and the water quality and production rate projections from Task 4.1, we will update the City’s Well Field Management Plan. The plan will be updated and expanded to include recommended well operating parameters to optimize production rates and water-quality, recommended well maintenance activities and changes to the monitoring plan that may be needed based on new production well locations. The goal of the updated plan is to provide the water plant operations staff with guidelines to assist them in operating the wells and well fields in an efficient and sustainable fashion. This revised plan will also be a key element to support any associated modification of the WUP. Elements in the updated Well Field Management Plan include: 1. Service area background and description. 2. Wellfield descriptions. 3. Hydrogeologic description of zones within the aquifer. 4. Production wells description, diagrams and details, as required. 5. Monitoring wells description. 6. Well field operations. 7. Monitoring plan. 8. Wellfield operations and management plan. Will include description of action plan addressing chloride concentration limits at existing monitoring wells and recommend any need modifications. 9. Description of City’s water conservation plan required by the SWFWMD. 10. Copy of Existing WUP The updated Well Field Management Plan will be included as part of the Water Use Permit Modification (Task 5). Task 4.4 – Evaluate Integration with Groundwater Replenishment Based on recent discussions between the City and the SWFWMD, we understand that the concept of using the Groundwater Replenishment (GWR) project as source of water either for withdrawal from new supply wells in the proximity of the GWR facility or as an offset for withdrawal of additional fresh water from other areas of the City to supplement WTP-2 may be viable. For the option of supply wells in proximity of the GWR facility, the primary task will be to use the groundwater flow and particle tracking model developed for the GWR project to identify potential supply well locations and evaluate the travel time for water from the GWR recharge wells to reach the proposed supply wells. The modeling would also be used to evaluate the net impact on water levels in the Upper Floridan aquifer resulting from recharge and new withdrawal. For the option of additional freshwater withdrawal for other parts of the City with GWR used as an offset, groundwater flow modeling will be performed to evaluate the net benefit of GWR recharge and new withdrawal regarding its measurable benefit. This task includes one (1) meeting with the SWFWMD and one (1) meeting with the FDEP to discuss these options. A description of the conceptual use of GWR recharge to support additional withdrawals and the groundwater modeling analyses will be described in TM #6. Three (3) copies of the draft memorandum will be submitted to the City along with an e-mail electronic (PDF and MS Word) copy. WSP will attend a review meeting with the City to review, discuss and address City comments and questions. City comments will be addressed using the City’s standard comment/response form. Page 5 The memorandum will be updated and three (3) copies of the signed and sealed final memorandum will be submitted to the City along with an e-mail electronic (PDF) copy. The final memorandum will be incorporated into the Master Plan as an appendix and will be referenced in the Master Plan. Task 5 - Water Use Permit Modification WSP will provide services to modify the existing water use permit (WUP) so that alternative and additional supplies can be developed and utilized. For the WUP modification, a description of the purpose for the modification will be provided along with the permitting requirements. The requested changes will be described in the WUP modification description with the necessary supporting information. This task includes the following services: 1. Meeting with McKim & Creed and City staff to discuss the WUP modification. 2. Prepare agenda and attend a pre-application meeting with the SWFWMD permitting staff to discuss items such as projected demands, permit duration and the amount / type of supporting information such as hydrologic analyses. Modifications to the existing environmental management plan will also be discussed. 3. Impact analysis to include preparation of a groundwater flow model(s) to assess the change in drawdown between the existing and proposed permitted withdrawals. Drawdowns will be modeled based on average annual withdrawal for one year and peak month withdrawal for 90 days as required by the SWFWMD. The modeling will be performed using the SWFWMD District-Wide Regulatory Model, which used to address drawdown impacts for WUP applications developed by the SWFWMD. An Impact Analysis Report will be prepared and will include a summary of the area hydrogeology, a description of the methodology and results of the wellfield groundwater flow model, and will also include supporting figures, maps and tables. 4. Evaluate and revise as required the existing Environmental Management Plan (EMP). We will provide documentation to support requested EMP modifications, including maps and site-specific data. Attend one (1) site meeting with the SWFWMD staff to review field conditions and discuss proposed modifications. 5. Prepare draft WUP application and supporting documents and meet with City. 6. Update draft WUP application to address City Comments and prepare WUP application on-line using the SWFWMD’s Water Management Information System (WMIS). The WUP application will be signed and sealed by a Professional Geologist licensed in the state of Florida as required by the SWFWMD. Assist the City with the preparation of up to two (2) Requests for Additional Information (RAIs). Attend meeting with City and SWFWMD staff, if necessary. The current RAI response procedure allows for submittal of partial responses for review by SWFWMD staff so that the final response meets their approval. We will prepare the responses and submit to the City for review prior to submittal to the SWFWMD. Task 6 – Evaluate Water Supply Options WSP will provide technical support and review of McKim & Creeds evaluation of water supply options. The support is related to coordination of the hydrogeologic aspects of groundwater sources with the engineering aspects of bringing new sources into the system, or interconnection of the existing systems. We will review the groundwater source related portions of TM#7 prepared by McKim & Creed, and attend a review meeting with the City. Task 9 – Capital Improvement Plan WSP will provide technical support and review of McKim & Creeds capital improvement plan (CIP). The support is related to preparation of costs for proposed new wells, well modifications, and well maintenance. We will review the groundwater source related portions of the CIP prepared by McKim & Creed, and attend a review meeting with the City. Task 10 Water Supply and Treatment Plan Page 6 WSP will provide technical support to McKim & Creeds during preparation of the Water Supply and Treatment Plan. The support will include review and revisions of hydrogeologic evaluation portions of the report, and attendance of two review meetings with the City. WSP will provide these services on a time and material basis for a total of $491,527. A task breakdown of this fee is provided on the attached table. We appreciate the opportunity to provide this proposal to McKim & Creed, and look forward to being part of the team to implement this key project for the City of Clearwater. Kind regards, Jeffrey Trommer Lead Hydrogeologist Reviewed By David A. Wiley P.G. Supervising Hydrogeologist XX/xx Encl. cc: Page 7 Project Cost Breakdown Task No. Task Description Fee 1 Project Management, Administration and Meetings $71,524 2 Data collection, Review, and Hydrogeologic Study Plan 2.1 Data Gaps Memorandum $9,224 2.2 Hydrogeologic Study Plan $20,466 3 Water Supply and Treatment System Evaluation 3.1 Well Evaluation, Testing and Acidization $111,120 3.7 Water Supply and Treatment System Evaluation Memorandum $5,116 4 Hydrogeologic Evaluations 4.1 Statistical Analysis and TM $63,120 4.2 Evaluate New Well Sites and TM $62,960 4.3 Well Field Management Plan Update $29,980 4.4 Evaluate Integration with Groundwater Replenishment and TM $25,088 5 Water Use Permit Modification $57,200 6 Evaluate Water Supply Options $12,005 9 Capital Improvement Plan $4,912 10 Water Supply and Treatment Master Plan $18,812 TOTAL $491,527 Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS RFQ #22-18 Water Supply and Treatment Master Plan Consulting Services March 20, 2018 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, May 10, 2018, to provide Consulting Services to develop a Water Supply and Treatment Master Plan. Brief Description: The City of Clearwater is seeking a Consultant to provide assessment, evaluation, and recommendations for improvements to optimize City water supply facilities, in the form of a Water Master Plan. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, including attachments and addenda are available for download at www.myclearwater.com/bid. Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Sr. Procurement Analyst: Lori Vogel, CPPB Sr. Procurement Analyst Lori.Vogel@myclearwater.com This Invitation to Bid is issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager Alyce.Benge@myclearwater.com INSTRUCTIONS Water Supply &Treatment Master Plan Cons. Svcs 2 RFQ #22-18 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1) - the Purchasing Manager. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading the solicitation no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: May 10, 2018 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted, and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting Purchasing. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City Purchasing Office as the official time. i.6 LOBBYING PROHIBITION. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City, including but not limited to the City Council, employees, and consultants hired to assist in the solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the solicitation until the City cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which ends the solicitation process. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. INSTRUCTIONS Water Supply &Treatment Master Plan Cons. Svcs 3 RFQ #22-18 This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. Violations of this provision shall be reported to the Purchasing Manager. Persons violating this prohibition may be subject to a warning letter or rejection of their response depending on the nature of the violation. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS Water Supply &Treatment Master Plan Cons. Svcs 4 RFQ #22-18 i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Purchasing Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager City of Clearwater 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Water Supply &Treatment Master Plan Cons. Svcs 5 RFQ #22-18 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (see Response Format, pages 11-12) Points Technical Expertise assessing hydrogeological conditions (brackish and freshwater) and developing computer models, planning documents, and CIPs for municipalities of similar nature, size and complexity, including references (Tab 2) 30 Experience and Professional Qualifications of the project manager and key team members, including sub-consultants (Tab 3)Pg 25 Project Understanding and Ability of Proposed Approach to Meet the Needs of the City (Tab 4) 25 Schedule to Complete the Master Plan including estimated number of hours per task, by personnel/position (Tab 5) 20 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may INSTRUCTIONS – EVALUATION Water Supply &Treatment Master Plan Cons. Svcs 6 RFQ #22-18 begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at http://www.myclearwater.com/bid to view Purchasing’s Intent to Award postings. i.21 RFP TIMELINE. All dates are tentative and subject to change. Release RFQ: March 20, 2018 Advertise Tampa Bay Times: March 22, 2018 Responses due: May 10, 2018 Review responses/presentations: May 29 – June 1, 2018 Award recommendation: June 8, 2018 Council authorization: July 16, 2018 Contract begins: August, 2018 DETAILED SPECIFICATIONS Water Supply &Treatment Master Plan Cons. Svcs 7 RFQ #22-18 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers and improving the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND. The City of Clearwater (City) is an incorporated municipality in Pinellas County, located on the central west coast of Florida between the Gulf of Mexico and Tampa Bay. The City is currently providing on average over 11 million gallons per day (GPD) of potable water to the city and unincorporated areas within its water service area. A significant portion of the water comes from the City’s own drinking water sources: forty-four (44) brackish/freshwater wells and three (3) water treatment plants (two [2] utilize reverse osmosis technology). The remaining water is purchased from Pinellas County water available via the interlocal agreement and six (6) interconnects. 3. SCOPE OF WORK. The purpose of the Water Supply and Treatment Master Plan is to assess hydrogeological conditions within the City’s water service areas and evaluate existing water supply systems (wellfields, raw water pipelines, water treatment plants, and future capital projects). The resulting Master Plan will include recommendations for improvements to optimize the City’s water supply and related facilities and a prioritized list of capital improvements projects. The Water Supply and Treatment Master Plan will be developed through a series of tasks/phases. A general overview of project goals includes: • Review of background information including an evaluation of the current condition of the system with respect to demands, system capacity, operations, and regulatory requirements • Preparation of a data gaps memorandum summarizing additional data the Consultant feels is required to develop a reasonably accurate depiction of the City’s underlying hydrogeologic conditions • Thorough evaluation of hydrogeological conditions within the city limits in efforts to identify various water quality characteristics in the aquifer(s) • Evaluate future demands based on growth projections and anticipated regulatory changes • Project future water quality and treatment requirements • Identify needed improvements and make recommendations, including potentially reusing previously abandoned well sites • Identify and evaluate water supply strategies to meet current and future demands, including, but not limited to, expansion of current supply and wholesale water purchases • Preparation of a Capital Improvement Plan based on recommended improvements and associated financial analysis • Preparation of the Water Supply and Treatment Master Plan Available Resources The following documents are accessible on the City’s FTP site: ftp://ftpserver.myclearwater.com Username: vendor Password: clearwater (lower case 'c') Directory: Purchasing File: RFQ #22-18 WATER SUPPLY AND TREATMENT MASTER PLAN CONSULTING SERVICES • City of Clearwater and Leggett, Brashears & Graham, Inc. 2012 Annual Water Report. (File: 2012 Annual Water Report) • City of Clearwater and Leggett, Brashears & Graham, Inc. 2013 Annual Water Report. (File: 2013 Annual Water Report) • City of Clearwater and Leggett, Brashears & Graham, Inc. 2014 Annual Water Report. (File: 2014 Annual Water Report) • City of Clearwater and Leggett, Brashears & Graham, Inc. FY 2014-2015 Annual Water Report. (File: 2015 Annual Water Report) DETAILED SPECIFICATIONS Water Supply &Treatment Master Plan Cons. Svcs 8 RFQ #22-18 • City of Clearwater and Leggett, Brashears & Graham, Inc. Fiscal Year 2016 Annual Water Report. (File: 2016 Annual Water Report) • Parsons Water and Infrastructure Inc. (October 2004). City of Clearwater Water Master Plan. (File: Clwtr Cap Imp Implementation MP Oct 2004) • Reiss Engineering. (August 2011). RO-2 Concentrate and Filter Backwash Management Evaluation. (File: Conc GST Final Memo _8_9_11) • Reiss Engineering. (July 2011). Hydraulic Grade Memo for RO-1 Concentrate to RO-2. (File: Final Hydraulic Grade Memo 7_15_11) • Reiss Engineering. (February 2011).Citywide Potable Water System Evaluation Report. (File: RevisedDraftCitywidePotableWaterSystemEvaluationReport 022811) • SDI Environmental Services, Inc. (March 2012). RO2 Impact Analysis Model Report (File: RO2 MODEL REPORT 032612) • SDI Environmental Services, Inc. (May 1996). Drilling, Testing, and Well Construction at City of Clearwater Well Sites 68M, 78, 79 and 81 and Geophysical Logs at Well Sites 48 and 67. (File: SDI Wells construction report May 1996) • SDI Environmental Services, Inc. (September 2009). Wellfield 2 Test Production Well Drilling Analysis Report (File: Test Production Well Drilling and Analysis Report Text, Tables, and Figures Sept2009) • Well Fields Location Map (file: Well Fields Map) • Water Use Permit ( file:WUP 18) Exhibit A – Professional Services Agreement is provided as an example of the resulting contract for the required services. 4. REQUIRED QUALIFICATIONS. Qualified firms will demonstrate the necessary ability, financial resources, and experience to perform the work in a satisfactory manner. The Consultant shall demonstrate a thorough understanding of data collection, hydrogeologic modeling and calibration, and cost estimating as related to developing capital planning and maintenance strategies for water supply and treatment systems of similar size and scope. 5. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any 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. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Contractor 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. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage 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. DETAILED SPECIFICATIONS Water Supply &Treatment Master Plan Cons. Svcs 9 RFQ #22-18 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. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. 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, the Contractor 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.” In addition, when requested in writing from the City, Contractor 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 Attn: Purchasing, RFQ #22-18 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. 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. MILESTONES Water Supply &Treatment Master Plan Cons. Svcs 10 RFQ #22-18 ANTICIPATED BEGINNING AND END OF CONTRACT TERM. August 2018 through August 2020. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 1. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT Water Supply &Treatment Master Plan Cons. Svcs 11 RFQ #22-18 1. RESPONSE SUBMISSION - Submit one (1) signed response (identified as ORIGINAL) along with five (5) copies, and one (1) electronic format copy on a disc or thumb drive, in a sealed envelope/container. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed twenty (22) total pages, including typed text, resumes, graphics, charts and photographs. The total page count does not include documents submitted for Tabs 6 and 7, the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). The cover letter should briefly introduce the Consultant and include: • A statement confirming that all information contained in the response is complete and accurate. • Signature from the firm’s principal certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project. • Contact information for the firm’s principal including email address and phone number. TAB 2 – Technical Expertise (30 points; eight [8] pages). Provide background about the firm and present an understanding of the Scope of Work to be provided and ability to provide such services. Identify any subconsultants that the firm would use to complete the work including the name of the firm, key staff, and relevant project experience. • Information for three (3) projects, preferably within the last 10 years, for which Consultant has provided closely related services to this Scope of Services. Project descriptions shall identify any change order(s) to the original agreement. • Provide client references for the three (3) selected projects including contact name, mailing address, email address, and phone number. TAB 3 – Experience and Professional Qualifications (25 points; six [6] pages). Describe the firm’s professional background, experience with similar projects, and qualifications of key personnel proposed to work on the project. Include an organization chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. Include resumes for key team members (including subconsultants) demonstrating specific project experience relevant to the project. Include the expected amount of involvement for each consultant team member. Any changes in key personnel after the contract award must be approved by the City. TAB 4 – Project Methodology (25 points; four [4] pages). Demonstrate project understanding and planned approach to complete the scope of work. Provide a proposed work plan by task, complementary to the schedule provided in Tab 5. TAB 5 – Schedule (20 points; two [2] pages up to 11”x17”). Provide an estimated schedule of tasks to complete the scope of work, including estimated number of hours per task, by personnel/position, complementary to the work plan provided in Tab 4. TAB 6 – Litigation. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. RESPONSE FORMAT Water Supply &Treatment Master Plan Cons. Svcs 12 RFQ #22-18 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 – Other Forms. The following forms should be completed and submitted: • Exceptions, Additional Materials, Addenda form • Company Information form • Response Certification form • Copy of current Florida Department of Business and Professional Regulation’s License • If the firm is a corporation, a copy of the current Florida Corporation Registration • Include a fully completed, most current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Water Supply &Treatment Master Plan Cons. Svcs 13 RFQ #22-18 Respondents shall indicate any, and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/bid prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION Water Supply &Treatment Master Plan Cons. Svcs 14 RFQ #22-18 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION Water Supply &Treatment Master Plan Cons. Svcs 15 RFQ #22-18 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Water Supply &Treatment Master Plan Cons. Svcs 16 RFQ #22-18 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #22-18, Water Master Plan Consulting Services Due Date: May 10, 2018, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #22-18, Water Master Plan Consulting Services Due Date: May 10, 2018, at 10:00 A.M. City of Clearwater Attn: Purchasing 100 So Myrtle Ave, 3rd Floor Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5459 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Authorize a purchase order to American Guard Services, of Tampa, Florida, in a not-to-exceed annual amount of $33,250, including two, one-year renewal terms at the City’s discretion, and authorize the appropriate officials to execute same. (consent) SUMMARY: During the December 3rd work session for the City Council, Engineering Parking Systems presented a request to approve a purchase order to American Guard Services (AGS), in the amount of $33,250, for after-hour patrols of three downtown parking garages, from 11 pm until 6 am, Monday through Friday. AGS’s hourly rates are the result of Request for Proposals #01-18, Security Services, issued in December 2017 and originally awarded in February 2018, for security services for facilities citywide. Parking has brought this item back for approval with the following responses to City Council inquiries. At City Council’s recommendation, Parking Systems proposes to try this service for a year and provide statistical feedback in the form of documented incident reports. Council questioned whether Clearwater Police Department (CPD) could provide this service as part of their patrol routine. Comments on this follow. CPD conducts extra patrols of the Garden Avenue, Station Square and Municipal Services garages on occasion; it is sporadic, generally self-initiated or based on issues reported to CPD. Based on the nature of the concerns (e.g., transients, skateboarders), staffing regular patrols would not be a cost-effective use of a sworn police officer. Three garages, at 20 minutes walking the garage, CPD would have an officer spending the entire overnight shift patrolling the garages. The CPD Downtown Bicycle Team checks the Garden Avenue and Station Square parking garages two to three times per week in the morning as part of their normal duties. They do not normally check the Municipal Services garage since officers and staff access that garage regularly throughout the day and night. Officers also respond to all three of the garages for general calls for service / complaints. CPD supports the hiring of unarmed security guards as a cost-effective method of addressing the non-criminal issues occurring in the garages and this solution is more aligned with the old parking guard program. APPROPRIATION CODE AND AMOUNT: 4351333-530300 $33,250 Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#18-5459 Funds are available in cost code 530300, Other Contractual Services, to fund this purchase order in FY2019 and will be included in FY2020 and 2021 Parking System Operating Budgets at $33,250 per year. Page 2 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5514 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Award construction contracts for the 2018 Sewer Point Repairs and Improvements project (17-0060-UT) in the amount of $1,400,000 for an initial one-year term with an option for three renewal terms on a unit price basis to the following vendors: EnviroWaste Services Group, Inc. of Miami, FL, Engineered Spray Solutions, LLC of Lakeland, FL, and USSI, LLC of Venice, FL, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has initiated a comprehensive maintenance program to clean, inspect, rehabilitate and repair existing sanitary sewer pipelines and manholes throughout the City of Clearwater. These proposed contracts will improve the integrity of the sanitary sewer system and minimize inflow and infiltration of groundwater and stormwater. Bids for 2018 Sewer Point Repairs and Improvements, Sections B, D4 and F, were reviewed by city staff, who recommend award to the lowest responsible bids received in accordance with plans and specifications. EnviroWaste Services Group, Inc. will be contracted to perform sanitary sewer cleaning and closed-circuit television (CCTV) visual inspection of sewer pipes for an amount not to exceed $750,000.00 per one-year term. Engineered Spray Solutions, LLC will be contracted to perform manhole surfacing with a protective polyurethane coating for an amount not to exceed $400,000.00 per one-year term. USSI, LLC will be contracted to perform smoke and dye testing on the sanitary sewer system for an amount not to exceed $250,000.00 per one-year term. The City of Clearwater will direct contractors to high priority areas as established in the Public Utilities Department Capital Improvement Plan, the Waste Water Collection System Master Plan, and ongoing inflow and infiltration investigations. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the wastewater collection system including all gravity sewer, force main pipelines and manholes that convey raw sewage to lift stations and/or City Water Reclamation Facilities. APPROPRIATION CODE AND AMOUNT: 3277327-546900-96665 $750,000 3277327-546900-96665 $400,000 3277327-546900-96665 $250,000 First quarter budget amendments will provide transfers from Utility Renewal and Replacement Projects in amounts of $2,127,553.61 from 96218, Feasibility Studies/Evaluations - Sewer System, and $500,000.00 from 96634, Sanitary Utility Relocation, to 96665, Sanitary Sewer R & R, to fund these contracts. Funding of $1,400,000 will be included in FY2020 through FY2022 Capital Improvement Project budgets and Utility Renewal and Replacement Project budgets to renew these contracts each year. Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#18-5514 Page 2 City of Clearwater Printed on 1/17/2019 BID OPENING DATE: December 13, 2018 AWARD DATE: January 17, 2018 PROJECT MANAGER: Jeff Walker P.E. Contractor SECTION B Sewer Cleaning & Television Inspection and CCTV Pipe & Manhole Inspection SECTION D4 Manhole Surfacing - Polyurethane SECTION F Smoke and Dye Testing Envirowaste Services Group Inc.$ 1,657, 380.15 Granite Inliner LLC 1,999,237.50$ TV Diversified LLC 2,794,845.00$ VacVision Environmental LLC 5,918,550.00$ Engineered Spray Solutions LLC 4,552,450.00$ Envirowaste Services Group Inc. 171,500.00$ USSI LLC 150,000.00$ TV Diversified LLC 260,000.00$ VacVision Environmental LLC 195,000.00$ Engineered Spray Solutions LLC 247,040.00$ Apparent Low Bidder - Section B Envirowaste Services Group LLC Apparent Low Bidder - Section D4 Engineered Spray Solutions LLC Apparent Low Bidder - Section F USSI LLC BID TABULATIONS SYNOPSIS PROJECT NAME & #: 2018 SEWER POINT REPAIR AND IMPROVEMENTS PROJECT #17-0060-UT (Section B, D4 and Section F) 1 1. Sewer Line Cleaning ITEM DESCRIPTION UNIT EST. QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL a. Mobilization/Demobilization including Traffic Control LS/WO 10 $ 0.01 $ 0.10 $ 200.00 $ 2,000.00 $ 1,500.00 $ 15,000.00 $ 1,000.00 $ 10,000.00 c. Heavy Cleaning from Right of Way 8”-10” Diameter LF 2,000 $ 2.50 $ 5,000.00 $ 2.00 $ 4,000.00 $ 2.50 $ 5,000.00 $ 4.00 $ 8,000.00 12”-15” Diameter LF 250 $ 6.00 $ 1,500.00 $ 3.00 $ 750.00 $ 3.00 $ 750.00 $ 6.00 $ 1,500.00 16”-24” Diameter LF 250 $ 8.00 $ 2,000.00 $ 5.00 $ 1,250.00 $ 4.00 $ 1,000.00 $ 8.00 $ 2,000.00 30”-36” Diameter LF 500 $ 10.00 $ 5,000.00 $ 8.00 $ 4,000.00 $ 5.00 $ 2,500.00 $ 15.00 $ 7,500.00 d. Root Removal 8”-10” Diameter LF 200 $ 10.00 $ 2,000.00 $ 5.00 $ 1,000.00 $ 8.00 $ 1,600.00 $ 5.00 $ 1,000.00 12”-15” Diameter LF 25 $ 12.00 $ 300.00 $ 3.50 $ 87.50 $ 9.00 $ 225.00 $ 10.00 $ 250.00 16”-24” Diameter LF 25 $ 14.00 $ 350.00 $ 4.00 $ 100.00 $ 10.00 $ 250.00 $ 20.00 $ 500.00 30”-36” Diameter LF 10 $ 18.00 $ 180.00 $ 5.00 $ 50.00 $ 12.00 $ 120.00 $ 30.00 $ 300.00 e. Heavy Cleaning from Side and/or Rear Easements 8”-10” Diameter LF 150,000 $ 0.01 $ 1,500.00 $ 0.50 $ 75,000.00 $ 3.00 $ 450,000.00 $ 5.00 $ 750,000.00 12”-15” Diameter LF 25,000 $ 0.01 $ 250.00 $ 0.01 $ 250.00 $ 4.00 $ 100,000.00 $ 7.50 $ 187,500.00 16”-24” Diameter LF 25,000 $ 0.01 $ 250.00 $ 0.01 $ 250.00 $ 5.00 $ 125,000.00 $ 15.00 $ 375,000.00 30”-36” Diameter LF 50,000 $ 0.01 $ 500.00 $ 0.01 $ 500.00 $ 6.00 $ 300,000.00 $ 30.00 $ 1,500,000.00 f. Tuberculation Cleaning 8”-10” Diameter LF 200 $ 10.00 $ 2,000.00 $ 5.00 $ 1,000.00 $ 12.00 $ 2,400.00 $ 10.00 $ 2,000.00 12”-15” Diameter LF 200 $ 15.00 $ 3,000.00 $ 6.00 $ 1,200.00 $ 12.50 $ 2,500.00 $ 20.00 $ 4,000.00 16”-24” Diameter LF 200 $ 20.00 $ 4,000.00 $ 7.00 $ 1,400.00 $ 14.00 $ 2,800.00 $ 30.00 $ 6,000.00 30”-36” Diameter LF 200 $ 25.00 $ 5,000.00 $ 8.00 $ 1,600.00 $ 16.00 $ 3,200.00 $ 40.00 $ 8,000.00 g. Manhole Clean/Jet-vac EA 5000 $ 0.01 $ 50.00 $ 0.01 $ 50.00 $ 150.00 $ 750,000.00 $ 285.00 $ 1,425,000.00 TOTAL SECTION B1 =32,880.10$ 94,487.50$ 1,762,345.00$ 4,288,550.00$ 2. CCTV pipe and manhole inspection with PACP/CUES Granite XP compatibility a. Mobilization/Demobilization including Traffic Control LS/WO 5 $ 0.01 $ 0.05 $ 200.00 $ 1,000.00 $ - $ - $ 1,500.00 $ 7,500.00 c. CCTV pipe inspection - includes light cleaning $ - 8”-10” Diameter LF 750,000 $ 1.45 $ 1,087,500.00 $ 1.50 $ 1,125,000.00 $ 1.00 $ 750,000.00 $ 1.50 $ 1,125,000.00 12”-15” Diameter LF 50,000 $ 1.95 $ 97,500.00 $ 2.50 $ 125,000.00 $ 1.00 $ 50,000.00 $ 2.00 $ 100,000.00 16”-24” Diameter LF 25,000 $ 3.00 $ 75,000.00 $ 3.00 $ 75,000.00 $ 1.00 $ 25,000.00 $ 2.50 $ 62,500.00 30”-36” Diameter LF 50,000 $ 4.00 $ 200,000.00 $ 8.00 $ 400,000.00 $ 1.00 $ 50,000.00 $ 3.00 $ 150,000.00 d. Manhole Inspection EA 100 $ 100.00 $ 10,000.00 $ 100.00 $ 10,000.00 $ 75.00 $ 7,500.00 $ 125.00 $ 12,500.00 TOTAL SECTION B2 =1,470,000.05$ 1,736,000.00$ 882,500.00$ 1,457,500.00$ 3. Miscellaneous Budget Mark Up (%)Mark Up (%)Mark Up (%)Mark Up (%) a. Miscellaneous Charges LS 150,000 3% $ 154,500.00 13% $ 168,750.00 0% $ 150,000.00 15% $ 172,500.00 TOTAL SECTION B (sum of B1, B2 & B3) = 1,657,380.15$ 1,999,237.50$ 2,794,845.00$ 5,918,550.00$ 2018 SEWER POINT REPAIR AND IMPROVEMENTS (PROJECT # 17-0060-UT) Envirowaste Services Group Inc. LLC 18001 Old Cutler Rd. Ste. 554 Palmetto Bay, FL 33157 Granite Inliner LLC 2531 Jewett Lane Sanford, FL 32771 TV Diversified LLC 1530 53rd St. West Palm Beach, FL 33407 VacVision Environmental LLC 10200 US HWY 92 E. Tampa, FL 33610 B. Sewer Cleaning and Televising Inspection Addendum 3, Date 6/29/18 1 Coating Product: Spraywall ITEM DESCRIPTION UNIT EST. QUANTITY UNIT PRICE TOTAL a. Mobilization/Demobilization including Traffic Control LS/WO 3 $ 1,150.00 $ 3,450.00 c1. Liner system for 4’ diameter manhole-125 MILS VF 1500 $ 309.00 $ 463,500.00 c2. Liner System for 4' diamenter manhole-250 MILS VF 1500 $ 416.00 $ 624,000.00 d1. Liner system for 5’diameter manhole-125 MILS VF 1500 $ 380.00 $ 570,000.00 d2. Liner System for 5' diamenter manhole-250 MILS VF 1500 $ 521.00 $ 781,500.00 e1. Liner system for 6’diameter manhole-125 MILS VF 1500 $ 466.00 $ 699,000.00 e2. Liner System for 6' diamenter manhole-250 MILS VF 1500 $ 605.00 $ 907,500.00 f. Bench/invert Repair - Replacement EA 70 $ 250.00 $ 17,500.00 g. Injection grouting as required to stop infiltration and inflow GAL 1000 $ 105.00 $ 105,000.00 h. Manhole clean/jet-vac EA 40 $ 50.00 $ 2,000.00 i. Remove existing liner for 4’ diameter manhole VF 150 $ 50.00 $ 7,500.00 j. Remove existing liner for 5’ diameter manhole VF 150 $ 60.00 $ 9,000.00 k. Remove existing liner for 6’ diameter manhole VF 150 $ 70.00 $ 10,500.00 l. Reset/Adjust Frame and Cover EA 25 $ 950.00 $ 23,750.00 m. Replace Frame and Cover EA 150 $ 1,140.00 $ 171,000.00 n. Seal manhole frame to corbel connection EA 150 $ 385.00 $ 57,750.00 o. Rear easement access EA 30 $ 250.00 $ 7,500.00 Miscellaneous Budget Mark Up (%) a. Miscellaneous Charges LS 80,000 15% $ 92,000.00 TOTAL SECTION D4 = $ 4,552,450.00 Engineered Spray Solutions LLC 1306 Banana Rd. Lakeland, FL 33810 2018 SEWER POINT REPAIR AND IMPROVEMENTS (PROJECT 17-0060-UT) D.4 Manhole Surfacing - Polyurethane Addendum 3, Date 6/29/18 1 Item Description UNIT EST. QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL a. Smoke Testing of Sewer LF 250,000 $ 0.45 $ 112,500.00 $ 0.36 $ 90,000.00 $ 0.75 $ 187,500.00 $ 0.50 $ 125,000.00 $ 0.65 $ 162,500.00 b. Dye Tracing of Sewer EA 20 $ 250.00 $ 5,000.00 $ 250.00 $ 5,000.00 $ 500.00 $ 10,000.00 $ 350.00 $ 7,000.00 $ 1,058.00 $ 21,160.00 c. Dye Flooding of Sewer EA 5 $ 500.00 $ 2,500.00 $ 1,000.00 $ 5,000.00 $ 2,500.00 $ 12,500.00 $ 1,100.00 $ 5,500.00 $ 1,176.00 $ 5,880.00 Miscellaneous Budget Mark Up (%)Mark Up (%)Mark Up (%)Mark Up (%)Mark Up (%) a. Miscellaneous Charges LS 50,000 3% $ 51,500.00 0% $ 50,000.00 0% $ 50,000.00 15% $ 57,500.00 15% $ 57,500.00 TOTAL SECTION F = $ 171,500.00 $ 150,000.00 $ 260,000.00 $ 195,000.00 $ 247,040.00 VacVision Environmental LLC 10200 US Hwy 92 E Tampa, FL 33610 Engineered Spray Solutions LLC 1306 Banana Road Lakeland, FL 33810 2018 SEWER POINT REPAIR AND IMPROVEMENTS (PROJECT # 17-0060-UT) F. Smoke And Dye Testing Envirowaste Services Group Inc. 18001 Old Cutler Rd. Ste 554 Palmetto Bay, FL 33157 USSI LLC 752 Commerce Dr. Ste 15 Venice, FL 34292 TV Diversified LLC 1530 53rd St. West Palm Beach, FL 33407 Addendum 3, Date 6/29/18 1 SECTION V Page i Updated: 10/12/2018 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 ....................................................................................................................... 16 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 19 SECTION V – Contract Documents SECTION V Page 1 of 19 Updated: 10/12/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND N/A Not applicable. A bond will not be required for this project 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 Envirowaste Services Group, Inc. 18001 Old Cutler Rd. Ste 554 Palmetto Bay, FL 33157 305-637-9665 [name] [principal business address] [phone number] City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements (Section B) PROJECT NO.: 17-0060-UT PROJECT DESCRIPTION: To establish a multi-year contract for as-needed services for Wastewater infrastructure improvements and repairs. 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 $ 750,000.00 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 2018 Sanitary Sewer Point Repair & Improvements Project # 17-0060-UT, the contractdocuments 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, TechnicalSpecifications and Appendix, and such alterations as may be made in said Plans and Specificationsas 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 19 Updated: 10/12/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND N/A Not applicable – A bond will not be required for this project 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; and4.To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, theirofficers 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 intentionalwrongful misconduct of Contractor and persons employed or utilized by Contractor in theperformance of the construction contract; and5.Performs the guarantee of all work and materials furnished under the contract for the time specifiedin 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 thenotice 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 anyformalities connected with the contract or the changes does not affect Surety’s obligation underthis bond, and Surety does hereby waive notice of any such change, extension of time, alteration oraddition 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). Envirowaste Services Group, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 3 of 19 Updated: 10/12/2018 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 Envirowaste Services Group Inc., of the City of Palmetto Bay, County of Miami-Dade 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: 2018 Sanitary Sewer Point Repair & Improvements (Section B) PROJECT NO.: 17-0060-UT in the amount, not to exceed, of $ 750,000.00 for the initial contract term 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 19 Updated: 10/12/2018 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 19 Updated: 10/12/2018 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 “publicagency”) 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 agencywith a copy of the requested records or allow the records to be inspected or copied within areasonable time at a cost that does not exceed the cost provided for in Chapter 119, FloridaStatutes, 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 recordsdisclosure requirements are not disclosed except as authorized by law for the duration of thecontract term and following completion of the contract if the contractor does not transfer therecords to the public agency.d) Upon completion of the contract , transfer, at no cost, to the public agency all public records inpossession 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 uponcompletion of the contract, the contractor shall destroy any duplicate public records that areexempt or confidential and exempt from public records disclosure requirements. If thecontractor keeps and maintains public records upon completion of the contract, the contractorshall meet all applicable requirements for retaining public records. All records storedelectronically must be provided to the public agency, upon request from the public agency’scustodian of public records, in a format that is compatible with the information technologysystems of the public agency.e) A request to inspect or copy public records relating to a public agency’s contract for servicesmust be made directly to the public agency. If the public agency does not possess the requestedrecords, the public agency shall immediately notify the contractor of the request and thecontractor must provide the records to the public agency or allow the records to be inspected orcopied within a reasonable time.f)The contractor hereby acknowledges and agrees that if the contractor does not comply with thepublic agency’s request for records, the public agency shall enforce the contract provisions inaccordance with the contract.g)A contractor who fails to provide the public records to the public agency within a reasonabletime 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 publicrecords request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 6 of 19 Updated: 10/12/2018 CONTRACT (4) 2.At least 8 business days before filing the action, the plaintiff provided written notice of thepublic records request, including a statement that the contractor has not complied with therequest, 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 publicrecords and to the contractor at the contractor’s address listed on its contract with the publicagency or to the contractor’s registered agent. Such notices must be sent by common carrierdelivery service or by registered, Global Express Guaranteed, or certified mail, with postage orshipping paid by the sender and with evidence of delivery, which may be in an electronicformat.j)A contractor who complies with a public records request within 8 business days after the noticeis sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 19 Updated: 10/12/2018 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements Engineering Dept. PROJECT NO.: 17-0060-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: Envirowaste Services Group 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 Envirowaste Services Group Inc. 18001 Old Cutler Rd. Ste 554 Palmetto Bay, FL 33157 ,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): SECTION V Page i Updated: 10/12/2018 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 ....................................................................................................................... 16 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 19 SECTION V – Contract Documents SECTION V Page 1 of 19 Updated: 10/12/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND N/A Not applicable. A bond will not be required for this project 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 Engineered Spray Solutions LLC 1306 Banana Rd. Lakeland, FL 33810 863-577-4821 [name] [principal business address] [phone number] City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements (Section D4) PROJECT NO.: 17-0060-UT PROJECT DESCRIPTION: To establish a multi-year contract for as-needed services for Wastewater infrastructure improvements and repairs. 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 $ 400.000.00, 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 2018 Sanitary Sewer Point Repair & Improvements Project # 17-0060-UT, the contractdocuments 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, TechnicalSpecifications and Appendix, and such alterations as may be made in said Plans and Specificationsas 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 19 Updated: 10/12/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND N/A Not applicable – A bond will not be required for this project 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; and4.To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, theirofficers 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 intentionalwrongful misconduct of Contractor and persons employed or utilized by Contractor in theperformance of the construction contract; and5.Performs the guarantee of all work and materials furnished under the contract for the time specifiedin 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 thenotice 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 anyformalities connected with the contract or the changes does not affect Surety’s obligation underthis bond, and Surety does hereby waive notice of any such change, extension of time, alteration oraddition 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). Engineered Spray Solutions, LLC 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 19 Updated: 10/12/2018 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 Engineered Spray Solutions, LLC, of the City of Lakeland, County of Polk, 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: 2018 Sanitary Sewer Point Repair & Improvements (Section D4) PROJECT NO.: 17-0060-UT in the amount, not to exceed, of $400,00.00 for the initial contract term 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 19 Updated: 10/12/2018 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 19 Updated: 10/12/2018 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 “publicagency”) 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 agencywith a copy of the requested records or allow the records to be inspected or copied within areasonable time at a cost that does not exceed the cost provided for in Chapter 119, FloridaStatutes, 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 recordsdisclosure requirements are not disclosed except as authorized by law for the duration of thecontract term and following completion of the contract if the contractor does not transfer therecords to the public agency.d) Upon completion of the contract , transfer, at no cost, to the public agency all public records inpossession 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 uponcompletion of the contract, the contractor shall destroy any duplicate public records that areexempt or confidential and exempt from public records disclosure requirements. If thecontractor keeps and maintains public records upon completion of the contract, the contractorshall meet all applicable requirements for retaining public records. All records storedelectronically must be provided to the public agency, upon request from the public agency’scustodian of public records, in a format that is compatible with the information technologysystems of the public agency.e) A request to inspect or copy public records relating to a public agency’s contract for servicesmust be made directly to the public agency. If the public agency does not possess the requestedrecords, the public agency shall immediately notify the contractor of the request and thecontractor must provide the records to the public agency or allow the records to be inspected orcopied within a reasonable time.f)The contractor hereby acknowledges and agrees that if the contractor does not comply with thepublic agency’s request for records, the public agency shall enforce the contract provisions inaccordance with the contract.g)A contractor who fails to provide the public records to the public agency within a reasonabletime 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 publicrecords request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 6 of 19 Updated: 10/12/2018 CONTRACT (4) 2.At least 8 business days before filing the action, the plaintiff provided written notice of thepublic records request, including a statement that the contractor has not complied with therequest, 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 publicrecords and to the contractor at the contractor’s address listed on its contract with the publicagency or to the contractor’s registered agent. Such notices must be sent by common carrierdelivery service or by registered, Global Express Guaranteed, or certified mail, with postage orshipping paid by the sender and with evidence of delivery, which may be in an electronicformat.j)A contractor who complies with a public records request within 8 business days after the noticeis sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 19 Updated: 10/12/2018 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements Engineering Dept. PROJECT NO.: 17-0060-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: Engineered Spray Solutions, LLC 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 Engineered Spray Solutions, LLC 1306 Banana Rd. Lakeland, FL 33810 ,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): SECTION V Page i Updated: 10/12/2018 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 ....................................................................................................................... 16 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 19 SECTION V – Contract Documents SECTION V Page 1 of 19 Updated: 10/12/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND N/A Not applicable. A bond will not be required for this project 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 USSI LLC 752 Commerce Dr. Ste 15 Venice, FL 34942 941-926-2646 [name] [principal business address] [phone number] City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements (Section F) PROJECT NO.: 17-0060-UT PROJECT DESCRIPTION: To establish a multi-year contract for as-needed services for Wastewater infrastructure improvements and repairs. 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 $ 250.000.00, 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 2018 Sanitary Sewer Point Repair & Improvements Project # 17-0060-UT, the contractdocuments 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, TechnicalSpecifications and Appendix, and such alterations as may be made in said Plans and Specificationsas 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 19 Updated: 10/12/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND N/A Not applicable – A bond will not be required for this project 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; and4.To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, theirofficers 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 intentionalwrongful misconduct of Contractor and persons employed or utilized by Contractor in theperformance of the construction contract; and5.Performs the guarantee of all work and materials furnished under the contract for the time specifiedin 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 thenotice 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 anyformalities connected with the contract or the changes does not affect Surety’s obligation underthis bond, and Surety does hereby waive notice of any such change, extension of time, alteration oraddition 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). USSI, LLC 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 19 Updated: 10/12/2018 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 USSI, LLC, of the City of Venice, County of, Sarasota, 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: 2018 Sanitary Sewer Point Repair & Improvements (Section F) PROJECT NO.: 17-0060-UT in the amount, not to exceed, of $250,00.00 for the initial contract term 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 19 Updated: 10/12/2018 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 19 Updated: 10/12/2018 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 “publicagency”) 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 agencywith a copy of the requested records or allow the records to be inspected or copied within areasonable time at a cost that does not exceed the cost provided for in Chapter 119, FloridaStatutes, 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 recordsdisclosure requirements are not disclosed except as authorized by law for the duration of thecontract term and following completion of the contract if the contractor does not transfer therecords to the public agency.d) Upon completion of the contract , transfer, at no cost, to the public agency all public records inpossession 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 uponcompletion of the contract, the contractor shall destroy any duplicate public records that areexempt or confidential and exempt from public records disclosure requirements. If thecontractor keeps and maintains public records upon completion of the contract, the contractorshall meet all applicable requirements for retaining public records. All records storedelectronically must be provided to the public agency, upon request from the public agency’scustodian of public records, in a format that is compatible with the information technologysystems of the public agency.e) A request to inspect or copy public records relating to a public agency’s contract for servicesmust be made directly to the public agency. If the public agency does not possess the requestedrecords, the public agency shall immediately notify the contractor of the request and thecontractor must provide the records to the public agency or allow the records to be inspected orcopied within a reasonable time.f)The contractor hereby acknowledges and agrees that if the contractor does not comply with thepublic agency’s request for records, the public agency shall enforce the contract provisions inaccordance with the contract.g)A contractor who fails to provide the public records to the public agency within a reasonabletime 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 publicrecords request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 7 of 19 Updated: 10/12/2018 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements Engineering Dept. PROJECT NO.: 17-0060-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: Engineered Spray Solutions, LLC 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 USSI, LLC 752 Commerce Dr. Ste 15 Venice, FL 34292 ,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): SECTION V – Contract Documents SECTION V Page 8 of 19 Updated: 10/12/2018 PROPOSAL/BID BOND N/A – Not applicable – A bond will not be required for this project KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, ______________________ __________________________________ as Contractor, and _____________________________ ______________________________ as Surety, whose address is ___________________________ ____________________________________________________, are held and firmly bound unto the City of Clearwater, Florida, in the sum of ___________________________________________ Dollars ($_______________) (being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of ______________________ ____________________ as Contractor, and _______________________________________ as Surety, for work specified as: _____________________________________________________________ ____________________________________________________________________________________ all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Public Construction Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal/Bid Bond will be paid to the City as stipulated or liquidated damages. Principal must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual Signed this ______ day of ____________________, 20____. __________________________________________ Contractor __________________________________________ Principal By: _______________________________________ Title __________________________________________ __________________________________________ Surety The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5554 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Award a construction contract to David Nelson Construction Company of Clearwater, Florida, in the amount of $2,711,948.58 for the Seminole Street Boat Ramp / North Marina District Improvements (16-00020-PL), approve Engineer of Record (EOR) supplemental work order 2 to AECOM in the amount of $34,520 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Seminole boat ramp improvements were identified in the North Marina Master plan in 2016 as an opportunity to make upgrades and enhancements to the existing aging boat ramp site. This project includes a new green space park area, improved and expanded parking, new stormwater treatment, along with a waterfront promenade. There are planned elevated restrooms and floating transient day docks to be constructed simultaneous with this project under separate contract. David Nelson Construction Company was the lowest responsible bid from 5 qualified bids accepted by the City. April 21, 2016, the initial work order to EOR AECOM was approved by City Council for the design of the Seminole Street Boat Ramp / North Marina District improvements in the amount of $375,00. April 27, 2017, Supplemental work order 1 was approved by the City Manager for $18,100 to cover increased design costs for proposed restrooms. Supplemental work order 2 is for engineering services required during the construction phase for a new total work order value of $427,620. Construction duration is approximately nine months. APPROPRIATION CODE AND AMOUNT: ENGF180014-CONS-CNSTRC $2,711,948.58 ENGF180014-DSGN-PROSVC $ 34,520.00 Funds are available in capital improvement project ENGF180014, Seminole Boat Launch Improvements, to fund the construction contract and work order. Page 1 City of Clearwater Printed on 1/17/2019 SEMINOLE ST. BOAT RAMP/NORTH MARINA DISTRICT IMPROVEMENTS Seminole St. Boat Ramp/ North Marina District Improvements Project # 16-0020-PL BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Contractor Mobilization LS 1 217,734.87$ 217,734.87$ 260,000.00$ 260,000.00$ 175,000.00$ 175,000.00$ 250,000.00 250,000.00$ 290,000.00$ 290,000.00$ 2 Site Clearing and Grubbing LS 1 39,323.09$ 39,323.09$ 301,000.00$ 301,000.00$ 75,000.00$ 75,000.00$ 75,000.00 75,000.00$ 190,123.00$ 190,123.00$ 3 Remove Existing Concrete SY 525 14.48$ 7,602.00$ 12.00$ 6,300.00$ 7.00$ 3,675.00$ 15.00 7,875.00$ 15.00$ 7,875.00$ 4 Remove Existing Asphalt Pavement SY 6200 3.32$ 20,584.00$ 8.00$ 49,600.00$ 5.00$ 31,000.00$ 10.00 62,000.00$ 12.00$ 74,400.00$ 5 Remove Existing 6" Curb LF 1800 10.38$ 18,684.00$ 4.50$ 8,100.00$ 5.00$ 9,000.00$ 5.00 9,000.00$ 5.00$ 9,000.00$ 6 Remove Existing 12" x 12" Curb LF 325 9.58$ 3,113.50$ 6.00$ 1,950.00$ 8.00$ 2,600.00$ 5.00 1,625.00$ 5.00$ 1,625.00$ 7 Remove Existing Wodden Fencing (Playhouse Drive) LF 90 7.33$ 659.70$ 5.00$ 450.00$ 5.00$ 450.00$ 2.00 180.00$ 20.00$ 1,800.00$ 8 Demo Brick Paver Turnout (Playhouse) SF 110 11.99$ 1,318.90$ 14.00$ 1,540.00$ 7.00$ 770.00$ 5.00 550.00$ 10.00$ 1,100.00$ 9 Select Tree/Palm and All Exotic Vegetation Removal within Project Limits LS 1 2,500.00$ 2,500.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 115,000.00 115,000.00$ 45,000.00$ 45,000.00$ 10 Demo Water Service and Remove Water Fountain LS 1 1,639.79$ 1,639.79$ 400.00$ 400.00$ 830.00$ 830.00$ 1,500.00 1,500.00$ 750.00$ 750.00$ 11 Demo Water Service, Valve and Backflow Preventer LS 1 1,639.79$ 1,639.79$ 700.00$ 700.00$ 600.00$ 600.00$ 1,500.00 1,500.00$ 1,500.00$ 1,500.00$ 12 Remove Existing 6" Water Main LF 55 32.05$ 1,762.75$ 60.00$ 3,300.00$ 23.00$ 1,265.00$ 20.00 1,100.00$ 255.00$ 14,025.00$ 13 Remove Parking Meters EA 5 211.42$ 1,057.10$ 120.00$ 600.00$ 25.00$ 125.00$ 250.00 1,250.00$ 85.00$ 425.00$ 14 Remove and Dispose Existing Wheel Stops EA 44 74.50$ 3,278.00$ 15.00$ 660.00$ 25.00$ 1,100.00$ 1.00 44.00$ 45.00$ 1,980.00$ 15 Demo Retaining Wall LF 80 135.28$ 10,822.40$ 10.00$ 800.00$ 35.00$ 2,800.00$ 5.00 400.00$ 75.00$ 6,000.00$ 16 Demo Dumpster Enclosure LS 1 1,757.76$ 1,757.76$ 500.00$ 500.00$ 1,000.00$ 1,000.00$ 1,200.00 1,200.00$ 3,500.00$ 3,500.00$ 17 Remove and Dispose of Picnic Table EA 1 306.26$ 306.26$ 400.00$ 400.00$ 50.00$ 50.00$ 250.00 250.00$ 250.00$ 250.00$ 18 Demo Irrigation Controller LS 1 263.38$ 263.38$ 400.00$ 400.00$ 25.00$ 25.00$ 250.00 250.00$ 1,800.00$ 1,800.00$ 19 Demo Electric Vault EA 1 1,682.59$ 1,682.59$ 2,500.00$ 2,500.00$ 1,500.00$ 1,500.00$ 500.00 500.00$ 2,720.00$ 2,720.00$ 20 Demo Light Pole (Wooden Pole) EA 4 344.31$ 1,377.24$ 750.00$ 3,000.00$ 300.00$ 1,200.00$ 300.00 1,200.00$ 825.00$ 3,300.00$ 21 Demo Light Pole (Concrete Pole) EA 1 1,377.23$ 1,377.23$ 700.00$ 700.00$ 300.00$ 300.00$ 500.00 500.00$ 950.00$ 950.00$ 22 Remove or Relocate Existing Signs EA 70 159.85$ 11,189.50$ 55.00$ 3,850.00$ 110.00$ 7,700.00$ 175.00 12,250.00$ 75.00$ 5,250.00$ 23 Modify Existing Drainage Structure (Retrofit Manhole Lid) EA 2 1,375.55$ 2,751.10$ 3,600.00$ 7,200.00$ 2,700.00$ 5,400.00$ 3,500.00 7,000.00$ 2,800.00$ 5,600.00$ 24 Remove Drainage Structure EA 1 3,124.15$ 3,124.15$ 810.00$ 810.00$ 550.00$ 550.00$ 500.00 500.00$ 950.00$ 950.00$ 25 Remove 24" RCP Storm Pipe LF 65 57.30$ 3,724.50$ 32.00$ 2,080.00$ 25.00$ 1,625.00$ 30.00 1,950.00$ 45.00$ 2,925.00$ 26 Remove Existing Backflow Preventer & Hose Bibb (Boat Washdown) LS 1 1,557.26$ 1,557.26$ 400.00$ 400.00$ 700.00$ 700.00$ 500.00 500.00$ 392.00$ 392.00$ 27 Relocate Fish Cleaning Station EA 2 856.00$ 1,712.00$ 750.00$ 1,500.00$ 750.00$ 1,500.00$ 500.00 1,000.00$ 800.00$ 1,600.00$ 28 Relocate "Port O Pot" Dumping Station EA 1 842.37$ 842.37$ 1,300.00$ 1,300.00$ 750.00$ 750.00$ 2,500.00 2,500.00$ 1,965.00$ 1,965.00$ 29 Demo Pole Mounted Electric Box EA 1 793.09$ 793.09$ 400.00$ 400.00$ 350.00$ 350.00$ 250.00 250.00$ 4,742.00$ 4,742.00$ 30 Relocate Pay Station EA 2 895.84$ 1,791.68$ 2,300.00$ 4,600.00$ 1,500.00$ 3,000.00$ 1,500.00 3,000.00$ 444.50$ 889.00$ 31 Relocate Existing Camera Equipement to New Poles EA 1 946.02$ 946.02$ 3,300.00$ 3,300.00$ 1,500.00$ 1,500.00$ 15,000.00 15,000.00$ 4,149.00$ 4,149.00$ 32 Relocate Rock (CD 102) EA 1 383.40$ 383.40$ 300.00$ 300.00$ 40.00$ 40.00$ 500.00 500.00$ 315.00$ 315.00$ 33 2" Milling SY 14525 3.83$ 55,630.75$ 1.76$ 25,564.00$ 6.00$ 87,150.00$ 3.40 49,385.00$ 2.00$ 29,050.00$ 34 Erosion Control (BMPs & Monitoring) LS 1 114,916.35$ 114,916.35$ 5,600.00$ 5,600.00$ 15,000.00$ 15,000.00$ 15,000.00 15,000.00$ 26,000.00$ 26,000.00$ 35 Inlet Protection EA 15 387.78$ 5,816.70$ 90.00$ 1,350.00$ 150.00$ 2,250.00$ 150.00 2,250.00$ 118.50$ 1,777.50$ 36 Floating Turbidity Barrier LF 240 17.85$ 4,284.00$ 23.00$ 5,520.00$ 20.00$ 4,800.00$ 25.00 6,000.00$ 20.00$ 4,800.00$ 37 Silt Fencing LF 2500 5.32$ 13,300.00$ 1.15$ 2,875.00$ 1.50$ 3,750.00$ 2.00 5,000.00$ 3.00$ 7,500.00$ 38 Gravel Interceptor Berm EA 1 15,252.73$ 15,252.73$ 3,800.00$ 3,800.00$ 5,000.00$ 5,000.00$ 1,500.00 1,500.00$ 2,240.00$ 2,240.00$ 39 Tree Protection Fencing LF 1100 12.45$ 13,695.00$ 13.00$ 14,300.00$ 5.00$ 5,500.00$ 3.00 3,300.00$ 18.15$ 19,965.00$ 40 Earthwork, Embankment/Fill CY 500 44.14$ 22,070.00$ 30.00$ 15,000.00$ 35.00$ 17,500.00$ 35.00 17,500.00$ 25.00$ 12,500.00$ 41 Straight Curb LF 3000 48.13$ 144,390.00$ 30.00$ 90,000.00$ 20.00$ 60,000.00$ 25.00 75,000.00$ 23.00$ 69,000.00$ All American Concrete, Inc. 8770 Somerset Dr. Largo, FL 33770 Crisdel Group, Inc. 142 West Platt St. Tampa, FL 33606 David Nelson Construction Co. 3483 Alt. 19 Palm Harbor, FL 34683 MTM Contractors, Inc. 6550 53rd St. N. Pinellas Park, FL 33781 Pepper Contracting Services, Inc. 6920 Asphalt Ave. Tampa, FL 33614 SEMINOLE ST. BOAT RAMP/NORTH MARINA DISTRICT IMPROVEMENTS Seminole St. Boat Ramp/ North Marina District Improvements Project # 16-0020-PL BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT All American Concrete, Inc. 8770 Somerset Dr. Largo, FL 33770 Crisdel Group, Inc. 142 West Platt St. Tampa, FL 33606 David Nelson Construction Co. 3483 Alt. 19 Palm Harbor, FL 34683 MTM Contractors, Inc. 6550 53rd St. N. Pinellas Park, FL 33781 Pepper Contracting Services, Inc. 6920 Asphalt Ave. Tampa, FL 33614 42 Header Curb LF 435 80.16$ 34,869.60$ 39.00$ 16,965.00$ 20.00$ 8,700.00$ 22.00 9,570.00$ 26.00$ 11,310.00$ 43 Painted pavement markings, thermoplastic, blue, 6" wide LF 600 6.73$ 4,038.00$ 1.52$ 912.00$ 1.00$ 600.00$ 1.50 900.00$ 7.65$ 4,590.00$ 44 Painted pavement markings, thermoplastic, white, 6" wide LF 8250 2.92$ 24,090.00$ 1.52$ 12,540.00$ 1.00$ 8,250.00$ 1.50 12,375.00$ 7.65$ 63,112.50$ 45 Painted pavement markings, thermoplastic, white, 12" wide LF 500 5.58$ 2,790.00$ 4.54$ 2,270.00$ 2.00$ 1,000.00$ 5.00 2,500.00$ 12.75$ 6,375.00$ 46 Painted pavement markings, thermoplastic, white, 24" wide LF 65 8.25$ 536.25$ 7.26$ 471.90$ 4.00$ 260.00$ 7.00 455.00$ 25.50$ 1,657.50$ 47 Painted pavement markings, thermoplastic, white, message - arrows EA 14 177.66$ 2,487.24$ 145.00$ 2,030.00$ 150.00$ 2,100.00$ 150.00 2,100.00$ 445.00$ 6,230.00$ 48 Painted pavement markings, thermoplastic, yellow, 8" wide LF 450 2.98$ 1,341.00$ 2.07$ 931.50$ 2.00$ 900.00$ 2.50 1,125.00$ 8.90$ 4,005.00$ 49 Cocnrete Wheel Stop (6' Wide, Passenger Parking) EA 103 135.08$ 13,913.24$ 53.00$ 5,459.00$ 45.00$ 4,635.00$ 50.00 5,150.00$ 90.00$ 9,270.00$ 50 Cocnrete Wheel Stop (9' Wide, Boat Trailer Parking) EA 108 213.06$ 23,010.48$ 80.00$ 8,640.00$ 75.00$ 8,100.00$ 75.00 8,100.00$ 178.00$ 19,224.00$ 51 2" SP-12.5 Bituminous Pavement (Resurface) TO N 1600 182.80$ 292,480.00$ 130.00$ 208,000.00$ 150.00$ 240,000.00$ 115.00 184,000.00$ 123.50$ 197,600.00$ 52 1 1/2" SP-12.5 Bituminous Pavement (New) TO N 425 182.80$ 77,690.00$ 125.00$ 53,125.00$ 150.00$ 63,750.00$ 115.00 48,875.00$ 123.50$ 52,487.50$ 53 8" Crushed Concrete Base SY 5200 30.36$ 157,872.00$ 25.00$ 130,000.00$ 30.00$ 156,000.00$ 25.00 130,000.00$ 28.00$ 145,600.00$ 54 Regulatory Signage, R1-1, 30"x30" EA 3 380.69$ 1,142.07$ 275.00$ 825.00$ 250.00$ 750.00$ 275.00 825.00$ 533.50$ 1,600.50$ 55 Regulatory Signage, R1-5b, 36"x36" EA 1 380.69$ 380.69$ 275.00$ 275.00$ 350.00$ 350.00$ 300.00 300.00$ 533.50$ 533.50$ 56 Regulatory Signage, R5-1, 30"x30" EA 8 380.69$ 3,045.52$ 275.00$ 2,200.00$ 250.00$ 2,000.00$ 275.00 2,200.00$ 533.50$ 4,268.00$ 57 Regulatory Signage, R6-1L, 36"x12" EA 1 380.69$ 380.69$ 275.00$ 275.00$ 250.00$ 250.00$ 275.00 275.00$ 533.50$ 533.50$ 58 Regulatory Signage, OM4-3, 18"x18" EA 5 380.69$ 1,903.45$ 275.00$ 1,375.00$ 250.00$ 1,250.00$ 275.00 1,375.00$ 533.50$ 2,667.50$ 59 Accessible Parking Signage EA 13 380.69$ 4,948.97$ 275.00$ 3,575.00$ 350.00$ 4,550.00$ 300.00 3,900.00$ 533.50$ 6,935.50$ 60 Dumpster Enclosure with Gates (inc. Concrete Pad) LS 1 22,697.45$ 22,697.45$ 16,000.00$ 16,000.00$ 12,500.00$ 12,500.00$ 7,995.00 7,995.00$ 18,980.00$ 18,980.00$ 61 Concrete Sidewalk - Type 1 Finish Type A SF 0 -$ -$ -$ -$ -$ -$ 6.00 -$ -$ -$ 62 Concrete Sidewalk - Type 1 Finish Type B SF 10600 17.13$ 181,578.00$ 5.00$ 53,000.00$ 4.00$ 42,400.00$ 5.00 53,000.00$ 10.00$ 106,000.00$ 63 Concrete Sidewalk - Type 2 Finish Type A SF 9800 18.44$ 180,712.00$ 5.80$ 56,840.00$ 10.00$ 98,000.00$ 8.00 78,400.00$ 10.75$ 105,350.00$ 64 Concrete Sidewalk - Type 2 Finish Type B SF 2300 16.93$ 38,939.00$ 6.05$ 13,915.00$ 5.00$ 11,500.00$ 7.00 16,100.00$ 10.75$ 24,725.00$ 65 PVC Privacy Fence (White, 6' Ht.) LF 450 44.88$ 20,196.00$ 35.00$ 15,750.00$ 45.00$ 20,250.00$ 37.00 16,650.00$ 41.50$ 18,675.00$ 66 Aluminum Pedestrian Handrail LF 600 109.97$ 65,982.00$ 66.00$ 39,600.00$ 93.00$ 55,800.00$ 135.00 81,000.00$ 100.00$ 60,000.00$ 67 Retaining/Gravity Wall LF 470 465.81$ 218,930.70$ 195.00$ 91,650.00$ 140.00$ 65,800.00$ 225.00 105,750.00$ 250.00$ 117,500.00$ 68 Root Pruning (Existing Trees to Remain, Protected) LS 1 5,912.62$ 5,912.62$ 4,400.00$ 4,400.00$ 2,500.00$ 2,500.00$ 12,000.00 12,000.00$ 13,000.00$ 13,000.00$ 69 Sea Grape (Coccoloba Uvifera) - 30Gal EA 8 218.77$ 1,750.16$ 295.00$ 2,360.00$ 265.00$ 2,120.00$ 320.00 2,560.00$ 314.00$ 2,512.00$ 70 Silver Button Wood (Conocarpus Erectus Var. Sericeus) - 45Gal EA 15 413.88$ 6,208.20$ 660.00$ 9,900.00$ 600.00$ 9,000.00$ 650.00 9,750.00$ 710.00$ 10,650.00$ 71 Slash Pine (Pinus Elliotti 'Densa') - Fg EA 46 384.32$ 17,678.72$ 455.00$ 20,930.00$ 412.00$ 18,952.00$ 450.00 20,700.00$ 487.50$ 22,425.00$ 72 Southern Live Oak (Quercus Virginiana) - 65Gal EA 10 591.26$ 5,912.60$ 670.00$ 6,700.00$ 610.00$ 6,100.00$ 995.00 9,950.00$ 722.00$ 7,220.00$ 73 Silver Trumpet (Tabebuia Caraiba) - 45Gal EA 5 413.88$ 2,069.40$ 605.00$ 3,025.00$ 550.00$ 2,750.00$ 475.00 2,375.00$ 651.50$ 3,257.50$ 74 Pink Trumpet Tree (Tabebuia Impetiginosa) - 45Gal EA 4 473.01$ 1,892.04$ 605.00$ 2,420.00$ 550.00$ 2,200.00$ 475.00 1,900.00$ 651.50$ 2,606.00$ SEMINOLE ST. BOAT RAMP/NORTH MARINA DISTRICT IMPROVEMENTS Seminole St. Boat Ramp/ North Marina District Improvements Project # 16-0020-PL BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT All American Concrete, Inc. 8770 Somerset Dr. Largo, FL 33770 Crisdel Group, Inc. 142 West Platt St. Tampa, FL 33606 David Nelson Construction Co. 3483 Alt. 19 Palm Harbor, FL 34683 MTM Contractors, Inc. 6550 53rd St. N. Pinellas Park, FL 33781 Pepper Contracting Services, Inc. 6920 Asphalt Ave. Tampa, FL 33614 75 Bismarck Palm (Bismarckia Nobilis) - FG EA 8 147.82$ 1,182.56$ 2,500.00$ 20,000.00$ 2,261.00$ 18,088.00$ 3,995.00 31,960.00$ 2,680.00$ 21,440.00$ 76 Cabbage Palmetto (Sabal Palmetto) - FG, Regen. Roots & Leaves EA 123 177.38$ 21,817.74$ 576.00$ 70,848.00$ 524.00$ 64,452.00$ 750.00 92,250.00$ 621.00$ 76,383.00$ 77 Mule Palm (X Butiagrus Nabonnandii) - FG EA 5 236.50$ 1,182.50$ 985.00$ 4,925.00$ 895.00$ 4,475.00$ 1,295.00 6,475.00$ 1,061.00$ 5,305.00$ 78 Green Island Ficus (Ficus Microcarpa 'Green Island') - 3Gal EA 59 65.04$ 3,837.36$ 11.50$ 678.50$ 10.40$ 613.60$ 15.00 885.00$ 12.35$ 728.65$ 79 Pink Muhly (Muhlenbergia Capillaris) - 3Gal EA 900 53.21$ 47,889.00$ 10.00$ 9,000.00$ 9.20$ 8,280.00$ 15.00 13,500.00$ 10.90$ 9,810.00$ 80 Argentine Bahiagrass Sod (Paspalum Notatum 'Argentine') SF 47387 0.45$ 21,324.15$ 0.36$ 17,059.32$ 0.30$ 14,216.10$ 0.50 23,693.50$ 0.80$ 37,909.60$ 81 Washed, Crushed Shell - 3" Depth Min. SF 2526 1.33$ 3,359.58$ 2.80$ 7,072.80$ 2.60$ 6,567.60$ 1.50 3,789.00$ 3.50$ 8,841.00$ 82 Metal Edging (Crushed Shell Areas) LF 900 4.86$ 4,374.00$ 19.00$ 17,100.00$ 17.50$ 15,750.00$ 5.75 5,175.00$ 20.75$ 18,675.00$ 83 Oolite Bouders - Large (±4'L x ±4'W x ±3'H) EA 33 272.51$ 8,992.83$ 339.00$ 11,187.00$ 310.00$ 10,230.00$ 2,995.00 98,835.00$ 365.50$ 12,061.50$ 84 Oolite Bouders - Medium (±3'L x ±3'W x ±3'H) EA 34 340.26$ 11,568.84$ 215.00$ 7,310.00$ 200.00$ 6,800.00$ 1,850.00 62,900.00$ 231.50$ 7,871.00$ 85 Oolite Bouders - Small (±3'L x ±2'W x ±2'H) EA 38 309.77$ 11,771.26$ 127.00$ 4,826.00$ 115.00$ 4,370.00$ 995.00 37,810.00$ 136.00$ 5,168.00$ 86 Cypress Mulch - 3" Depth Min. (Does NOT include incidental mulch for shrub beds or tree rings) SF 2091 1.96$ 4,098.36$ 3.80$ 7,945.80$ 3.50$ 7,318.50$ 2.75 5,750.25$ 4.55$ 9,514.05$ 87 Irrigation System (inc. all connection and service fees during construction and establisment period) LS 1 109,974.67$ 109,974.67$ 71,500.00$ 71,500.00$ 45,000.00$ 45,000.00$ 75,000.00 75,000.00$ 54,070.00$ 54,070.00$ 88 1 1/2" SDR 9 PE Water Service LF 120 21.38$ 2,565.60$ 32.00$ 3,840.00$ 15.00$ 1,800.00$ 25.00 3,000.00$ 30.55$ 3,666.00$ 89 6" DIP Water Main LF 90 110.47$ 9,942.30$ 140.00$ 12,600.00$ 92.00$ 8,280.00$ 125.00 11,250.00$ 47.75$ 4,297.50$ 90 6" 11.25° Bend EA 1 953.11$ 953.11$ 850.00$ 850.00$ 420.00$ 420.00$ 550.00 550.00$ 251.50$ 251.50$ 91 6"x6" Tapping Sleeve and Valve w/ Box EA 2 5,373.78$ 10,747.56$ 3,600.00$ 7,200.00$ 5,650.00$ 11,300.00$ 3,800.00 7,600.00$ 6,726.00$ 13,452.00$ 92 Extend Water Service to Fish Cleaning Station LS 1 1,895.00$ 1,895.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 1,500.00 1,500.00$ 2,806.00$ 2,806.00$ 93 Relocate Water Meter/Backflow Preventer in 3'x2' Underground Concrete Vault EA 3 1,705.00$ 5,115.00$ 2,800.00$ 8,400.00$ 4,000.00$ 12,000.00$ 2,000.00 6,000.00$ 8,108.00$ 24,324.00$ 94 Remove Existing Fire Hydrant EA 1 2,116.00$ 2,116.00$ 300.00$ 300.00$ 690.00$ 690.00$ 750.00 750.00$ 1,115.00$ 1,115.00$ 95 New Fire Hydrant EA 1 5,351.00$ 5,351.00$ 4,050.00$ 4,050.00$ 4,500.00$ 4,500.00$ 4,875.00 4,875.00$ 4,562.00$ 4,562.00$ 96 1 1/4" SDR 18 PVC Sanitary Force Main (including all fittings and bends) LF 735 26.53$ 19,499.55$ 54.00$ 39,690.00$ 38.00$ 27,930.00$ 20.00 14,700.00$ 18.15$ 13,340.25$ 97 Core Drill and Connect to Existing Manhole (Sanitary) EA 1 9,113.51$ 9,113.51$ 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 1,500.00 1,500.00$ 2,049.00$ 2,049.00$ 98 15" RCP Storm LF 120 112.04$ 13,444.80$ 105.00$ 12,600.00$ 75.00$ 9,000.00$ 85.00 10,200.00$ 66.85$ 8,022.00$ 99 18" RCP Storm LF 240 71.80$ 17,232.00$ 103.00$ 24,720.00$ 88.00$ 21,120.00$ 102.00 24,480.00$ 75.90$ 18,216.00$ 100 12"x18" ERCP Storm LF 65 92.06$ 5,983.90$ 76.00$ 4,940.00$ 87.00$ 5,655.00$ 95.00 6,175.00$ 77.50$ 5,037.50$ 101 15" A2000 PVC LF 245 132.40$ 32,438.00$ 100.00$ 24,500.00$ 75.00$ 18,375.00$ 85.00 20,825.00$ 58.80$ 14,406.00$ 102 FDOT Type F Inlet EA 6 6,771.00$ 40,626.00$ 4,600.00$ 27,600.00$ 4,100.00$ 24,600.00$ 4,382.00 26,292.00$ 3,465.00$ 20,790.00$ 103 FDOT Type 1 Manhole EA 4 6,921.39$ 27,685.56$ 5,400.00$ 21,600.00$ 6,100.00$ 24,400.00$ 4,395.00 17,580.00$ 4,030.00$ 16,120.00$ 104 Type F Wing Inlet (Index 212) EA 2 3,109.00$ 6,218.00$ 5,900.00$ 11,800.00$ 5,500.00$ 11,000.00$ 5,975.00 11,950.00$ 6,144.00$ 12,288.00$ 105 Exfiltration Trench Group 1 LS 1 162,485.00$ 162,485.00$ 95,000.00$ 95,000.00$ 117,500.00$ 117,500.00$ 105,235.00 105,235.00$ 153,500.00$ 153,500.00$ 106 Exfiltration Trench Group 2 LS 1 108,740.00$ 108,740.00$ 55,000.00$ 55,000.00$ 65,500.00$ 65,500.00$ 58,900.00 58,900.00$ 101,400.00$ 101,400.00$ 107 Hydrodynamic Separator Unit LS 1 57,562.00$ 57,562.00$ 57,500.00$ 57,500.00$ 47,850.00$ 47,850.00$ 45,900.00 45,900.00$ 62,860.00$ 62,860.00$ 108 Core Drill and Connect to Existing Manhole/Inlet (Storm) EA 2 2,075.00$ 4,150.00$ 2,350.00$ 4,700.00$ 1,300.00$ 2,600.00$ 1,500.00 3,000.00$ 2,049.00$ 4,098.00$ 109 Pull boxes, , NEMA 3R, 24" L x 24" W x 10" D EA 24 1,142.00$ 27,408.00$ 633.00$ 15,192.00$ 550.00$ 13,200.00$ 975.00 23,400.00$ 695.00$ 16,680.00$ SEMINOLE ST. BOAT RAMP/NORTH MARINA DISTRICT IMPROVEMENTS Seminole St. Boat Ramp/ North Marina District Improvements Project # 16-0020-PL BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT All American Concrete, Inc. 8770 Somerset Dr. Largo, FL 33770 Crisdel Group, Inc. 142 West Platt St. Tampa, FL 33606 David Nelson Construction Co. 3483 Alt. 19 Palm Harbor, FL 34683 MTM Contractors, Inc. 6550 53rd St. N. Pinellas Park, FL 33781 Pepper Contracting Services, Inc. 6920 Asphalt Ave. Tampa, FL 33614 110 1" PVC Conduit (inc. all fittings and supports) LF 2650 16.33$ 43,274.50$ 12.10$ 32,065.00$ 10.00$ 26,500.00$ 25.00 66,250.00$ 13.30$ 35,245.00$ 111 2" PVC Conduit (inc. all fittings and supports) LF 425 17.70$ 7,522.50$ 18.70$ 7,947.50$ 15.00$ 6,375.00$ 35.00 14,875.00$ 20.55$ 8,733.75$ 112 Copper Wire, #10, in raceway LF 2650 1.42$ 3,763.00$ 5.75$ 15,237.50$ 4.00$ 10,600.00$ 10.00 26,500.00$ 6.30$ 16,695.00$ 113 Parking LED Luminaire EA 22 2,719.00$ 59,818.00$ 1,250.00$ 27,500.00$ 1,500.00$ 33,000.00$ 895.00 19,690.00$ 1,360.00$ 29,920.00$ 114 Light poles (anchor base, 30' high, inc. concrete bases) EA 20 3,990.00$ 79,800.00$ 3,125.00$ 62,500.00$ 5,000.00$ 100,000.00$ 3,875.00 77,500.00$ 3,435.00$ 68,700.00$ 115 Panelboards, 1-PH, 3W, MCB, 120/240 V, 225 amp, 30 circuits, incl 20 A 1 pole plug-in breakers EA 1 4,435.00$ 4,435.00$ 8,550.00$ 8,550.00$ 7,500.00$ 7,500.00$ 2,250.00 2,250.00$ 9,068.00$ 9,068.00$ 116 Lighting Contactor EA 1 1,478.15$ 1,478.15$ 2,000.00$ 2,000.00$ 5,000.00$ 5,000.00$ 995.00 995.00$ 2,190.00$ 2,190.00$ 117 Surge Protection Device EA 1 3,661.00$ 3,661.00$ 3,225.00$ 3,225.00$ 2,500.00$ 2,500.00$ 550.00 550.00$ 3,544.00$ 3,544.00$ 118 Electrical Identification, circuits, fixtures, breakers LS 1 567.00$ 567.00$ 1,650.00$ 1,650.00$ 2,500.00$ 2,500.00$ 1,500.00 1,500.00$ 1,814.00$ 1,814.00$ 119 Drinking Fountain EA 1 6,411.00$ 6,411.00$ 6,100.00$ 6,100.00$ 3,500.00$ 3,500.00$ 6,500.00 6,500.00$ 7,841.00$ 7,841.00$ 120 Shade Structure + Concrete Foundations EA 4 27,515.00$ 110,060.00$ 17,700.00$ 70,800.00$ 40,000.00$ 160,000.00$ 42,750.00 171,000.00$ 39,720.00$ 158,880.00$ 121 Pavement, tactile warning tiles SF 268 40.44$ 10,837.92$ 28.00$ 7,504.00$ 35.00$ 9,380.00$ 25.00 6,700.00$ 30.55$ 8,187.40$ 122 Removable Bollards EA 19 1,121.00$ 21,299.00$ 722.00$ 13,718.00$ -$ -$ 350.00 6,650.00$ 1,600.00$ 30,400.00$ SUBTOTAL-ITEMS 1 THRU 122 3,349,604.85$ 2,641,339.82$ 2,465,407.80$ 2,847,108.75$ 3,062,908.70$ 123 OWNERS 10% CONTINGENCY LS 1 334,960.49$ 334,960.49$ 264,133.98$ 264,133.98$ 246,540.78$ 246,540.78$ 284,710.88 284,710.88$ 306,290.87$ 306,290.87$ TOTAL CONSTRUCTION COST (ITEMS 1 THRU 123)3,684,565.34$ 2,905,473.80$ 2,711,948.58$ 3,131,819.63$ 3,369,199.57$ . NOTE: ALL QUANTITIES ARE APPROXIMATE. CONTRACTOR SHALL BE RESPOBSIBLE FOR VERIFICATION. Bid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. SECTION V Page i Updated: 10/12/2018 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 ....................................................................................................................... 18 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 19 SECTION V – Contract Documents SECTION V Page 1 of 19 Updated: 10/12/2018 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 David Nelson Construction Co. 3483 Alt. 19, Palm Harbor, FL 34683 727-784-7624 [name] [principal business address] [phone number] City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: Seminole St. Boat Ramp/North Marina District Improvement PROJECT NO.: 16-0020-PL PROJECT DESCRIPTION: The work includes: renovations & demolition to the existing boat trailer parking lot, construction of a 75 space parking lot and the redesign of an existing 158 space parking lot, stormwater upgrades and construction of a new mini-park. 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 $ 2,711,948.58, 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 constructionof Seminole St. Boat Ramp/North Marina District Improvements, the contract documentsbeing made a part of this bond by reference (which include the Advertisement for Bids, Proposal,Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, TechnicalSpecifications and Appendix, and such alterations as may be made in said Plans and Specificationsas 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 19 Updated: 10/12/2018 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; and4.To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, theirofficers 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 intentionalwrongful misconduct of Contractor and persons employed or utilized by Contractor in theperformance of the construction contract; and5.Performs the guarantee of all work and materials furnished under the contract for the time specifiedin 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 thenotice 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 anyformalities connected with the contract or the changes does not affect Surety’s obligation underthis bond, and Surety does hereby waive notice of any such change, extension of time, alteration oraddition 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). David Nelson Construction 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 19 Updated: 10/12/2018 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 David Nelson Construction Co., of the City of Palm Harbor, 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: Seminole St. Boat Ramp/North Marina District Improvement PROJECT NO.: 16-0020-PL in the amount of $ 2,711,948.58 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 19 Updated: 10/12/2018 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 19 Updated: 10/12/2018 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 “publicagency”) 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 agencywith a copy of the requested records or allow the records to be inspected or copied within areasonable time at a cost that does not exceed the cost provided for in Chapter 119, FloridaStatutes, 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 recordsdisclosure requirements are not disclosed except as authorized by law for the duration of thecontract term and following completion of the contract if the contractor does not transfer therecords to the public agency.d) Upon completion of the contract , transfer, at no cost, to the public agency all public records inpossession 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 uponcompletion of the contract, the contractor shall destroy any duplicate public records that areexempt or confidential and exempt from public records disclosure requirements. If thecontractor keeps and maintains public records upon completion of the contract, the contractorshall meet all applicable requirements for retaining public records. All records storedelectronically must be provided to the public agency, upon request from the public agency’scustodian of public records, in a format that is compatible with the information technologysystems of the public agency.e) A request to inspect or copy public records relating to a public agency’s contract for servicesmust be made directly to the public agency. If the public agency does not possess the requestedrecords, the public agency shall immediately notify the contractor of the request and thecontractor must provide the records to the public agency or allow the records to be inspected orcopied within a reasonable time.f)The contractor hereby acknowledges and agrees that if the contractor does not comply with thepublic agency’s request for records, the public agency shall enforce the contract provisions inaccordance with the contract.g)A contractor who fails to provide the public records to the public agency within a reasonabletime 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 publicrecords request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 6 of 19 Updated: 10/12/2018 CONTRACT (4) 2.At least 8 business days before filing the action, the plaintiff provided written notice of thepublic records request, including a statement that the contractor has not complied with therequest, 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 publicrecords and to the contractor at the contractor’s address listed on its contract with the publicagency or to the contractor’s registered agent. Such notices must be sent by common carrierdelivery service or by registered, Global Express Guaranteed, or certified mail, with postage orshipping paid by the sender and with evidence of delivery, which may be in an electronicformat.j)A contractor who complies with a public records request within 8 business days after the noticeis sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 19 Updated: 10/12/2018 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Seminole St. Boat Ramp/North Marina District Improvement Engineering Dept. PROJECT NO.: 16-0020-PL 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: David Nelson Construction Co. 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 David Nelson Construction Co. 3483 Alt. 19 Palm Harbor, FL 34683 ,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): DREW ST N MYRTLE AVE N GARDEN AVE VINE AVE JONES ST SEMINOLE ST CLEVELAND ST N OSCEOLA AVE ELDRIDGE ST N FORT HARRISON AVE LAURA ST PENNSYLVANIA AVE N MARTIN LUTHER KING, JR. AVE HART ST GROVE ST PALMETTO ST CEDAR ST PLAZA ST BLANCHE B LITTLEJOHN TRL METTO ST N EAST AVESUNSET DR SPRUCE AVE JURGENS ST N WASHINGTON AVE HENDRICKS ST NICHOLSON ST ROOSEVELT AVE LEE ST PALM BLUFF ST MAPLE ST GRANT ST ENGMAN ST CARLTON ST LA SALLE ST PADUA LN KNIGHTS ALYGEORGIA ST GRANT ST HART ST N OSCEOLA AVE NICHOLSON ST LOCATION MAP PROJECTLOCATION ^ ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD TM 277B 09-29s-15eMap Gen By:Reviewed By:S-T-R:Grid #:Date: Seminole Boat RampNorth Marina District Improvements 12/24/2018 Document Path: V:\GIS\Engineering\Location Maps\Seminole Boat Ramp.mxd ClearwaterHarbor N.T.S.Scale: WO Initiation Form.docx 1 of 6 12/27/2018 SUPPLEMENTAL WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: December 27, 2018 AECOM Project Number: 60506788 City Project Number: 16-0020-PL Plan Set Number: 2016022 1. PROJECT TITLE: Seminole Street Boat Ramp/North Marina Area Improvements 2. SCOPE OF SERVICES: This supplemental Work Order is for the Seminole Street Boat Ramp/North Marina Area Improvements Project Work Order (WO) dated May 2, 2016, and will supplement the design scope of the original WO. The additional scope included in this Supplemental WO includes Engineering Services during Construction requested by the City of Clearwater. Additional tasks include: TASK 1 – Shop Drawing Review and Response to Contractor’s Requests for Additional Information AECOM will review product shop drawings submitted by the Contractor for conformance to the Contract Drawings and the City of Clearwater Engineering and Technical Standards. The acceptability of substitute materials and equipment proposed by the Contractor will be reviewed, and recommendations made by AECOM to the City. AECOM shall respond to the Contractor’s RFIs which pertain to engineering and the technical aspects of the project. The City will respond to RFIs for questions of a contractual nature. It is anticipated that RFIs will be minor in nature and not require re- design or permitting efforts. WO Initiation Form.docx 2 of 6 12/27/2018 TASK 2 – Pre-Construction Conference AECOM will attend one (1) pre-construction conference to be conducted by the City and attended by the necessary parties including, contractors, subcontractors, and representatives of the various utilities and other related disciplines. TASK 3 - Construction Administration Services AECOM will provide the City qualified representation during the construction phase to address issues concerning the intent and interpretation of the construction drawings and documents prepared by AECOM. Should a changed condition be encountered in the field, and when requested by the City, AECOM will respond in a timely manner with suitable engineering solutions which take into account the changed conditions. From time to time during construction, AECOM may be requested by the City to review contractor proposed field changes or to respond with a recommended solution to remedy particular field situations not covered by the plans or specifications. Task 4 – Construction Document Review AECOM will review miscellaneous construction documents to include results of tests and inspections, compaction density reports, and other data which the Contractor is required to submit per the Contract Drawings and Specifications. The Contractor or the City will be responsible for material testing services by a qualified independent testing laboratory/firm. Task 5 – Site Reviews It is understood that the daily construction observation and administration services will be provided by the City’s staff. AECOM will assist the City's construction surveillance activities on an as-needed basis, at the request of the City. For the purpose of this proposal it is assumed that a maximum of one site visit per month will be conducted by AECOM. The site visits include travel time, field review and time for preparing memorandums summarizing the field reviews and submittal of memorandums to the City. Field reports will be prepared following each visit to record discussion items, progress of work, noted deficiencies, field conditions, etc. Task 6 – Final Field Review A punch list will be developed during a final walk-through with the Contractor, AECOM, City representatives, and other applicable entities. A comprehensive list of items requiring repair, modification, or replacement will be determined prior to performing a final walk-through. After the contractor completes the punch list, one (1) final walk- WO Initiation Form.docx 3 of 6 12/27/2018 through field review will be performed to verify the modifications and corrections have been completed. Task 7 – Record Drawings & Certifications AECOM will prepare Record Drawings based on certified as-built information supplied by the Contractor. The Contractor will be responsible for obtaining this information from a Registered Land Surveyor. AECOM will certify the project as complete to the City and other governmental authorities that issued permits for the project. Certifications will state that the work has been performed in accordance with the permit conditions and the approved plans. Certifications will be signed and sealed by a Registered Professional Engineer in the State of Florida. 3. PROJECT GOALS: The project goal is to provide construction phase services to the Client throughout the life of the construction of the project. Tasks in the original scope and supplemental Work Order #1 (100% Plans and Technical Specifications; Final Plans and Technical Specifications; and, Conceptual Restroom Study and Report) have been completed under their respective Scope of Services. 4. BUDGET: Attachment “B” provides the fee estimate detail. This price includes all labor and expenses anticipated to be incurred by AECOM for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis, for a fee not to exceed thirty four thousand five hundred and twenty dollars and no cents ($34,520.00). 5. SCHEDULE: The submittal schedule presented with this Supplemental WO supersedes the schedule from the original WO dated May 2, 2016. The project schedule will be for 270 calendar days which will commence 60 days from the City’s Notice to Proceed to the Contractor. 6. STAFF ASSIGNMENT (Consultant): Officer-in-Charge: Randy Mejeur Project Manager: Dennis Syrja 7. CORRESPONDENCE/REPORTING PROCEDURES: Engineer’s project correspondence shall be directed to Michael Delk, City of Clearwater. All City project correspondence shall be directed to Dennis Syrja with copies to others as may be appropriate. WO Initiation Form.docx 4 of 6 12/27/2018 8. INVOICING/FUNDING PROCEDURES: Invoices for work performed shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Kimberly Feeney, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. City Invoicing Code: 0315-96173-561200-539-000-0000 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: A. 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, previous 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: ________________________ ________________________ Randy Mejeur D. Scott Rice P.E. Vice President City Engineer AECOM City of Clearwater ___________________ ___________________ Date Date WO Initiation Form.docx 5 of 6 12/27/2018 Attachment “A” WORK ORDER INITIATION FORM CITY OF CLEARWATER DELIVERABLES STANDARDS FORMAT: The design plans shall be compiled utilizing one of the following standards: City of Clearwater CAD standards or Consultant’s CAD standards (please provide all supporting documents when utilizing Consultant’s Standards). 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. DELIVERABLES: A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book) labeled “ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic copies. Electronic plan copies in PDF and CAD and electronic contract documents in PDF and MS Word. The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. The consultant shall also deliver all digital files in CAD drawing format and PDF format together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings attached, images and graphic files, custom fonts and shapes shall be included in hard copy and electronic copy. Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote. Copies of each Addendum shall be included at the front of the contract and all revisions made during the bid phase shall be incorporated into the Contract Documents. Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word) shall be provided prior to the City Council award date. NOTES: • If approved deviation from using Clearwater CAD standards, the consultant shall include all necessary information to aid in manipulating and printing/plotting the drawings. Please address any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at (727) 562-4762 or email address: tom.mahony@myclearwater.com. WO Initiation Form.docx 6 of 6 12/27/2018 Attachment “B” NORTH MARINA IMPROVEMENT PROJECT WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Other Direct Costs Labor Total III. Construction Phase Services 1. Shop Drawings & RAIs $5,080.00 $5,080.00 Pre-Construction Conference $940.00 $940.00 Construction Administration Services $4,480.00 $4,480.00 Construction Document Review $2,240.00 $2,240.00 Site Reviews $14,840.00 $14,840.00 Final Field Review $1,940.00 $1,940.00 Record Drawings & Certifications $4,000.00 $4,000.00 Expenses $1,000.00 $1,000.00 Grand Total $34,520.00 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5530 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Accept a Quit Claim Deed from West Coast Inland Navigation District (WCIND) for a section of land lying in the Southeast 1/4 of Section 09, Township 29 South, Range 15 East, Pinellas County, Florida, in the area of the Seminole Street Boat Ramp/North Marina District Improvements Project (Project), as more particularly described in Exhibit A to the Quit Claim Deed. (consent) SUMMARY: In or around 1961, the West Coast Inland Navigation District (WCIND) acquired the subject property, which adjoins the City-owned Seminole Street boat ramp property, for construction and maintenance of the Intercoastal Waterway within Pinellas County. Said lands are now out of WCIND’s jurisdiction and no longer required by WCIND for legislative purposes, therefore, city staff has requested that WCIND Quit Claim the land to the City of Clearwater (City) to aid in clearing title for the development of the Project. Page 1 City of Clearwater Printed on 1/17/2019 N MYRTLE AVE N GARDEN AVE N OSCEOLA AVE JONES ST SEMINOLE ST N FORT HARRISON AVE ELDRIDGE ST CEDAR ST BLANCHE B LITTLEJOHN TRL PALM BLUFF ST SPRUCE AVE NICHOLSON ST MAPLE ST HART ST GEORGIA ST MARGO AVE MAPLE ST LOCATION MAP PROPERTYLOCATION ^ ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD RB 277B 09-29s-15eMap Gen By:Reviewed By:S-T-R:Grid #:Date: Seminole Boat RampQuit Claim Deed to City of Clearwater 12/24/2018 Document Path: V:\GIS\Engineering\Location Maps\Seminole Boat_Ramp.mxd ClearwaterHarbor N.T.S.Scale: Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5543 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Appoint Gregory Newland as the fifth Trustee to a four-year term ending December 31, 2022 on the Clearwater Firefighters’ Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) SUMMARY: Mr. Newland has indicated his willingness to serve a four-year term. The other four members of the Board of Trustees selected Greg Newland to be appointed as the fifth member in accordance with Sec. 175.061 of the Florida State Statutes. The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of two legal residents of the City appointed by the City Council; two city firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the City Council for appointment. The Board of Trustees is solely responsible for administration of the trust fund. It is recommended that the City Council, as a ministerial duty, affirm Greg Newland as a trustee to the seat for the period of January 1, 2019 through December 31, 2022. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5546 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve Addendum to License and Services Agreements to Tyler Technologies, Inc. of Yarmouth, ME, for an additional amount not to exceed $443,855.44 for human capital management software licensing and professional services, for a new project total of $2,538,394.44, and authorize the appropriate officials to execute same. (consent) SUMMARY: Tyler’s Munis software was chosen to replace the City’s previous financial management software, Aptean’s Ross, after a thorough selection process which began in October 2015 and ended in March 2017. The agreement with Tyler Technologies was approved by Council on March 16th, 2017, and the implementation of the financial modules, or phase one, kicked off in May 2017. In May 2018, the City went live on the following modules and services: accounting, general ledger, budget, accounts payable, cash management, contract management, fixed assets, project and grant accounting, procurement, accounts receivable, general billing, forms processing, content management, analytic and reporting, systems management, disaster recovery, and change management. The following modules and services were listed as optional in the initial agreement and will be implemented as phase two of the project: employee payroll, pension payroll, employee self-service, and portions of human resources and talent management, recruiting. Since 1998, the City has used Oracle’s PeopleSoft software for human resources management, payroll and pension payments, and related tax processing and reporting. The City can expect to realize several benefits in the switch from PeopleSoft to Munis including: increased efficiency with integrated financial and human resources payroll software and better ability to train and cross-train employees in one primary system instead of two. The implementation for phase two, consisting of the above-listed elements, is projected to take 12 to 18 months. The requested not-to-exceed amount for phase two includes all implementation expenses for licensing, professional services, travel, hardware, and a project contingency of 25% ($359,040.35 and a contingency of $84,815.09). The Total-Cost-of-Ownership (TCO) for the first 5 years of Phase II is anticipated to be $72,914 for software maintenance. The TCO for the first 5 years will be $932,334.00 for all Phases of the Munis project. The ongoing cost of maintenance will be covered within the IT operating budget and a separate agenda item (PO) will be approved for the 5-year maintenance expenses. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Finance CIP project cost codes 3557355-564300-94828 (computer software >$5,000) and 3557355-530100-94828 (professional services) for planned expenditures in the current fiscal year. Any implementation expenditures for future fiscal years will be budgeted in the same project. Maintenance and hardware expenses in out years will be budgeted in the IT Admin Services budget. Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#19-5546 Page 2 City of Clearwater Printed on 1/17/2019 4XRWHG%\7LP9LFNHUV 'DWH 4XRWH([SLUDWLRQ 4XRWH1DPH&LW\RI&OHDUZDWHU(530XQLV3D\UROO+5 4XRWH1XPEHU 4XRWH'HVFULSWLRQ)LQDO4XRWHIRU3D\UROO+5 6DOHV4XRWDWLRQ)RU &LW\RI&OHDUZDWHU 62VFHROD$YH &OHDUZDWHU)/ 3KRQH Tyler Software and Related Services Description License Impl. Hours Impl. Cost Data Conversion Module Total Year One Maintenance Human Capital Management: Human Resources & Talent Management $28,800.00 0 $0.00 $0.00 $28,800.00 $5,184.00 Payroll w/ESS $47,300.00 0 $0.00 $27,800.00 $75,100.00 $8,514.00 Recruiting $9,150.00 0 $0.00 $0.00 $9,150.00 $1,647.00 Additional: Payroll Tax Table Updates $0.00 0 $0.00 $0.00 $0.00 $1,000.00 Sub-Total:$85,250.00 $0.00 $27,800.00 $113,050.00 $16,345.00 Less Discount:$0.00 $0.00 $0.00 $0.00 $16,345.00 TOTAL:$85,250.00 0 $0.00 $27,800.00 $113,050.00 $0.00 Other Services Description Quantity Unit Price Unit Discount Extended Price 50% Dedicated Implementation Consultant for Payroll/HR 89 $1,275.00 $0.00 $113,475.00 Miscellaneous Implementation Days 20 $1,275.00 $0.00 $25,500.00 Project Planning Services 1 $16,000.00 $0.00 $16,000.00 PR Positive Pay Export Format 1 $3,000.00 $0.00 $3,000.00 2018-52290 - Final Quote 11/19/2018 for Payroll/HR CONFIDENTIAL 1 of 5 Other Services Description Quantity Unit Price Unit Discount Extended Price Tyler Forms Library - Payroll 1 $1,500.00 $0.00 $1,500.00 Tyler Forms Library - Personnel Action 1 $1,400.00 $0.00 $1,400.00 TOTAL: $160,875.00 Summary One Time Fees Recurring Fees Total Tyler Software $85,250.00 $0.00 Total Tyler Services $188,675.00 $0.00 Total 3rd Party Hardware, Software and Services $0.00 $0.00 Summary Total $273,925.00 $0.00 Contract Total (Excluding Estimated Travel Expenses) $273,925.00 Estimated Travel Expenses $20,000.00 2018-52290 - Final Quote 11/19/2018 for Payroll/HR CONFIDENTIAL 2 of 5 Detailed Breakdown of Conversions (included in Contract Total) Description Unit Price Unit Discount Extended Price Payroll - Accrual Balances $2,500.00 $0.00 $2,500.00 Payroll - Accumulators up to 5 years $2,000.00 $0.00 $2,000.00 Payroll - Certifications $2,000.00 $0.00 $2,000.00 Payroll - Check History up to 5 years $2,000.00 $0.00 $2,000.00 Payroll - Deductions $2,800.00 $0.00 $2,800.00 Payroll - Earning/Deduction Hist up to 5 years $3,500.00 $0.00 $3,500.00 Payroll - Education $2,000.00 $0.00 $2,000.00 Payroll - PM Action History up to 5 years $2,000.00 $0.00 $2,000.00 Payroll - Position Control $2,000.00 $0.00 $2,000.00 Payroll - Recruiting $2,000.00 $0.00 $2,000.00 Payroll - Standard $3,000.00 $0.00 $3,000.00 Payroll - State Retirement Tables $2,000.00 $0.00 $2,000.00 TOTAL:$27,800.00 2018-52290 - Final Quote 11/19/2018 for Payroll/HR CONFIDENTIAL 3 of 5 Unless otherwise indicated in the contract or Amendment thereto, pricing for optional items will be held for Six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval:Date: Print Name:P.O. #: All primary values quoted in US Dollars Tyler Discount Detail Description License License Discount License Net Maintenance Basis Year One Maint Discount Year One Maint Net Payroll/HR: Human Resources & Talent Management $28,800.00 $0.00 $28,800.00 $5,184.00 $5,184.00 $0.00 Payroll w/ESS $47,300.00 $0.00 $47,300.00 $8,514.00 $8,514.00 $0.00 Recruiting $9,150.00 $0.00 $9,150.00 $1,647.00 $1,647.00 $0.00 Additional: Payroll Tax Table Updates $0.00 $0.00 $0.00 $1,000.00 $1,000.00 $0.00 TOTAL:$85,250.00 $0.00 $85,250.00 $16,345.00 $16,345.00 $0.00 2018-52290 - Final Quote 11/19/2018 for Payroll/HR CONFIDENTIAL 4 of 5 &RPPHQWV &RQYHUVLRQSULFHVDUHEDVHGRQDVLQJOHRFFXUUHQFHRIWKHGDWDEDVH,IDGGLWLRQDOGDWDEDVHVQHHGWREHFRQYHUWHGWKHVHZLOOQHHGWREHTXRWHG 7\OHU VTXRWHFRQWDLQVHVWLPDWHVRIWKHDPRXQWRIVHUYLFHVQHHGHGEDVHGRQRXUSUHOLPLQDU\XQGHUVWDQGLQJRIWKHVL]HDQGVFRSHRI\RXUSURMHFW7KHDFWXDODPRXQWRIVHUYLFHV 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inal Quote 11/19/2018 for Payroll/HR CONFIDENTIAL 5 of 5 Revised: 12/18/2018 Statement of Work Tyler Technologies Prepared for: City of Clearwater 112 S Osceola Ave. Clearwater, FL 33756-5106 Prepared by: Becky Terry, PMP Implementation Director One Tyler Drive, Yarmouth, ME 04096 Tyler Technologies, Inc. www.tylertech.com 2/ 59 Table of Contents 1 Executive Summary...............................................................................................................................6 1.1 Project Overview...........................................................................................................................6 1.2 Product Summary .........................................................................................................................6 1.3 Project Timeline............................................................................................................................7 1.4 Project Methodology Overview....................................................................................................7 2 Project Governance...............................................................................................................................8 2.1 Client Governance.........................................................................................................................8 2.1.1 Client Project Manager.........................................................................................................8 2.1.2 Steering Committee..............................................................................................................8 2.1.3 Executive Sponsor(s).............................................................................................................9 2.2 Tyler Governance..........................................................................................................................9 2.2.1 Tyler Project Manager...........................................................................................................9 2.2.2 Tyler Implementation Management.....................................................................................9 2.2.3 Tyler Executive Management ...............................................................................................9 2.3 Acceptance and Acknowledgment Process..................................................................................9 3 Overall Project Assumptions...............................................................................................................11 3.1 Project, Resources and Scheduling.............................................................................................11 3.2 Data Conversion..........................................................................................................................12 3.3 Data Exchanges, Modifications, Forms and Reports ..................................................................12 3.4 Hardware and Software..............................................................................................................12 3.5 Education....................................................................................................................................13 4 Implementation Stages.......................................................................................................................14 4.1 Work Breakdown Structure (WBS) .............................................................................................14 4.2 Initiate & Plan (Stage 1)..............................................................................................................16 4.2.1 Tyler Internal Coordination & Planning..............................................................................16 4.2.2 System Infrastructure Planning...........................................................................................17 4.2.3 Project/Phase Planning.......................................................................................................18 4.2.4 Project Schedule .................................................................................................................19 4.2.5 Stakeholder Presentation ...................................................................................................20 3/ 59 4.2.6 Control Point 1: Initiate & Plan Stage Acceptance..............................................................21 4.3 Assess & Define (Stage 2)............................................................................................................22 4.3.1 Fundamentals Review.........................................................................................................22 4.3.2 Current/Future State Analysis.............................................................................................23 4.3.3 Data Conversion Planning & Mapping................................................................................24 4.3.4 Standard 3rd Party Data Exchange Planning.......................................................................25 4.3.5 Modification Analysis & Specification, if contracted..........................................................26 4.3.6 Forms & Reports Planning ..................................................................................................27 4.3.7 System Deployment............................................................................................................28 4.3.8 Control Point 2: Assess & Define Stage Acceptance...........................................................29 4.4 Build & Validate (Stage 3)...........................................................................................................31 4.4.1 Configuration & Power User Training.................................................................................31 4.4.2 Data Conversion & Validation.............................................................................................32 4.4.3 Standard 3rd Party Data Exchange Validation....................................................................33 4.4.4 Modification Delivery & Validation, if contracted..............................................................34 4.4.5 Forms & Reports Validation................................................................................................35 4.4.6 Control Point 3: Build & Validate Stage Acceptance...........................................................36 4.5 Final Testing & Training (Stage 4)...............................................................................................37 4.5.1 Cutover Planning.................................................................................................................37 4.5.2 User Acceptance Testing (UAT)...........................................................................................38 4.5.3 End User Training................................................................................................................39 4.5.4 Control Point 4: Final Testing & Training Stage Acceptance...............................................40 4.6 Production Cutover (Stage 5)......................................................................................................41 4.6.1 Final Data Conversion, if applicable....................................................................................41 4.6.2 Production Processing & Assistance...................................................................................42 4.6.3 Transition to Tyler Support.................................................................................................43 4.6.4 Schedule Post-Production Services, if applicable...............................................................44 4.6.5 Control Point 5: Production Cutover Stage Acceptance.....................................................45 4.7 Phase/Project Closure (Stage 6)..................................................................................................46 4.7.1 Close Phase/Project............................................................................................................46 4.7.2 Control Point 6: Phase/Project Closure Stage Acceptance.................................................47 5 Roles and Responsibilities...................................................................................................................48 4/ 59 5.1 Tyler Roles and Responsibilities..................................................................................................48 5.1.1 Tyler Executive Management .............................................................................................48 5.1.2 Tyler Implementation Management...................................................................................48 5.1.3 Tyler Project Manager.........................................................................................................48 5.1.4 Tyler Implementation Consultant.......................................................................................49 5.1.5 Tyler 50% Dedicated Implementation Consultant..............................................................50 5.1.6 Tyler Sales ...........................................................................................................................50 5.1.7 Tyler Software Support.......................................................................................................50 5.2 City Roles and Responsibilities....................................................................................................50 5.2.1 City Executive Sponsor........................................................................................................51 5.2.2 City Steering Committee.....................................................................................................51 5.2.3 City Project Manager ..........................................................................................................51 5.2.4 City Functional Leads..........................................................................................................52 5.2.5 City Power Users.................................................................................................................53 5.2.6 City End Users.....................................................................................................................53 5.2.7 City Technical Support ........................................................................................................54 5.2.8 City Upgrade Coordinator...................................................................................................54 5.2.9 City Project Toolset Coordinator.........................................................................................54 5.2.10 City Change Management Lead..........................................................................................54 6 Glossary...............................................................................................................................................55 7 Munis Conversion Summary...............................................................................................................58 7.1 Payroll .........................................................................................................................................58 7.2 Payroll - Deductions....................................................................................................................58 7.3 Payroll – Accrual Balances ..........................................................................................................58 7.4 Payroll – Accumulators...............................................................................................................58 7.5 Payroll – Earning/Deduction Hist................................................................................................58 7.6 Payroll – Check History...............................................................................................................58 7.7 Payroll – Recruiting.....................................................................................................................58 7.8 Payroll – Position Control............................................................................................................58 7.9 Payroll – PM Action History........................................................................................................59 7.10 Payroll – State Retirement Tables...............................................................................................59 7.11 Payroll – Certifications................................................................................................................59 5/ 59 7.12 Payroll – Education .....................................................................................................................59 6/ 59 1 Executive Summary 1.1 Project Overview The Statement of Work (SOW) documents the Project Scope, methodology, roles and responsibilities, implementation Stages, and deliverables for the implementation of Tyler products. The Project goals are to offer City of Clearwater the opportunity to make the City more accessible and responsive to external and internal customer needs and more efficient in its operations through: Streamlining, automating, and integrating business processes and practices Providing tools to produce and access information in a real-time environment Enabling and empowering users to become more efficient, productive and responsive Successfully overcoming current challenges and meeting future goals 1.2 Product Summary Below, is a summary of the products included in this Project, as well as reference to the City’s functional area utilizing the Tyler product(s). Refer to the Implementation Stages section of this SOW for information containing detailed service components. [PRODUCT][APPLICATION] Munis Human Capital Management Phase Functional Area Modules Start Date Go-Live Date 2 Human Capital Management Human Resources & Talent Management Payroll w/ESS Recruiting March 2019 April 2020,or as otherwise agreed to in the project plan Forms Tyler Forms Library - Payroll o 1 PR Check o 1 Direct Deposit o 1 Vendor from PR Check o W2 o W2c o 1099R o ACA 1095B o ACA 1095C Tyler Forms Library – Personnel Action o 1 Personnel Action – New o 1 Personnel Actions - Change 7/ 59 1.3 Project Timeline The Project Timeline establishes a start and end date for each Phase of the Project. Developed during the Initiate & Plan Stage and revised as mutually agreed to, if needed, the timeline accounts for resource availability, business goals, size and complexity of the Project, and task duration requirements. 1.4 Project Methodology Overview Tyler bases its implementation methodology on the Project Management Institute’s (PMI) Process Groups (Initiating, Planning, Executing, Monitoring & Controlling, and Closing). Using this model, Tyler developed a 6-stage process specifically designed to focus on critical project success measurement factors. Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to Scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the City’s complexity, and organizational needs. 8/ 59 2 Project Governance The purpose of this section is to define the resources required to adequately establish the business needs, objectives, and priorities for the Project; communicate the goals to other project participants; and provide support and guidance to accomplish these goals. Project governance also defines the structure for issue escalation and resolution, Change Control review and authority, and organizational Change Management activities. The preliminary governance structure establishes a clear escalation path when issues and risks require escalation above the project manager level. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage. The path below illustrates an overall team perspective where Tyler and the City collaborate to resolve project challenges according to defined escalation paths. In the event project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City steering committee become the escalation points to triage responses prior to escalation to the City and Tyler executive sponsors. As part of the escalation process, each project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City and Tyler executive sponsors serve as the final escalation point. 2.1 Client Governance Depending on the City’s organizational structure and size, the following governance roles may be filled by one or more people: 2.1.1 Client Project Manager The City’s project manager(s) coordinate project team members, subject matter experts, and the overall implementation schedule and serves as the primary point of contact with Tyler. The City project manager(s) will be responsible for reporting to the City steering committee and determining appropriate escalation points. 2.1.2 Steering Committee The City steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation of the Project’s value throughout the organization. Oversees the City project manager(s) and the Project and through participation in regular internal meetings, the City steering committee remains updated on all project progress, project decisions, and achievement of project milestones. The City steering committee also provides support to the City project manager(s) by communicating the importance of the Project to all impacted departments. The City steering committee is responsible for ensuring the Project has appropriate resources, provides strategic direction to the project team, for making timely decisions on critical project issues or policy decisions. The City steering committee also serves as primary level of issue resolution for the Project. 9/ 59 2.1.3 Executive Sponsor(s) The City’s executive sponsor provides support to the Project by allocating resources, providing strategic direction, and communicating key issues about the Project and the Project’s overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated project issues. The executive sponsor engages in the Project, as needed, in order to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day project activities. The executive sponsor empowers the City steering committee, project manager(s), and functional leads to make critical business decisions for the City. 2.2 Tyler Governance 2.2.1 Tyler Project Manager The Tyler project manager(s) have direct involvement with the Project and coordinates Tyler project team members, subject matter experts, the overall implementation schedule, and serves as the primary point of contact with the City. As requested by the City, the Tyler project manager(s) provide regular updates to the City’s steering committee and other Tyler governance members. 2.2.2 Tyler Implementation Management Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. Tyler project manager(s) consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler project manager(s) or with the City management, as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. The name(s) and contact information for this resource will be provided and available to the project team. 2.2.3 Tyler Executive Management Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the project team and collaborates with other Tyler department managers, as needed, in order to escalate and facilitate implementation project tasks and decisions. The name(s) and contact information for this resource will be provided and available to the project team. 2.3 Acceptance and Acknowledgment Process All Deliverables and Control Points must be accepted or acknowledged following the process below. Acceptance requires a formal sign-off while acknowledgement may be provided without formal sign-off at the time of delivery. The following process will be used for accepting or acknowledging Deliverables and Control Points: 10/ 59 The City shall have ten (10) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept or acknowledge each Deliverable or Control Point. If the City does not provide acceptance or acknowledgement within ten (10) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. If the City does not agree the particular Deliverable or Control Point meets requirements, the City shall notify Tyler project manager(s), in writing, with reasoning within ten (10) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City shall then have five (5) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the City does not provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. 11/ 59 3 Overall Project Assumptions 3.1 Project, Resources and Scheduling Project activities will begin after the Agreement has been fully executed. The City has the ability to allocate additional internal resources if needed. The City also ensures the alignment of their budget and Scope expectations. The City and Tyler ensure that the assigned resources are available, they buy into the change process, and they possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, buy-in, and knowledge. Tyler and City provide adequate resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget. Abbreviated timelines and overlapped Phases can result in Project delays if there are not sufficient resources assigned to complete all required work as scheduled. Changes to Project Plan, availability of resources or changes in Scope may result in schedule delays, which may result in additional charges to the Project. Tyler provides a written agenda and notice of any prerequisites to the City project manager(s) ten (10) business days prior to any scheduled on site or remote sessions. Tyler provides notice of any prerequisites to the City project manager(s) a minimum of ten (10) business days prior to any key deliverable due dates. City users complete prerequisites prior to applicable scheduled activities. Tyler provides guidance for configuration and processing options available within the Tyler software. The City is responsible for making decisions based on the options available. In the event the City may elect to add and/or modify current business policies during this Project, such policy changes are solely the City’s responsibility to define, document, and implement. The City makes timely Project related decisions in order to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Decisions left unmade may affect the schedule, as each analysis and implementation session builds on the decisions made in prior sessions. Tyler considers additional services out of Scope and requires additional time and costs be requested via Change Request approved through the Change Control process. 12/ 59 The City will respond to information requests in a comprehensive and timely manner, in accordance with the Project Plan. 3.2 Data Conversion The City is readily able to product the data files needed for conversion from the Legacy System in order to provide them to Tyler on the specified due date(s). Each Legacy System data file submitted for conversion includes all associated records in a single approved file layout. The City understands the Legacy System data extract(s) must be provided to Tyler in the same format each time unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget, and resource availability may occur and/or data in the new system may be incorrect. During this process, the City may need to correct data scenarios in the Legacy System prior to the final data pull. This is a complex activity and requires due diligence by the City to ensure all data pulled includes all required data and the Tyler system contains properly mapped data. 3.3 Data Exchanges, Modifications, Forms and Reports The City ensures the 3rd party data received conforms to a Tyler standard format. The 3rd party possesses the knowledge of how to program their portion of the interaction and understands how to manipulate the data received. Client is on a supported, compatible version of the 3rd party software or Tyler standard Data Exchange tools may not be available. The City is willing to make reasonable business process changes rather than expecting the product to conform to every aspect of their current system/process. Any Modification requests not expressly stated in the contract are out of Scope. Modifications requested after contract signing have the potential to change cost, Scope, schedule, and production dates for project Phases. Modification requests not in Scope must follow the Project Change Request process. 3.4 Hardware and Software Tyler will initially Install the most current generally available version of the purchased Tyler software. 13/ 59 The City will provide network access for Tyler modules, printers, and Internet access to all applicable City and Tyler project staff. The City has in place all hardware, software, and technical infrastructure necessary to support the Project. The City’s system hardware and software meet Tyler standards to ensure enough speed and operability of Tyler software. Tyler will not support use of software if the City does not meet minimum standards of Tyler’s published specifications. 3.5 Education Throughout the Project lifecycle, the City provides a training room for Tyler staff to transfer knowledge to the City’s resources, for both onsite and remote sessions. The City will provide staff with a location to practice what they have learned without distraction. If Phases overlap, the City will provide multiple training facilities to allow for independent sessions scheduling without conflict. The training room is set up in a classroom setting. The City determines the number of workstations in the room. Tyler recommends every person attending a scheduled session with a Tyler Consultant or Trainer have their own workstation. However, Tyler requires there be no more than two (2) people at a given workstation. The City provides a workstation which connects to the Tyler system for the Tyler trainer conducting the session. The computer connects to a City provided projector, allowing all attendees the ability to actively engage in the training session. Users performing user acceptance testing (UAT) have attended all applicable training sessions prior to performing UAT. 14/ 59 4 Implementation Stages 4.1 Work Breakdown Structure (WBS) The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called “Stages” and the second level components are called “work packages.” The work packages, shown below each Stage, contain the high-level work to be done. The detailed Project Plan, developed during Initiate & Plan and finalized during Assess & Define, will list the tasks to be completed within each work package. Each Stage ends with a “Control Point”, confirming the work performed during that Stage of the Project. 15/ 59 16/ 59 4.2 Initiate & Plan (Stage 1) The Initiate & Plan Stage creates a foundation for the Project through identification of City and Tyler Project Management teams, development of implementation management plans, and the provision and discussion of system infrastructure requirements. City participation in gathering information is critical. Tyler Project Management teams present initial plans to stakeholder teams at Stage end. 4.2.1 Tyler Internal Coordination & Planning Prior to Project commencement, Tyler management staff assigns project manager(s). Tyler provides the City with initial Project documents used in gathering basic information, which aids in preliminary planning and scheduling. City participation in gathering requested information by provided deadlines ensures the Project moves forward in a timely fashion. Internally, the Tyler project manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the City’s team. During this step, Tyler will work with the City to establish the date(s) for the Project/Phase Planning session. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Tyler Internal Coordination & Planning TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorAssign Tyler project manager A R I I I Provide initial Project documents to Client A I R C I Sales to Implementation knowledge transfer A I R C Internal planning and phase coordination A R C 17/ 59 4.2.2 System Infrastructure Planning The City provides, purchases or acquires hardware according to hardware specifications provided by Tyler and ensures it is available at the City’s site. The City completes the system infrastructure audit, ensuring vital system infrastructure information is available to the Tyler implementation team, and verifies all hardware compatibility with Tyler solutions. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 System Infrastructure Planning TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient ProjectToolset CoordinatorClient Upgrade CoordinatorProvide system hardware specifications I R A I C Make hardware available for Installation I C A R Install system hardware, if applicable I C A R Complete system infrastructure audit I C A R 18/ 59 4.2.3 Project/Phase Planning Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify Applications to implement in each Phase (if applicable), and discuss implementation timeframes. The Tyler project manager(s) deliver an Implementation Management Plan, which is mutually agreeable by City and Tyler. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project/Phase Planning TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorPerform Project/Phase Planning A R I C C I Deliver implementation management plan A R C C I 19/ 59 4.2.4 Project Schedule Client and Tyler will mutually develop an initial Project Schedule. The initial schedule includes, at minimum, enough detail to begin Project activities while the detailed Project Plan/schedule is being developed and refined. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project Schedule TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorDevelop initial Project Schedule A R I C I I Deliver Project Plan and schedule for Project Phase A R I I I C C I I I Client reviews Project Plan & initial schedule C I A R C C C Client approves Project Plan & initial schedule I I A R C C I I I I I 20/ 59 4.2.5 Stakeholder Presentation City stakeholders join Tyler project manager(s) to communicate successful Project criteria, Project goals, Deliverables, a high-level milestone schedule, and roles and responsibilities of Project participants. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Stakeholder Presentation TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorPresent overview of Project Deliverables, Project Schedule and roles and responsibilities A R I I I I C I I I I I I I Communicate successful Project criteria and goals I R C A C I I C I I 21/ 59 4.2.6 Control Point 1: Initiate & Plan Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Assess & Define Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.2.6.1 Initiate & Plan Stage Deliverables Implementation Management Plan o Objective: Update and deliver baseline management plans to reflect the approach to the City’s Project. o Scope: The Implementation Management addresses how communication, quality control, risks/issues, resources and schedules, and Software Upgrades (if applicable) will be managed throughout the lifecycle of the Project. o Acceptance criteria: City reviews and acknowledges receipt of Implementation Management Plan. Project Plan/Schedule o Objective: Provide a comprehensive list of tasks, timelines and assignments related to the Deliverables of the Project. o Scope: Task list, assignments and due dates o Acceptance criteria: City acceptance of schedule based on City resource availability and Project budget and goals. 4.2.6.2 Initiate & Plan Stage Acceptance Criteria Hardware Installed System infrastructure audit complete and verified Implementation Management Plan delivered Project Plan/Schedule delivered; dates confirmed Stakeholder Presentation complete  22/ 59 4.3 Assess & Define (Stage 2) The primary objective of Assess & Define is to gather information about current City business processes and translate the material into future business processes using Tyler Applications. Tyler uses a variety of methods for obtaining the information, all requiring City collaboration. The City shall provide complete and accurate information to Tyler staff for analysis and understanding of current workflows and business processes. 4.3.1 Fundamentals Review Fundamentals Review provides functional leads and Power Users an overall understanding of software capabilities prior to beginning current and future state analysis. The primary goal is to provide a basic understanding of system functionality, which provides a foundation for upcoming conversations regarding future state processing. Tyler utilizes a variety of methods for completing fundamentals training including the use of eLearning, videos, documentation, and walkthroughs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed  STAGE 2 Assess & Define TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorSchedule fundamentals review & provide fundamentals materials & prerequisites, if applicable A R I C I I I Complete fundamentals materials review and prerequisites I A R I C Ensure all scheduled attendees are present I I A R C I Facilitate fundamentals review A R I I I 23/ 59 4.3.2 Current/Future State Analysis City and Tyler evaluate current state processes, options within the new software, pros and cons of each option based on current or desired state and make decisions about future state configuration and processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Current/Future State Analysis TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient ProjectToolset CoordinatorClient Upgrade CoordinatorProvide Current/Future State analysis materials to the City, as applicable A R I C I I Conduct Current & Future State analysis A R I C I C Provide pros and cons of Tyler software options A R I C I C Make Future State Decisions according to due date in the Project Plan I I C A R I C I Record Future State decisions A R I C I C 24/ 59 4.3.3 Data ConversionPlanning & Mapping This entails the activities performed to prepare to convert data from the City’s Legacy System Applications to the Tyler system. Tyler staff and the City work together to complete Data Mapping for each piece of data (as outlined in the Agreement) from the Legacy System to a location in the Tyler system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Data Conversion Planning & Mapping TYLER CLIENT TASKS Tyler Executive ManagerTyler ImplementationManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorReview contracted data conversion(s) options A R I C C C C Map data from Legacy System to Tyler system I C I A C C R Pull conversion data extract I I A C C R Run balancing Reports for data pulled and provide to Tyler I I A R C I Review and approve initial data extract A I C R I I Correct issues with data extract, if needed I C C A C C R 25/ 59 4.3.4 Standard 3rd Party Data Exchange Planning Standard Data Exchange tools are available to allow clients to get data in and out of the Tyler system with external systems. Data exchange tools can take the form of Imports and Exports, and Interfaces. A Standard Interface is a real-time or automated exchange of data between two systems. This could be done programmatically or through an API. It is Tyler’s responsibility to ensure the Tyler programs operate correctly. It is the City’s responsibility to ensure the third-party program operates or accesses the data correctly. The City and Tyler project manager(s) will work together to define/confirm which Data Exchanges are needed (if not outlined in the Agreement). Tyler will provide a file layout for each Standard Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Standard 3rd Party Data Exchange Planning TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorReview Standard or contracted Data Exchanges A R C I I C Define or confirm needed Data Exchanges I C A C C R 26/ 59 4.3.5 Modification Analysis & Specification, if contracted Tyler staff conducts additional analysis and develops specifications based on information discovered during this Stage. The City reviews the specifications and confirms they meet City’s needs prior to acceptance. Out of Scope items or changes to specifications after acceptance may require a Change Request. Tyler’s intention is to minimize Modifications by using Standard functionality within the Application, which may require a City business process change. It is the responsibility of the City to detail all their needs during the Assess and Define Stage. Tyler will write up specifications (for City approval) for contracted program Modifications. Upon approval, Tyler will make the agreed upon Modifications to the respective program(s). Once the Modifications have been delivered, the City will test and approve those changes during the Build and Validate Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Modification Analysis & Specification, if contracted TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorAnalyze contracted modified program requirements A C R C C I C C Develop specification document(s)A I C R I I I I Review specification document(s); provide changes to Tyler, if applicable I C C A R I C C Sign-off on specification document(s) and authorize work I I A R C I I C 27/ 59 4.3.6 Forms & Reports Planning City and Tyler project manager(s) review Forms and Report needs. Items that may be included in the Agreement are either Standard Forms and Reports or known/included Modification(s). Items not included in the Agreement could be either City-developed Reports or a newly discovered Modification that will require a Change Request. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Forms & Reports Planning TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorReview required Forms output A R C I C I Review and complete Forms options and submit to Tyler I I A R C Review in Scope Reports A R I C C Identify additional Report needs I C A R C Add applicable tasks to Project schedule A R I C C I I I 28/ 59 4.3.7 System Deployment The Tyler Technical Services team Installs Tyler Applications on the server (hosted or client-based) and ensures the platform operates as expected. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 System Deployment TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorInstall contracted software on server A I R I C Ensure platform operates as expected A I R I C 29/ 59 4.3.8 Control Point 2: Assess & Define Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Build & Validate Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.3.8.1 Assess & Define Stage Deliverables Completed analysis Questionnaire o Objective: Gather and document information related to City business processes for current/future state analysis as it relates to Tyler approach/solution. o Scope: Provide comprehensive answers to all questions on Questionnaire(s). o Acceptance criteria: City acceptance of completed Questionnaire based on thoroughness of capturing all City business practices to be achieved through Tyler solution. Data conversion summary and specification documents o Objective: Define data conversion approach and strategy. o Scope: Data conversion approach defined, data extract strategy, conversion and reconciliation strategy. o Acceptance criteria: Data conversion document(s) delivered to the City, reflecting complete and accurate conversion decisions. Modification specification documents, if contracted o Objective: Provide comprehensive outline of identified gaps, and how the modified program meets the City’s needs. o Scope: Design solution for Modification. o Acceptance criteria: City accepts Modified Specification Document(s) and agrees that the proposed solution meets their requirements. Completed Forms options and/or packages o Objective: Provide specifications for each City in Scope form, Report and output requirements. o Scope: Complete Forms package(s) included in agreement and identify Report needs. o Acceptance criteria: Identify Forms choices and receive supporting documentation. Installation checklist o Objective: Installation of purchased Tyler software. o Scope: Tyler will conduct an initial coordination call, perform an installation of the software included in the Agreement, conduct follow up to ensure all tasks are complete, and complete server system administration training, unless the City is hosted. o Acceptance criteria: Tyler software is successfully installed and available to authorized users, City team members are trained on applicable system administration tasks. 4.3.8.2 Assess & Define Stage Acceptance Criteria Tyler software is installed. Fundamentals review is complete. Required Form information complete and provided to Tyler. 30/ 59 Current/Future state analysis completed; Questionnaires delivered and reviewed. Data conversion mapping and extractions completed and provided to Tyler. 31/ 59 4.4 Build & Validate (Stage 3) The objective of the Build & Validate Stage is to prepare the software for use in accordance with the City’s needs identified during the Assess and Define Stage, preparing the City for Final Testing and Training. 4.4.1 Configuration & Power User Training Tyler staff collaborates with the City to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. Tyler staff will train the City Power Users to prepare them for the Validation of the software. The City collaborates with Tyler staff iteratively to Validate software configuration. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed  STAGE 3 Build & Validate TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorPerform configuration A R I R I Power User process and Validation training A R I C I C I Validate configuration I C A C R C 32/ 59 4.4.2 Data Conversion & Validation Tyler completes an initial review of the converted data for errors. With assistance from the City, the Tyler Data Conversion Team addresses items within the conversion program to provide the most efficient data conversion possible. With guidance from Tyler, the City reviews specific data elements within the system and identifies and Reports discrepancies in writing. Iteratively, Tyler collaborateswith the City to address conversion discrepancies prior to acceptance. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed  STAGE 3 Data Conversion & Validation TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorWrite and run data conversion program against Client data A I C R C Complete initial review of data errors A I C R I I C Review data conversion and submit needed corrections I C I A C R C Revise conversion program(s) to correct error(s)A I C R I I C C 33/ 59 4.4.3 Standard 3rd Party Data Exchange Validation Tyler provides training on Data Exchange(s) and the City tests each Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Standard 3rd Party Data Exchange Validation TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorTrain Data Exchange(s) processing in Tyler software A R C I I I C I Coordinate 3rd Party Data Exchange activities I I A C C R Test all Standard 3rd party Data Exchange(s) I C A C I R C 34/ 59 4.4.4 Modification Delivery & Validation, if contracted Tyler delivers in Scope Modification(s) to the City for preliminary testing. Final acceptance will occur during the Final Testing and Training Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 ModificationDelivery & Validation, if contracted TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorDevelop and deliver contracted modified program(s)A I C I R I C I C I C Test contracted modified program(s) in isolated database I C C A C R C Report discrepancies between specification and delivered contracted modified program(s) I I I A R C C Make corrections to contracted modified program(s) as required A I C I R I C C I 35/ 59 4.4.5 Forms & Reports Validation Tyler provides training on Standard Forms/Reports and the City tests each Standard Form/Report. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed  STAGE 3 Forms & Reports Validation TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorStandard Forms & Report training A R I C C I Test Standard Forms & Reports I C C A C R C 36/ 59 4.4.6 Control Point 3: Build & Validate Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Final Testing & Training Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.4.6.1 Build & Validate Stage Deliverables Initial data conversion o Objective: Convert Legacy System data into Tyler system. o Scope: Data conversion program complete; deliver converted data for review. o Acceptance criteria: Initial error log available for review. Data conversion verification document o Objective: Provide instructions to the City to verify converted data for accuracy. o Scope: Provide self-guided instructions to verify specific data components in Tyler system. o Acceptance criteria: City accepts data conversion delivery; City completes data issues log. Installation of Modifications on the City’s server(s) *except for hosted Clients o Objective: Deliver Modification(s) in Tyler software. o Scope: Program for Modification is complete and available in Tyler software, Modification testing. o Acceptance criteria: Delivery of Modification(s) results in objectives described in the City- signed specification. Standard Forms & Reports Delivered o Objective: Provide Standard Forms & Reports for review. o Scope: Installation of all Standard Forms & Reports included in the Agreement. o Acceptance criteria: Standard Forms & Reports available in Tyler software for testing in Stage 4. 4.4.6.2 Build & Validate Stage Acceptance Criteria Application configuration completed. Standard Forms & Reports delivered and available for testing in Stage 4. Data conversions (except final pass) delivered. Standard 3rd party Data Exchange training provided. Modifications delivered and available for testing in Stage 4. The City and Tyler have done a review of primary configuration areas to Validate completeness and readiness for testing and acceptance in Stage 4. 37/ 59 4.5 Final Testing & Training (Stage 4) During Final Testing and Training, Tyler and the City review the final Cutover plan. A critical Project success factor is the City understanding the importance of Final Testing and Training and dedicating the resources required for testing and training efforts in order to ensure a successful Production Cutover. 4.5.1 Cutover Planning City and Tyler project manager(s) discuss final preparations and critical dates for Production Cutover. Tyler delivers a Production Cutover Checklist to outline Cutover tasks to help prepare the City for success. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed  STAGE 4 Cutover Planning TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorCutover Planning Session A R C I C C C C C C Develop Production Cutover Checklist A R C I I C C I I C 38/ 59 4.5.2 User Acceptance Testing (UAT) The City performs User Acceptance Testing to verify software readiness for day-to-day business processing. Tyler provides a Test Plan for users to follow to ensure proper Validation of the system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 User Acceptance Testing (UAT) TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorDeliver Test Plan for User Acceptance Testing A R C I I Perform User Acceptance Testing I C A R C C C I I C I Accept modified program(s), if applicable I I I A R C I C C Validate Report performance I C C A C R C 39/ 59 4.5.3 End User Training End Users attend training sessions to learn how to utilize Tyler software. Training focuses primarily on day-to-day City processes that will be delivered via group training, webinar, eLearnings and/or live training sessions. Unless stated otherwise in the Agreement, Tyler provides one occurrence of each scheduled training or implementation topic with up to the maximum number of users as defined in the Agreement, or as otherwise mutually agreed. City users who attended the Tyler sessions may train any City users not able to attend the Tyler sessions or additional sessions may be contracted at the applicable rates for training. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 End User Training TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorConduct user training sessions A R C I I I I I Conduct additional End User training sessions I I A R I C I I I I 40/ 59 4.5.4 Control Point 4: Final Testing & Training Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Production Cutover Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.5.4.1 Final Testing & Training Stage Deliverables Production Cutover checklist o Objective: Provide a detailed checklist outlining tasks necessary for production Cutover. o Scope: Dates for final conversion, date(s) to cease system processing in Legacy System, date(s) for first processing in Tyler system, contingency plan for processing. o Acceptance criteria: Definition of all pre-production tasks, assignment of owners and establishment of due dates. User Acceptance Test Plan o Objective: Provide testing steps to guide users through testing business processes in Tyler software. o Scope: Testing steps for Standard business processes. o Acceptance criteria: Testing steps have been provided for Standard business processes. 4.5.4.2 Final Testing & Training Stage Acceptance Criteria Production Cutover Checklist delivered and reviewed. Modification(s) tested and accepted, if applicable. Standard 3rd party Data Exchange programs tested and accepted. Standard Forms & Reports tested and accepted. User acceptance testing completed. End User training completed. 41/ 59 4.6 Production Cutover (Stage 5) City and Tyler resources complete tasks as outlined in the Production Cutover Plan and the City begins processing day-to-day business transactions in the Tyler software. Following Production Cutover, the City transitions to the Tyler support team for ongoing support of the Application. 4.6.1 Final Data Conversion, if applicable The City provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final data conversion. The City may need to manually enter into the Tyler system any data added to the Legacy Systemafter final data extract. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Final Data Conversion, if applicable TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorProvide final data extract C I I A C I I I I R Provide final extract balancing Reports I I A C R I Convert and deliver final pass of data A I I R I I I C Validate final pass of data I C C I A C R C Load final conversion pass to Production environment I I I A C I C R 42/ 59 4.6.2 Production Processing & Assistance Tyler staff collaborates with the City during Production Cutover activities. The City transitions to Tyler software for day-to day business processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Production Processing & Assistance TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorProduction processing C C I I A R R R R R R I I Provide production assistance A R C I C C C C C C 43/ 59 4.6.3 Transition to Tyler Support Tyler project manager(s) introduce the City to the Tyler Support team, who provides the City with day-to- day assistance following Production Cutover. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Transition to Tyler Support TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorDevelop internal support plan I A R C C C C C C C Conduct transfer to Support meeting A I C R C C C C I I C I I 44/ 59 4.6.4 Schedule Post-Production Services, if applicable Tyler provides post-production services if included in the Agreement. Prior to scheduling services, the Tyler project manager(s) collaborate with City project manager(s) to identify needs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Schedule Post-Production Services, if applicable TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorIdentify topics for post-production services C C A R I C I Schedule services for post-production topics A R I C C I C I 45/ 59 4.6.5 Control Point 5: Production Cutover Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Phase/Project Closure Stage is dependent upon Tyler’s receipt of this Stage Acceptance. 4.6.5.1 Production Cutover Stage Deliverables Final data conversion, if applicable o Objective: Ensure (in Scope) Legacy System data is available in Tyler software in preparation for production processing. o Scope: Final passes of all conversions completed in this Phase. o Acceptance criteria: Data is available in production environment. Support transition documents o Objective: Define strategy for on-going Tyler support. o Scope: Define support strategy for day-to-day processing, conference call with City Project Manager(s) and Tyler support team, define roles and responsibilities, define methods for contacting support. o Acceptance criteria: The City receives tools to contact support and understands proper support procedures. 4.6.5.2 Production Cutover Stage Acceptance Criteria Final data conversion(s) delivered. Processing is being done in Tyler production. Transition to Tyler support is completed. Post-live services have been scheduled, if applicable. 46/ 59 4.7 Phase/Project Closure (Stage 6) Project or Phase closure signifies full implementation of all products purchased and encompassed in the Phase or Project. The City moves into the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Support). 4.7.1 Close Phase/Project The City and Tyler project manager(s) review the list of outstanding Project activities and develop a plan to address them. The Tyler project manager(s) review the Project budget and status of each contract Deliverable with the City project manager(s) prior to closing the Phase or Project. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 6 Close Phase/Project TYLER CLIENT TASKS Tyler Executive ManagerTyler Implementation ManagerTyler Project ManagerTyler Implementation ConsultantTyler Data Conversion ExpertsTyler Forms & Reports ExpertsTyler ModificationProgrammersTyler Technical SupportTyler SalesClient Executive SponsorClient Steering CommitteeClient Project ManagerClient Functional LeadsClient Change Management LeadsClient Power UsersClient Department HeadsClient End UsersClient Technical LeadsClient Project Toolset CoordinatorClient Upgrade CoordinatorReview outstanding Project activities and develop action plan A R C C C I C I C Review Project budget and status of contract Deliverables A R I I C 47/ 59 4.7.2 Control Point 6: Phase/Project Closure Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. This is the final acceptance for the Phase/Project. 4.7.2.1 Phase/Project Closure Stage Deliverables Phase/Project reconciliation report o Objective: Provide comparison of contract Scope and Project budget. o Scope: Contract Scope versus actual, analysis of services provided and remaining budget, identify any necessary Change Requests or Project activity. o Acceptance criteria: Acceptance of services and budget analysis and plan for changes, if needed. 4.7.2.2 Phase/Project Closure Stage Acceptance Criteria Outstanding Phase or Project activities have been documented and assigned. Phase/final Project budget has been reconciled. Tyler Deliverables for the Phase/Project are complete. 48/ 59 5 Roles and Responsibilities 5.1 Tyler Roles and Responsibilities Tyler assigns project manager(s) prior to the start of each Phase of the Project. The project manager(s) assign additional Tyler resources as the schedule develops and as needs arise. One person may fill multiple project roles. 5.1.1 Tyler Executive Management Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the City’s overall organizational strategy. Authorizes required project resources. Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process. Offers additional support to the project team and is able to work with other Tyler department managers in order to escalate and facilitate implementation project tasks and decisions. Acts as the counterpart to the City’s executive sponsor. 5.1.2 Tyler Implementation Management Acts as the counterpart to the City steering committee. Assigns initial Tyler project personnel. Works to resolve all decisions and/or issues not resolved at the Project Management level as part of the escalation process. Attends City steering committee meetings as necessary. Provides support for the project team. Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources. Monitors project progress including progress towards agreed upon goals and objectives. 5.1.3 Tyler Project Manager The Tyler project manager(s) provides oversight of the Project, coordination of resources between departments, management of the project budget and schedule, effective risk and issue management, and is the primary point of contact for all Project related items. Contract Management o Validates contract compliance throughout the Project. o Ensures Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. o Prepares and presents contract milestone sign-offs for acceptance by City project manager(s). o Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance. Planning 49/ 59 o Update and deliver Implementation Management Plan. o Defines project tasks and resource requirements. o Develops initial project schedule and full-scale Project Plan. o Collaborates with City project manager(s) to plan and schedule project timelines to achieve on-time implementation. Implementation Management o Tightly manages Scope and budget of Project; establishes process and approval matrix with the City to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. o Establishes and manages a schedule and resource plan that properly supports the Project Plan that is also in balance with Scope/budget. o Establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to the City any items that may impact the outcomes of the Project. o Collaborates with the City’s project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project. o Sets a routine communication plan that will aide all project team members, of both the City and Tyler, in understanding the goals, objectives, current status and health of the project. Team Management o Acts as liaison between project team and Tyler manager(s). o Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. o Provides direction and support to project team. o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. o Assesses team performance and adjusts as necessary. o Interfaces closely with Tyler developers to coordinate program Modification activities. o Coordinates with in Scope 3rd party providers to align activities with ongoing project tasks. 5.1.4 Tyler Implementation Consultant Completes tasks as assigned by the Tyler project manager(s). Performs problem solving and troubleshooting. Follows up on issues identified during sessions. Documents activities for on site services performed by Tyler. Provides conversion Validation and error resolution assistance. Recommends guidance for testing Forms and Reports. Tests software functionality with the City following configuration. Assists during Production Cutover process and provides production support until the City transitions to Tyler Support. Provides product related education. 50/ 59 Effectively facilitates training sessions and discussions with City and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. Conducts training (configuration, process, conversion Validation) for Power Users and the City’s designated trainers for End Users. Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final Project Plan. Keeps Tyler project manager(s) proactively apprised of any and all issues which may result in the need for additional training, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action. 5.1.5 Tyler 50% Dedicated Implementation Consultant Serves as the Lead Implementation Consultant for project Will provide at least 50% of all implementation days delivered Possesses both a broad and deep understanding of the functionality within Tyler software products for his/her functional area(s). Provides conversion consulting and mapping assistance. Follows up on issues identified during sessions. Documents activities for onsite services. Keeps Tyler project manager(s) proactively apprised of any and all issues which may result in the need for additional training needs, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action. 5.1.6 Tyler Sales Provide sales background information to Implementation during Project initiation. Support Sales transition to Implementation. Provide historical information, as needed, throughout implementation. 5.1.7 Tyler Software Support Manages incoming client issues via phone, email, and online customer incident portal. Documents and prioritizes issues in Tyler’s Customer Relationship Management (CRM) system. Provides issue analysis and general product guidance. Tracks issues and tickets to timely and effective resolution. Identifies options for resolving reported issues. Reports and escalates defects to Tyler Development. Communicates with the City on the status and resolution of reported issues. 5.2 City Roles and Responsibilities City resources will be assigned prior to the start of each Phase of the project. One person may be assigned to multiple project roles. 51/ 59 5.2.1 CityExecutive Sponsor Provides clear direction for the Project and how the Project applies to the organization’s overall strategy. Champions the Project at the executive level to secure buy-in. Authorizes required Project resources. Resolves all decisions and/or issues not resolved at the City steering committee level as part of the escalation process. Actively participates in organizational change communications. 5.2.2 CitySteering Committee Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process. Attends all scheduled steering committee meetings. Provides support for the project team. Assists with communicating key project messages throughout the organization. Prioritizes the project within the organization. Provides management support for the project to ensure it is staffed appropriately and staff have necessary resources. Monitors project progress including progress towards agreed upon goals and objectives. Has the authority to approve or deny changes impacting the following areas: o Cost o Scope o Schedule o Project Goals o City Policies 5.2.3 CityProject Manager The City shall assign project manager(s) prior to the start of this Project with overall responsibility and authority to make decisions related to project Scope, scheduling, and task assignment, and communicates decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City project manager(s) do not have the knowledge or authority to make decisions, he or she engages the correct resources from City to participate in discussions and make decisions in a timely fashion to avoid Project delays. Contract Management o Validates contract compliance throughout the Project. o Ensures invoicing and Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. o Signs off on contract milestone acknowledgment documents. o Collaborates on and approves Change Requests, if needed, to ensure proper Scope and budgetary compliance. Planning 52/ 59 o Review and acknowledge Implementation Management Plan. o Defines project tasks and resource requirements for City project team. o Collaborates in the development and approval of the initial Project Plan and Project Plan. o Collaborates with Tyler project manager(s) to plan and schedule Project timelines to achieve on-time implementation. Implementation Management o Tightly manages Project budget and Scope and collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. o Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the Project Plan, as a whole, that is also in balance with Scope/budget. o Collaborates with Tyler Project manager(s) to establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to Tyler any items that may impact the outcomes of the Project. o Collaborates with Tyler Project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the Project. o Routinely communicates with both City staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the Project by all team members. Team Management o Acts as liaison between project team and stakeholders. o Identifies and coordinates all City resources across all modules, Phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices. o Provides direction and support to project team. o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. o Assesses team performance and takes corrective action, if needed. o Provides guidance to City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. o Coordinates in Scope 3rd party providers to align activities with ongoing Project tasks. 5.2.4 CityFunctional Leads Makes business process change decisions under time sensitive conditions. Communicates existing business processes and procedures to Tyler consultants. Assists in identifying business process changes that may require escalation. Attends and contributes business process expertise for current/future state analysis sessions. Identifies and includes additional subject matter experts to participate in Current/Future State Analysis sessions. Provides business process change support during Power User and End User training. 53/ 59 Completes performance tracking review with client project team on End User competency on trained topics. Provides Power and End Users with dedicated time to complete required homework tasks. Act as an ambassador/champion of change for the new process. Identifies and communicates any additional training needs or scheduling conflicts to City project manager. Prepares and Validates Forms. Actively participates in all aspects of the implementation, including, but not limited to, the following key activities: o Task completion o Stakeholder Presentation o Implementation Management Plan development o Schedule development o Maintenance and monitoring of risk register o Escalation of issues o Communication with Tyler project team o Coordination of City resources o Attendance at scheduled sessions o Change Management activities o Modification specification, demonstrations, testing and approval assistance o Conversion Analysis and Verification Assistance o Decentralized End User Training o Process Testing o User Acceptance Testing 5.2.5 CityPower Users Participate in Project activities as required by the project team and project manager(s). Provide subject matter expertise on City business processes and requirements. Act as subject matter experts and attend current/future state and validation sessions as needed. Attend all scheduled training sessions. Participate in all required post-training processes as needed throughout Project. Participate in Conversion Validation. Test all Application configuration to ensure it satisfies business process requirements. Become Application experts. Participate in User Acceptance Testing. Adopt and support changed procedures. Complete all Deliverables by the due dates defined in the Project Plan. Demonstrate competency with Tyler products processing prior to Production Cutover. Provide knowledge transfer to City staff during and after implementation. 5.2.6 CityEnd Users Attend all scheduled training sessions. Become proficient in Application functions related to job duties. Adopt and utilize changed procedures. Complete all Deliverables by the due dates defined in the Project Plan. 54/ 59 Utilize software to perform job functions at and beyond Production Cutover. 5.2.7 CityTechnical Support Coordinates updates and releases with Tyler as needed. Coordinates the copying of source databases to training/testing databases as needed for training days. Extracts and transmits conversion data and control reports from City’s Legacy System per the conversion schedule set forth in the Project Plan. Coordinates and adds new users and printers and other Peripherals as needed. Validates all users understand log-on process and have necessary permission for all training sessions. Coordinates Interface development for City third party Data Exchanges. Develops or assists in creating Reports as needed. Ensures onsite system hardware meets specifications provided by Tyler. Assists with software Installation as needed. 5.2.8 CityUpgrade Coordinator Becomes familiar with the Software Upgrade process and required steps. Becomes familiar with Tyler’s releases and updates. Utilizes Tyler Community to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City’s Software Upgrade process. Assists with the Software Upgrade process during implementation. Manages Software Upgrade activities post-implementation. Manages Software Upgrade plan activities. Coordinates Software Upgrade plan activities with City and Tyler resources. Communicates changes affecting users and department stakeholders. Obtains department stakeholder sign-offs to upgrade production environment. 5.2.9 CityProject Toolset Coordinator Ensures users have appropriate access to Tyler project toolsets such as Tyler University, Tyler Community, Tyler Product Knowledgebase, SharePoint, etc. Conducts training on proper use of toolsets. Validates completion of required assignments using toolsets. 5.2.10 CityChange Management Lead Validates users receive timely and thorough communication regarding process changes. Provides coaching to supervisors to prepare them to support users through the project changes. Identifies the impact areas resulting from project activities and develops a plan to address them proactively. Identifies areas of resistance and develops a plan to reinforce the change. Monitors post-production performance and new process adherence.   55/ 59 6 Glossary Word or Term Definition Application A computer program designed to perform a group of coordinated functions, tasks or activities for the benefit of the user. Change Control A systematic approach for managing change governing how Change Requests will be received, assessed and acted on. Change Management An approach for ensuring that changes are thoroughly and smoothly implemented and that the lasting benefits of change are achieved. The focus is on the global impact of change with an intense focus on people and how individuals and teams move from the current situation to the new one. Change Request A form used as part of the Change Control process whereby changes in the Scope of work, timeline, resources, and/or budget are revised and agreed upon by participating parties. Consumables Items that are used on a recurring basis, usually by Peripherals. Examples: paper stock or scanner cleaning kits. Control Point Occurring at the end of each Stage, the Control Point serves as a formal client review point. Project progress cannot continue until the client acknowledges the agreed upon Deliverables of the Stage have been met or agree on an action plan to make the Deliverable acceptable and move to next Stage while executing final steps of current Stage. Cutover The point when a client begins using Tyler software in production. Data Exchange A term used to reference Imports and Exports, and Interfaces which allow data to be exchanged between an external system and Tyler software. Data Mapping The process of mapping fields from the Legacy System to the appropriate location in the new system from one or more sources. Deliverable A tangible or intangible object/document produced as a result of the Project that is intended to be delivered to a client (either internal or external) or vendor at a specific time. End User The person for whom the software is designed to use on a day-to-day basis. Forms A document which is typically printed on a template background and only captures data for one record per page. Forms are provided to entity customers whether internal (employees) or external (citizens). Imports and Exports A process within the system that a user is expected to run to consume (Import) or produce (Export) a specifically defined file format/layout. Interface A real-time or automated exchange of data between two systems. 56/ 59 Install References the initial installation of software files on client services and preparing the software for use during configuration. The version currently available for general release will always be used during the initial install. Legacy System The system from which a client is converting. Modification Modification of software program package to provide individual client requirements documented within the Scope of the Agreement. Peripherals An auxiliary device that connects to and works with the computer in some way. Examples: mouse, keyboard, scanner, external drive, microphone, speaker, webcam, and digital camera. Phase A portion of the Project in which specific set of related products are typically implemented. Phases each have an independent start, Production Cutover and closure dates but use the same Implementation Plans as other Phases within the Project. Phases may overlap or be sequential and may have the same Tyler project manager and Tyler project team or different individuals assigned. Power User An experienced client person or group who is (are) an expert(s) in the client business processes, as well as knowledgeable in the requirements and acceptance criteria. Project The Project includes all implementation activity from Plan & Initiate to Closure for all products, Applications and functionality included in a single Agreement. The Project may be broken down into multiple Phases. Project Plan The Project Plan serves as the master blueprint for the Project. As developed, the Project schedule will become a part of the Project Plan and outline specific details regarding tasks included in the Project Plan. Project Planning Meeting Occurs during the Plan & Initiate Stage to coordinate with the Client project manager to discuss Scope, information needed for project scheduling and resources. Questionnaire A document containing a list of questions to be answered by the client for the purpose of gathering information needed by Tyler to complete the implementation. RACI A chart describing level of participation by various roles in completing tasks or Deliverables for a Project or process. Also known as a responsibility assignment matrix (RAM) or linear responsibility chart (LRC). Reports Formatted to return information related to multiple records in a structured format. Information is typically presented in both detail and summary form for a user to consume. Scope Products and services that are included in the Agreement. 57/ 59 Software Upgrade References the act of updating software files to a newer software release. Stage The top-level components of the WBS.Each Stage is repeated for individual Phases of the Project and requires acknowledgement before continuing to the next Stage. Some tasks in the next Stage may begin before the prior Stage is complete. Stakeholder Presentation Representatives of the Tyler implementation team will meet with key client representatives to present high level Project expectations and outline how Tyler and the Client can successfully partner to create an environment for a successful implementation. Standard Included in the base software (out of the box)package. Statement of Work (SOW)Document which will provide supporting detail to the Agreement defining Project -specific activities and Deliverables Tyler will provide to the client. Test Plan Describes the testing process. Includes “Test Cases” to guide the users through the testing process. Test cases are meant to be a baseline for core processes; the client is expected to supplement with client specific scenarios and processes. Validation (or to validate)The process of testing and approving that a specific Deliverable, process, program or product is working as expected. Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components. 58/ 59 7 Munis Conversion Summary 7.1 Payroll Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), e-address, marital status, gender, race, personnel status (such as full- time, part-time, etc.), highest degree, advice-delivery (print/email/both) and check location, plus primary group, job, location, and account information 7.2 Payroll - Deductions Employee Deductions - including employee ID, deduction codes, tax information, and direct deposit information 7.3 Payroll – Accrual Balances Employee Accrual Balances including Vacation, Holiday, and other Leave balances Start of year balance, earned to date, used to date 7.4 Payroll – Accumulators YTD, QTD, MTD amounts for employee pay and deductions Needed for mid-calendar-year go-live May not be needed if converting earnings/deductions history 7.5 Payroll – Earning/Deduction Hist. Up to 5 years, additional years must be quoted. Earning and deduction history broken down my individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums the check history in opt 4. 7.6 Payroll – Check History Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in employee check history, check number and date. 7.7 Payroll – Recruiting Application requisition applicant master data, plus applicant references, certifications, education, skills, tests, work history, and interviews 7.8 Payroll – Position Control Position, description, status, job code, bargaining group, location, number of employees allowed for each, FTE percentage, GL account, and max/min grade and step 59/ 59 7.9 Payroll – PM Action History A variety of Personnel actions, such as job or salary changes and dates these events occurred. 7.10 Payroll – State Retirement Tables Specific state-required data, plus related service years information, when appropriate Needed for some states 7.11 Payroll – Certifications Certification area and certification type codes, certification number and effective date, expiration date, and required-by date, codes for certification level and subjects 7.12 Payroll – Education Codes, for institution, type of degree, and area(s) of study Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5559 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve a License, Hardware, Maintenance and Services Agreement to E.J. Ward, Inc. of San Antonio, TX, for fuel management software and hardware, GPS hardware and services, and associated professional services in an amount not to exceed $1,285,200.00, in accordance with Code of Ordinances Section 2.564(1)(d) Other Government Bid and authorize the appropriate officials to execute same. (consent) SUMMARY: In March 2017, the City initiated a contract with Data Remote, Inc. for GPS services and a fuel management solution for the City’s truck and vehicle fleet. After extended efforts, the existing vendor has not been able to deliver on the contracted services and solutions. City staff has conducted significant research within this solution sector and has identified E.J. Ward as the preferred solution provider for the integration of GPS, fuel system and pump access control solutions. The contract is being piggy-backed on the NJPA Contract # 022217-EJW, June 1, 2017 (Sourcewell). The project will include the installation of vehicle hardware, fuel pump management software and hardware, and GPS viewing software. Since 2012, the City has used GPS/Fleet Management solutions to improve vehicle maintenance and the accountability of fleet assets. This project is intended to improve maintenance efficiency, vehicle longevity, efficiency of fuel distribution and reduce administrative processing and reporting overhead. First year expenses are anticipated to be approximately $675,000; expenses for years 2 - 5 will be approximately $120,000, $122,000, $128,000 and $132,000, respectively. A contingency of approximately 10% ($108,000) is also included. The implementation consists of the above-listed elements; and is projected to take 6 to 9 months for implementation. APPROPRIATION CODE AND AMOUNT: This project will be funded from an existing capital improvement project 94246, Fleet Management & Mapping. A first quarter budget amendment will provide a transfer of an additional $390,000 from Garage Fund reserves, to capital improvement project 94246 to fund the first-year implementation and maintenance expenses of this contract. Out year expenses (years 2-5) will be funded through the General Services/Fleet operating budget. USE OF RESERVE FUNDS: Funding for this contract will be provided by first quarter budget amendment allocating Garage Fund reserves in the amount of $390,000 to capital improvement project 94246, Fleet Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#19-5559 Management & Mapping. The remaining balance of Garage Fund reserves after 25% working capital reserves is 1.0 million or 5% of the current Garage Fund operating budget. Page 2 City of Clearwater Printed on 1/17/2019 8620 N New Braunfels, Suite 200N, San Antonio Texas 78217 Tel: 210- 824-7383 www.ejward.com E.J. Ward, Inc. - Quote for Clearwater V4(rek) 10-29-2018 TOTAL $451,974.00 TOTAL $8,000.00 TOTAL $8,240.00 TOTAL $8,569.60 TOTAL $8,998.08 DATABASE VERSION Qty Price ExtendedCASOFT - IOT Fuel View IOT - MS SQL Version - Unlimited user license for deployment in development and production environments - Requires customer installed MS SQL 2014 / 2016 database and server operating system version 2012 thru 2016 - Standard: HID Module, OBD II Fleet Data Module, Ward Comm, Real-Time Connect (Requires Ward 4 FCT), - "standard" Tank Monitoring Reporting Module, Standard Export / Interface 1 $24,000.00 $24,000.00 Software Implementation- Includes 1 Year of Data Conversion before Archive from Existing Platform if available - Data must be stable and not fragmented, easily converted by existing script tools 1 $6,000.00 $6,000.00 Enhanced Tank Level Monitoring Module 1 $4,000.00 $4,000.00Custom Reports (New)0 TBD $0.00Interfaces (New)0 TBD $0.00Software User and Administrator Training - Online (2 - 4hr Sessions) 1 $960.00 $960.00Software User and Administrator Training - On Site (Per Day)0 $1,800.00 $0.00 Qty Price Extended FCT-W4-01-05H Ward Fuel Control Terminal (FCT-W4) - FCT-W4- 1-5 Hose - Hose Count:2 $7,500.00 $15,000.00SWITCH-305-T FCT Mounted Network Switch - Temperature Rated 2 $300.00 $600.00Shipping and Handling 2 $250.00 $500.00 Qty Price Extended CANceiver Kits CANceiver Kit includes - Standard: OBD Connector cable, 802.11 WiFi, 8 Digital I/O, 1 Analog I/O, Over-the-Air Reprogramming enabled, 8 MB Memory - Options: Passive GPS Antenna Support KIT-CVR-W4-WIFI Kit CANceiver w/WiFi - LD 1,100 $285.00 $313,500.00KIT-CVR-W4-WIFI Kit CANceiver w/WiFi - HD 0 $300.00 $0.00KIT-CVR-W4-WIFI Kit CANceiver w/WiFi - International Truck 0 $335.00 $0.00KIT-TAG-INT Vehicle and Equipment - EM-Tag 1,100 $45.00 $49,500.00 GPS-PASS-ANT-W4 Passive GPS Antenna forW4 CANceiver 0 $75.00 $0.00 KIT-JETTSCANW4 CANceiver W4 WiFi Programmer Standard Kit - Hardware and Software 2 $2,000.00 $4,000.00Shipping and Handling 1 $750.00 $750.00 Qty Price Extended Wireless CommunicationsCOMM RTR 4131 Access Point 802.11 IP65 WiFi Kit (includes standard antenna and power over Ethernet POE) - Customer is responsible for POE Network CAT5 wiring 1 $1,800.00 $1,800.00 KIT-HOSE-MOD-2.4S RF Hose Module Kit 2.4 GHz w/Switch - (one (1) per hose with CANceiver use)8 $300.00 $2,400.00 KEY-FOB-1434 HID Key FOB 0 $7.00 $0.00KEY-ENCODE-5321 FOB / Smart Card Encoder 0 $400.00 $0.00 Tank Monitoring - Omntec 2 Diesel - 1 Unleaded - 3 AST - Model OEL8000IIIK4 1 $9,484.00 $9,484.00Shipping and Handling 1 $300.00 $300.00 Qty Price Extended1$4,500.00 $4,500.00 1 $5,400.00 $5,400.00 1 $2,880.00 $2,880.00 Qty Price / Hr Extended40$160.00 $6,400.00 Programmers Fuel Management System - 1st Year Fuel View Software - Implementation and Training TERMINAL EQUIPMENT - Standard: 7" Color Screen, QWERTY Keypad, Multiclass HID Reader, Magstripe Reader, 2 GB RAM/8 GB Flash Drive, Powder Coated Aluminum or Stainless Steel Construction, VIT/CANceiver Ready, Cellular IBR 1100 or equal, WiFi - 802.11, Real-Time Connect Vehicle Products Passive GPS Antenna Extended Warranty - 2 FCT Hardware/Onsite Labor & Software with 24x7x365 Call center Support - 2nd Year Extended Warranty - 2 FCT Hardware/Onsite Labor & Software with 24x7x365 Call center Support - 3rd Year Extended Warranty - 2 FCT Hardware/Onsite Labor & Software with 24x7x365 Call center Support - 4th Year Extended Warranty - 2 FCT Hardware/Onsite Labor & Software with 24x7x365 Call center Support - 5th Year Project Management Project Management (per hour) W4 CANceiver Installation training Peripheral Products RF Hose Modules Employee Credentials Hardware Installation FCT Mechanical and Electrical Installation - Omntec TLS By Others - Customer is responsible for Network TCP/IP CAT5 wiring to TLS unless noted in quote. Install - Pull and Replace per FCT - By Ward Technicians- Requires use of existing mechanical and electrical wiring, piping and other related connections and they must meet existing local, state, and national codes. - If replacement or additional materials such as conduit, EYS seal offs, AC power and low voltage wire, solenoids, switches or pulsers need replacement to be compliant; or a licensed electrician, permits or drawings are required, additional charges will apply.- Customer is responsible for Network TCP/IP CAT5 wiring to FCT unless noted in quote. - Includes Ward Technician System Startup and Testing with FCT use Training 8620 N New Braunfels, Suite 200N, San Antonio Texas 78217 Tel: 210- 824-7383 www.ejward.com PriceSub Total $56,500.00Sub Total $2,880.00 INITIAL ONE TIME SETUP FEE FOR WARD HOSTED SYSTEM Sub Total $6,000.00Sub Total $71,550.00 TOTAL $136,930.00 TOTAL $71,550.00 TOTAL $73,696.50 TOTAL $76,644.36 TOTAL $79,710.13 Qty Price Extended Part #Product Description PASSIVE-ANT Passive GPS Antenna for W4 CANceiver 750 $75.00 $56,250.00Shipping and Handling 1 $250.00 $250.00 Qty Price Extended2$1,440.00 $2,880.000$100.00 $0.00 Ward Hosted Fleet View Software - Includes Call Center Support Qty Price Extended 1 $6,000.00 $6,000.00 1 $4,000.00 No Charge Monthly Number of Devices 1 to 1999 devices 750 $7.95 $5,962.50Number of Devices 2000 + - Contact Factory 0 $0.00 $0.00 $5,962.50 $71,550.00 Software - Services Qty Hour Price Extended0$180.00 $0.00 Hardware Installation Training - Per DayInstallation Per Device TOTAL 3rd Year Custom GPS Software or Hardware Development - @ $225.00 Per Hour Product DescriptionInitial Setup - Hosted on Wards servers - Provides My GEOTAB Solution - 1st Year Support Included - Standard features include: • Rebranding to match your logo, graphics and colors • Custom URL (e.g.: http://www.yournamefleetGPS.com ) On Site Training with one 4 hour refresher online within 180 days Monthly System Access and Hosting Monthly Hosting Fee Annual Hosting Fee TOTAL 1st Year TOTAL 2nd Year Vehicle Products W4 CANceiver Passive GPS Components Vehicle Product Services TOTAL 4th Year TOTAL 5th Year E.J. Ward, Inc. GPS - Passive V4 (rek) for Clearwater 10-29-18 HARDWARE with Installation if requested HARDWARE and SOFTWARE TRAINING ANNUAL HOSTING 8620 N New Braunfels, Suite 200N, San Antonio Texas 78217 Tel: 210- 824-7383 www.ejward.com PriceSub Total $31,500.00Sub Total $6,880.00 INITIAL ONE TIME SETUP FEE FOR WARD HOSTED SYSTEM Sub Total $6,000.00Sub Total $38,280.00 TOTAL $82,660.00 TOTAL $38,280.00 TOTAL $39,428.40 TOTAL $41,005.54 TOTAL $42,645.76 Qty Price Extended Part #Product Description KIT-WTGO8 LTE - Verizon, AT&T, TMO configuration options - (requires data plan) - Internal cellular and GPS antenna for easy installation 200 $125.00 $25,000.00 Light Duty Cable 200 $30.00 $6,000.00Heavy Duty Cable 0 $120.00 $0.00IOX Expander Currently supports a combination of up to 5 of the following : 0 TBD $0.00Shipping and Handling 1 $500.00 $500.00 Qty Price Extended2$1,440.00 $2,880.000$100.00 $0.00 Ward Hosted Fleet View Software - Includes Call Center Support Qty Price Extended 1 $6,000.00 $6,000.001$4,000.00 $4,000.00 Monthly Number of Devices 1 to 1999 devices 200 $15.95 $3,190.00Number of Devices 2000 + - Contact Factory 0 $0.00 $0.00 $3,190.00 $38,280.00 Software - Services Qty Hour Price Extended0$180.00 $0.00 $0.00 TOTAL 1st Year TOTAL 2nd Year Vehicle Products W4 Real Time GPS Components TOTAL 4th Year TOTAL 5th Year E.J. Ward, Inc. GPS - Real-Time V4 (rek) for Clearwater 10-29-18 HARDWARE with Installation if requested HARDWARE and SOFTWARE TRAINING ANNUAL HOSTING with DATA PLAN for REAL-TIME DEVICE TOTAL 3rd Year Monthly System Hosting and Standard Monthly Data Plan - per vehicle / or device - 30 sec - 1 min updates Monthly Hosting Fee Annual Hosting Fee Custom GPS Software or Hardware Development - @ $225.00 Per Hour Hardware Installation Training - Per DayInstallation Per Device Product DescriptionInitial Setup On Site Training with one 4 hour refresher online within 180 days Vehicle Product Services Customer Welcome Packet Installation & Implementation Intelligent Fuel Management Solutions ™ COPYRIGHT/TRADEMARK INFORMATION © 2017 by E.J. Ward, Inc. All rights reserved. The information disclosed herein is proprietary information owned by E.J. Ward, Inc. Reproduction without permission is prohibited. Trademarks CANceiver™, W4 CANceiver™, VIT™, W4 FCT™, W4 FCTT™, W4 Fuel View™, and the Ward logo are registered Trademarks of E.J. Ward, Inc. E.J. Ward, Inc. 8801 Tradeway San Antonio, Texas 78217 210.824.7383 | Fax: 210.824.2031 www.ejward.com ™ i | Customer Welcome Packet - Implementation May 2017 ™ Contents 1. Typical System Overview .......................................................................................................................................1 Technology .........................................................................................................................................................................................................1 Network ...............................................................................................................................................................................................................2 DHCP Basics ....................................................................................................................................................................................................2 Wi-Fi 802.11 ....................................................................................................................................................................................................3 W4 Fuel View Software ...................................................................................................................................................................................3 Database Support .......................................................................................................................................................................................3 Business Rules ................................................................................................................................................................................................3 2. Customer Provided Technology ...........................................................................................................................5 Legacy Data Conversion ................................................................................................................................................................................5 Fuel Scripts ..........................................................................................................................................................................................................5 Customer Responsibility ............................................................................................................................................................................5 Schedule ..............................................................................................................................................................................................................5 Customer Responsibility ............................................................................................................................................................................6 Task Order ...........................................................................................................................................................................................................6 HID Devices.........................................................................................................................................................................................................6 Customer Responsibility ............................................................................................................................................................................6 CANceiver Events .............................................................................................................................................................................................6 3. Customer Participation ..........................................................................................................................................7 Project Manager ................................................................................................................................................................................................7 Internal Advocate .............................................................................................................................................................................................7 IT Department ...................................................................................................................................................................................................7 4. Customer Supplied Materials ...............................................................................................................................8 Technology .........................................................................................................................................................................................................8 Fuel Scripts ..........................................................................................................................................................................................................8 Schedule ..............................................................................................................................................................................................................8 HID .........................................................................................................................................................................................................................8 Staffing .................................................................................................................................................................................................................8 Templates ............................................................................................................................................................................................................9 Typical Pre-Installation Task List ..................................................................................................................................................................9 Phase One .......................................................................................................................................................................................................9 Phase Two .....................................................................................................................................................................................................10 Phase Three ..................................................................................................................................................................................................10 5. Site Acceptance ....................................................................................................................................................11 Transition to Warranty .................................................................................................................................................................................11 Transition to Customer Service ................................................................................................................................................................11 Customer Support .........................................................................................................................................................................................11 Appendix 1: Server Requirements ..........................................................................................................................12 Appendix 2: Sample Network/Server Information Template .............................................................................13 Appendix 3: Sample Site Completion Check List .................................................................................................14 1 | Customer Welcome Packet - Implementation May 2017 1. Typical System Overview The following information supports Ward to properly configure, build and install your new Ward Fuel Control System. Typical Island Terminal Overview Technology As with any new technology system, there are many set up requirements. Space must be allocated on a server or separate servers. Servers can be physical or virtual. These servers can reside on one computer or on three separate computers. See Figure 1. This is entirely up to your technical team. The servers are as follows: Application Server Ward W4 Fuel View software location Database Server Customer fueling database location. Database holds company information and fueling transactions Communications Server This server allows the application to communicate directly with the Ward Fuel Control Terminal (FCT) Fuel View is a web-based application that communicates through virtual TCP Port 8080. In order to access the software, the system requires an IP address or website name that can be assigned to the application so that your staff can access it through a web browser. To install and maintain the system, our implementation and support team will require remote or VPN access to your system. This requirement allows our technical staff to access the servers for installation and support any of the applications. Your FCTs are identified by using a static IP addresses. Static IP means that the IP address does not change like some systems that use another method commonly known as Dynamic IP addresses. You will be required to provide one (1) address for each FCT and/or 802.11 Wi-Fi device; some custom systems may require more (this will be covered on a case by case basis with your project manager). It may be easier for your IT department to set aside a range of addresses for this project; for example, a range of addresses 192.168.1.10 through 192.168.1.100 could be used. This will allow the FCTs to be sequentially numbered. In addition to IP addresses, Ward will also require you to provide subnet mask and gateway addresses for your system. If your system is using Wi-Fi (802.11) for communication, the Ward team will require additional information including the encryption used by your network. CANceivers support WPA2-PSK version encryption. The application communicates with the FCTs through virtual TCP Port 3001. If the network is using a firewall (which it most likely is), we will must have TCP Port 3001 opened between the communication server and the FCTs. Your IT or Network administrator should be able to handle this for your project management team. Tank LevelSystem* Customer AP W4 Fuel View CANceiver FuelTag Hose Module Fuel Control Terminal W4 Fleet View CustomerNetwork ™ 2 | Customer Welcome Packet - Implementation May 2017 Ward FCTs can connect to the network using multiple topologies; TCP-IP (using Cat5 network cable), 802.11 wireless networking and cellular are the most common. Depending on which topology of communication you select at your sites , it is critical the connection be functioning at each site when we install hardware at those locations. From time to time depending on how the contract is written, Ward may be responsible for installing the local site communication wiring or Wi-Fi hardware. NOTE: In cases where an existing fuel management terminal (even one by Ward) that has been in place for many years may be out of compliance with current electrical codes or ordinances, upgrades may be required. If by contract, the electrical installation or infrastructure improvements fall under the responsibility of the customer, this work must be completed prior to Ward or its contractor arriving on site to install the FCT. Network Network topology can be in many forms from simple to complex and is based on the size of your organization. Regardless of size, the software applications that run on the server must have the firewalls open on certain ports in order to communicate properly. The lists of network ports that need to be open are: NAME PORT SOURCE DESTINATION BI-DIRECTIONAL Fuel View Website 2 Configurable Web Ports Software end users (Web Client)Web Server Yes Connect 3001 Communications Server FCT WardComm 4001 Web Server Communications Server Online Listener 4003 FCT Communications Server CANceiver Listener 13000 DHCP Communications Server Putty 22 Communications Server FCT Yes MOXA AP Web Interface 80 Communications Server FCT Yes WatchDog Service 9898 Communications Server Web Server Yes Ward W4 CANceivers require DHCP addresses. Normally the DHCP server or local Wi-Fi AP provides this basic information: •IP Address •Subnet Mask •Default Gateway DHCP Basics DHCP (Dynamic Host Configuration Protocol) is a standard protocol defined by RFC 1541 (which is superseded by RFC 2131) that allows a server to dynamically distribute IP addressing and configuration information to clients. Normally the DHCP server provides the client with at least this basic information: •IP Address •Subnet Mask •Default Gateway ™ 3 | Customer Welcome Packet - Implementation May 2017 Other information can be provided as well, such as Domain Name Service (DNS) server addresses and Windows Internet Name Service (WINS) server addresses. The system administrator configures the DHCP server with the options that are parsed out to the client. CANceivers require DHCP addresses. The amount of reserved IP addresses used for CANceivers is different based on your organization structure such as number sites, number of vehicles and DHCP lease times at each site. Ward will provide recommendations based on the organization structure. CAUTION: It is important that all MAC address filtering is turned off. Failure to do so will cause device connection issues. Wi-Fi 802.11 Wi-Fi eliminates the need to run expensive telecommunications cable, conduits and trenching. If you ordered Ward’s end to end solution which includes Access Points (AP), the Ward technician will take care of setting up the AP. All Ward products require the use of WPA2-PSK AES encryption protocols. If in the sales process there was a mutual agreement to use customer provided AP’s, then the customer will need to set up the AP’s and work with Ward on the settings. CAUTION: If you are using Cisco AP’s, the AP’s must have the Passive Client feature and it must be enabled. Failure to enable Passive Client will result in communication failure between the FCT and AP. Please contact your Cisco representative to ensure that you have the latest version of the firmware. W4 Fuel View Software Ward W4 Fuel View is an Enterprise Class .NET scalable web-based application that provides complete access, reporting and control of your fleet assets in an easy to use software platform. Fuel View is accessed through your web browser. Database Support Fuel View requires a supported database: Oracle version 11G or later, Microsoft SQL 2012 R2 or later. Business Rules Maximum Visits Allows a limit to be set determining the number of times a vehicle can fuel within a 24 hour period with the Ward Fuel Management System. Maximum Volume Allows the user to set the maximum number of gallons or other unit of measure for fuel a vehicle can receive during one transaction. Maximum Travel Distance Allows the user to set the maximum number of miles the odometer can increment between fuel transactions and still allow fuel to be dispensed. NOTE: The Maximum Travel Distance rule will only work if Odometer Prompting is set to Prompt and Validate, or Validate Strictly. Odometer Prompting Determines if the vehicle’s odometer reading must be entered during non CANceiver/VIT fuel transactions. It also determines how the odometer criteria is accepted at the time of the transaction. The options and explanations are listed below. No Prompt If a vehicle is set to No Prompt, the FCT will not prompt the driver to enter the dash odometer value of that vehicle. Prompt When a vehicle is set to Prompt, the FCT will prompt the driver to input the vehicle’s dash odometer value before fueling. The driver is able to put in any value and there is no validation that the value they put in is correct or acceptable. ™ 4 | Customer Welcome Packet - Implementation May 2017 Prompt and Validate Requires that an odometer value is inputted before a transaction begins. The FCT relies on the Maximum Travel Distance Business Rule to ensure that the odometer value the driver entered is within the acceptable range. If the odometer value is outside of the acceptable range, then the FCT will prompt the driver to input their odometer value again. If the odometer value the driver puts in the second time is the exact same value as they put in the first time, the FCT will accept that mileage and send the updated odometer value to the database. If the odometer value input the second time is different, the transaction will end and the driver will have to start over. Validate Strictly Setting relies on the Maximum Travel Distance to ensure that drivers are putting in correct odometer values when trying to fuel. If a driver inputs an odometer value that is beyond the acceptable range, the message Mileage Over Range will appear on the FCT display. The driver will be unable to fuel and must contact their Ward System Administrator. Zero Limit or Zero Total Fueling The number of zero quantity fuelings the pump may dispense in a row before the FCT automatically takes the pump off-line. Zero pump fueling limit prevents continued fueling should the pulser fail. The default setting is five. A setting of zero will allow unlimited zero quantity fueling. Interpulse Time Out The time limit (in seconds) that the operator may pause during a fueling operation transaction before the transaction is ended and the pump needs to be reauthorized before it can be used again. The default setting is 60 seconds. Enable Timeout Time limit (in seconds) that the operator has to begin fueling after a pump has been enabled. If the time limit is reached before the operator begins pumping, the transaction will be closed (creating a zero quantity fueling) and the pump will have to be reauthorized before it can be used again. The default is 60 seconds. Fuel Transfers Fuel transfers are handled through Fuel View software. If you have fueling trucks, fuel POD transfers are described in the Fuel Transfer Cards document, available from Ward. ™ 5 | Customer Welcome Packet - Implementation May 2017 2. Customer Provided Technology •Application server with Internet and Windows Server 2012 or newer, pre- installed Communications server and database server •Internet Explorer 11 installed on client desktops (other supported browsers include: Chrome, Mozilla Firefox, Safari, Opera, and SlimBrowser) •VPN or remote access to the client system •Administrator level access to associated servers and DBO rights to databases •Static IP addresses, subnet mask and gateway for all FCTs and MOXA clients •Open all ports requested in this document •Network communication at each fueling site •Network wiring to each FCT if applicable (dependent on contract) •Upgraded electrical wiring to each FCT if applicable (dependent on contract) •802.11 Encryption protocols •SSL Certificate Legacy Data Conversion If required, Ward may be contracted to import your legacy data from your existing system. If the contract includes legacy data conversion, a separate meeting will be held to discuss the specifics of the conversion process. The process consists of an initial meeting with your Database Administrator (DBA) and a Ward software specialist to determine the exact details of the conversion, and recommend a process based on our previous experiences and best practices. After the requirements have been finalized between both technical resources, the Project Managers will meet to determine a schedule for the conversion. Typically, the database conversion is completed once the fuel system is installed and functioning as expected. Fuel Scripts Each FCT requires a fuel script design based on the customer’s specific business needs. The fuel script describes how the FCTs will operate and how the user will be prompted to enter information at the time of fueling. Ward will supply sample fuel scripts for you to review. The scripts that we provide are those used by a large number of our clients and represent the most efficient and user-friendly process to date. Customer Responsibility •Review sample fuel script •Provide applicable comments •Approve final fuel script Schedule For medium to large fuel management system installations, a mutually agreed upon schedule is necessary to facilitate the installation with minimal disruption to the customer. For multiple sites, Ward will provide a recommendation for an initial start site; however, the final order will be determined by customer requirements. Part of the schedule development requirement is for the customer to provide a calendar that shows times that Ward cannot work on your sites. For example, if you have a week in October when you are closed, please provide us with those dates to allow us to schedule around that time. Once you have provided your installation order and company calendar, Ward’s Project Management team will provide a detailed project plan that will show the implementation schedule. ™ 6 | Customer Welcome Packet - Implementation May 2017 Customer Responsibility •Approve start site (based on Ward’s recommendation) •Determine site installation order •Company calendar showing all days that sites are closed Task Order There are a number of tasks when installing your system. The order of task completion is vital for a timely, smooth installation. The order completion of major tasks is: 1. Prompt Return of the Data Templates 2. Approval of Fuel Script 3. Fuel View Software Deployment 4. Network Communication 5. Vehicle Device Installation 6. FCT Installation 7. Training HID Devices Many of our customers use Human Interface Device (HID) proximity cards to identify their employees and/or key fobs to identify their employees/vehicles. Ward has the ability to use these same cards to identify employees at the FCT. In order to implement this system, we require a list of employee HID card information. Some of the most difficult information to acquire is HID card information. Many customers use a third party vendor to manage their HID information. Retrieving this information can sometimes take weeks and may involve additional costs. While Ward can assist with decoding the cards initially, it is essential for the customer to provide Ward with the HID card information encoded on each card. Customer Responsibility This information is required prior to building your database. •Sample, pre-programmed HID card for Ward to use during testing •Facility code and card range for the HID being used •Sample pre-programmed key fob for Ward to use during testing •HID hexadecimal code for each fueler on the Employee Template CANceiver Events Capturing your vehicle, driver and fuel data just got easier with the latest generation of Ward’s W4 CANceiver. The W4 CANceiver is the most advanced vehicle data collection device available, enabling fully automated fueling, vehicle diagnostic collection and driver performance tracking. Using customer defined parameters, the CANceiver is capable of logging events when available from the OBD port that are stored in the CANceiver until the vehicle is in the proximity of your Wi-Fi access point. All event settings and other values can be created via user interface screens in Fuel View. Depending on your business requirements, OBD captured configurations can apply to specific vehicles or the entire fleet. With Ward’s standard wireless reprogramming feature, these changes can be made dynamically, and based on your changing business requirements. ™ 7 | Customer Welcome Packet - Implementation May 2017 3. Customer Participation Without timely information exchange and approvals from the client, it is virtually impossible to install a system within a specific scope, schedule or budget. Customer participation and collaboration is critical for a smooth implementation. Several departments or individuals from your organization will participate at various stages in the process. Project Manager The most critical individual is your Project Manager, who will serve as the single point of contact between your organization and Ward. The PM is responsible for coordinating and finalizing all documents and information required to ensure all tasks on our checklists are completed. Internal Advocate A user or internal advocate for the fuel system responsible for communicating within your organization for required information. TIP: We have found customers who do not have an individual assigned for internal communication have a more difficult time adapting to the new level of control the fuel management system provides. IT Department Your IT/Network Department must be available to assist during multiple phases of the implementation process. A resource must be available from IT to assist with setup of your server hardware and network configuration. A person with administrative level permission is required to ensure that the proper applications are loaded into your internal systems prior to Fuel View installation. An IT contact must be available to ensure that your corporate network, ports, and firewalls are properly configured for Fuel View. A database resource must be assigned to ensure the database environment is available and properly configured. We strongly recommend a primary IT contact be appointed to coordinate the individuals and listed requirements. ™ 8 | Customer Welcome Packet - Implementation May 2017 4. Customer Supplied Materials Technology •Application server with Windows Server 2012 or newer pre-installed •Communications server •Database server and software (example: MS SQL 2014) •Internet Explorer 11 (or other supported browser) •VPN or remote access to the client system •Administrator level access to the associated servers and databases •Static IP addresses, subnet mask and gateway for the FCTs •Open TCP Port 3001 in the firewall between the servers and FCTs •Network communication at each fueling site •Network wiring to each FCT – if applicable (dependent on contract) •Upgraded electrical wiring to each FCT – if applicable (dependent on contract) •802.11 encryption protocols •Legacy data conversion requirements Fuel Scripts •Review sample fuel script •Provide applicable comments •Provide approval for final script Schedule •Selection of first site, based on Ward recommendation •Order of site installation reviewed and approved •Company calendar showing all days that sites are closed to Ward HID •Sample pre-programmed HID card for Ward to use during testing •Facility code and card range for the HID being used •Sample pre-programmed key fob for Ward to use during testing •HID hexadecimal code for each user/fueler on the Employee template •Information required prior to build of database Staffing •Project manager •Communications person •Primary IT contact (Hardware, Network, Software, Database resource) ™ 9 | Customer Welcome Packet - Implementation May 2017 Templates •Completed Site Information •Completed Employee List •Completed Vehicle List •Completed Department List •Completed Network Template (required if using W4 CANceivers or W4 Truck Mount FCTs) •Interface documentation Typical Pre-Installation Task List Tasks are divided into six categories across three phases. Once all requirements in each phase have been completed, fuel system installation may begin. Phase One Staffing 1. Project Manager assigned and contact information provided 2. IT contact assigned and contact information provided 3. Hardware resource assigned and contact information provided 4. Software resource assigned and contact information provided 5. Database resource assigned and contact information provided 6. Communications resource assigned and contact information provided Technology 1. Application server selected and Internet Information Services (IIS) pre-installed on the server 2. Communication server selected 3. Database server selected 4. Configuration of servers verified with Ward 5. Call customer support for sign-in and password for www.ejward.com 6. User workstations with Internet Explorer 11 HID For customers with HID cards, all requested information will be discussed at kickoff. 1. Provide sample, pre-programmed HID badge to Ward – if applicable 2. Provide sample, pre-programmed key fob to Ward – if applicable 3. Provide HID numbers (see the Employee List template) ™ 10 | Customer Welcome Packet - Implementation May 2017 Phase Two Fuel Scripts 1. Sample fuel scripts received from Ward 2. Sample fuel scripts reviewed internally 3. Comments on fuel scripts have been provided to Ward 4. Fuel scripts have been approved by Ward Project Manager and customer 5. Finalized and approved fuel scripts have been returned to Ward Templates 1. Site information template completed and submitted 2. Employee list template completed and submitted 3. Vehicle list template completed and submitted 4. Department list template completed and submitted 5. Network template completed and submitted Schedule 1. Order of site installation finalized for Ward’s review 2. Initial schedule for installations provided by Ward reviewed by customer 3. Final schedule and site order reviewed and agreed upon with Ward Phase Three 1. Installation support 2. Web site name and/or IP address set up for Fuel View software 3. VPN access to the Fuel View, database and communication servers provided 4. Static IP addresses assigned to each FCT, Wi-Fi Client & AP, TLS (if required) 5. All ports open for communication with the FCTs 6. Network cables/connectivity available at all FCTs: Cat5 cabling provided to FCTs and tested; 802.11 networks provided and tested 7. System Administration group identified 8. Software training for System Administrator completed 9. User training – if applicable 10. Legacy data conversion requirements ™ 11 | Customer Welcome Packet - Implementation May 2017 5. Site Acceptance After each Site’s installation is finished, the Ward technician will request a completed Signature of Site Completion Form from the site supervisor or designated client representative. The Ward or authorized technician will review the form with the client to validate all agreed work was completed. Ward believes this practice is of mutual benefit for any project when both parties agree the requested work was completed to the satisfaction of the designated representative. The form provides a section for any concerns or comments the client has. Items identified in this section will be addressed as quickly as possible. Transition to Warranty Once each Site Completion Form has been signed and all items listed within the Notes section are addressed to the customer’s satisfaction, the individual site will be considered complete and will begin its warranty period. Typically, Ward begins the customer warranty period when a site is completed; however, this may vary depending on the terms of your contract. Transition to Customer Service At the completion of the project, the management of your warranty will be assumed by Ward’s Technical Support Group and you will no longer contact your Project Manager with issues or questions. Ward’s Project Manager at the time of the transition will schedule a meeting to introduce the Technical Support Group Manager who will follow up with an informative Support Welcome Packet. Customer Support Ward believes providing useful customer resources is a vital component to overall customer satisfaction with easy access and 24/7 availability to critical resources. On our website in the eResources library, customers have access to CANceiver compatibility table, user manuals and troubleshooting guides. ™ 12 | Customer Welcome Packet - Implementation May 2017 Appendix 1: Server Requirements FLEET SIZE 1 - 999 VEHICLES FLEET SIZE 1K - 2999 VEHICLES FLEET SIZE 3000+ VEHICLES Web Dual Xeon processors 2.2+ GHz @ 1866MHz 2 core minimum 12 GB RAM 150 - 300 GB Drive Space Dual Xeon processors 2.2+ GHz @ 1866MHz 2 - 4 core minimum 12 GB RAM 150 - 300 GB Drive Space Dual Xeon processors 2.2+ GHz @ 1866MHz 2 - 4 core minimum 12 GB RAM 150 - 300 GB Drive Space Communication / Application Dual Xeon processors 2.2+ GHz @ 1866MHz 2 core minimum 24 GB RAM 250 - 500 GB Drive Space Dual Xeon processors 2.2+ GHz @ 1866MHz 2 - 4 core minimum 24 GB RAM 250 - 500 GB Drive Space Dual Xeon processors 2.2+ GHz @ 1866MHz 2 - 4 core minimum 24 GB RAM 300 - 500+ GB Drive Space Database Dual Xeon processors 2.2+ GHz @ 1866MHz 2 core minimum Minimum 64GB RAM 750G - 1TB Drive Space Dual Xeon processors 2.2+ GHz @ 1866MHz 2 - 4 core minimum Minimum 128GB RAM 1TB Drive Space Dual Xeon processors 2.2+ GHz @ 1866MHz 4 - 6 core minimum Minimum 128+GB RAM 1 - 2+TB Drive Space Software MS SQL 2014 or Newer Windows Server 2012 IIS: .NET 4.5 .NET 4.0 MS SQL 2014 or Newer Windows Server 2012 IIS: .NET 4.5 .NET 4.0 MS SQL 2014 or Newer Windows Server 2012 IIS: .NET 4.5 .NET 4.0 Ports Required Open Web: 5000 to 5010 (existing W4 customers) HTTPS: 443, 8443 HTTP: 80, 8080 WatchDog Service: 9898 TCP Connect: 3001 TCP Online Listener: 4001 TCP Online Listener: 4003 TCP CANceiver: 13000 PuTTY: 22 Web: 5000 to 5010 (existing W4 customers) HTTPS: 443, 8443 HTTP: 80, 8080 WatchDog Service: 9898 TCP Connect: 3001 TCP Online Listener: 4001 TCP Online Listener: 4003 TCP CANceiver: 13000 PuTTY: 22 Web: 5000 to 5010 (existing W4 customers) HTTPS: 443, 8443 HTTP: 80, 8080 WatchDog Service: 9898 TCP Connect: 3001 TCP Online Listener: 4001 TCP Online Listener: 4003 TCP CANceiver: 13000 PuTTY: 22 Options VM Environments SMTP Server Oracle Passive GPS Sync VM Environments SMTP Server Oracle Passive GPS Sync VM Environments SMTP Server Oracle Passive GPS Sync Load Balancer NOTE: Customer is responsible to provide the HTTPS (SSL) Certificate so all communications between your browser and the website are encrypted in all Fleet size scenarios. ™ 13 | Customer Welcome Packet - Implementation May 2017 Appendix 2: Sample Network/Server Information Template The Template form is provided by the Implementation Project Manager. ™ 14 | Customer Welcome Packet - Implementation May 2017 Appendix 3: Sample Site Completion Check List The Template form is provided by the Implementation Project Manager. FCT IP Address FCT Subnet Mask FCT Gateway 3121 IP Address 3121 Subnet Mask 3121 Gateway ` 4121 IP Address 4121 Subnet Mask 4121 Gateway TLS IP Address TLS Subnet Mask TLS Gateway Time Date TLS Model 1 Conduit And Wire Pull Requirements a Conduit and seals installed according to code Complete Incomplete  Non Applicable b AC Voltage: Breaker panel to W4‐FCT Complete Incomplete  Non Applicable c Network line, TCP/IP: "D" Mark to W4‐FCT (If applicable)Complete Incomplete  Non Applicable d Network cable to TLS (if applicable)Complete Incomplete  Non Applicable e Control Wiring: Dispensers to W4‐FCT Complete Incomplete  Non Applicable f Pulser Wiring: Dispensers to W4‐FCT Complete Incomplete  Non ApplicablegCheck for proper isolated safety ground, from service ground Complete Incomplete  Non Applicable 2 Site Construction a Permit Signed off from Inspector Complete Incomplete  Non Applicable b Site construction site clean and free of debris Complete Incomplete  Non Applicable 3 W4 FCT InstallationaProperly anchored on island Complete Incomplete  Non Applicable b Safe user access in front of W4‐FCT Complete Incomplete  Non Applicable c Safety bollards where needed Complete Incomplete  Non Applicable 1 W4‐FCT Configuration a 3121 Signal Strength at the FCT:db 4121 Signal Strength at the FCT: db b 5‐Hose Bd., be sure unused hose switches are turned to OFF Complete Incomplete  Non Applicable c Check for proper relay configuration for each hose Complete Incomplete  Non Applicable d All hoses wired to after reset for VIT operation Complete Incomplete  Non Applicable e 5‐Hose Bd., "JP34" jumper configured for proper hose numbers Complete Incomplete  Non Applicable f IP Address pointing to proper server after test Complete Incomplete  Non Applicable g Pumps labeled accordingly Complete Incomplete  Non Applicable h Verify Script Complete Incomplete  Non Applicable i Verify and confirm pulse ratio matches database Complete Incomplete  Non Applicable 4 Site Name: 2 3 Site Address: Site Technician Appointment Time and Date: TANK # 1 5 6 Construction Check List Ward Check List SysID: Terminal Number: Fuel Type Pump(s)Tank Size W4 FCT INSTALLATION CHECK LIST Host IP Address_______________________________________ ™ 15 | Customer Welcome Packet - Implementation May 2017 2 W4 Communications a RF Comm: Check antenna(s) for proper installation Complete Incomplete  Non Applicable b Confirm network connection to terminal Complete Incomplete  Non ApplicablecDownload terminal: Check for proper OS and configuration Complete Incomplete  Non Applicable 3 Dispenser Test a Check each hose for [Enable, Off Hook, Pulse] logic Complete Incomplete  Non Applicable b 5‐Hose board pump control switch. [Auto, Off, Bypass ] i Off: Hose will not pump Complete Incomplete  Non Applicable ii Bypass: Hose will pump anytime it is turned on Complete Incomplete  Non Applicable iii Auto: Hose will only pump when enabled by card or RF‐VIT Complete Incomplete  Non Applicable c Verify gallons pumped with host for each hose: i Vehicle #Employee #:Gallons: ii Vehicle #Employee #:Gallons: iii Vehicle #Employee #:Gallons: iv Vehicle #Employee #:Gallons: v Vehicle #Employee #:Gallons: vi Vehicle #Employee #:Gallons: vii Vehicle #Employee #:Gallons: viii Vehicle #Employee #:Gallons: ix Vehicle #Employee #:Gallons: x Vehicle #Employee #:Gallons:d Check server for transactions Complete Incomplete  Non Applicable e Check for proper fuel type for each hose Complete Incomplete  Non Applicable f Hoses with ESV. Check for back feed wiring or cross Complete Incomplete  Non Applicable wiring from hoses on same tank 4 RF‐VIT a RF‐VIT terminal antenna installation is proper Complete Incomplete  Non ApplicablebRF‐Hose module installed correctly on nozzle Complete Incomplete  Non Applicable c RF‐Hose module programmed correctly with JettScan Complete Incomplete  Non Applicable d Check hose operation with test CANceiver, VIT, Tag or JettScan Complete Incomplete  Non Applicable 5 a Check TLS for proper setup and programming Complete Incomplete  Non Applicable b Check communications between TLS and Server Complete Incomplete  Non ApplicablecVerify tank level data from TLS Complete Incomplete  Non Applicable 6 a Confirm with site representative Complete Incomplete  Non Applicable SITE SUPERVISOR / REPRESENTATIVE Date I acknowledge that installation has been completed E. J. WARD, INC. TECHNICIAN Date SIGNATURE: SIGNATURE: TLS Tank Monitor Review with site supervisor/representative NOTES: ™ 16 | Customer Welcome Packet - Implementation May 2017 121 | Contact E.J. Ward.indd Contact E.J. Ward Ward’s mission is to provide industry leading technical support by ensuring all issues are promptly and wholly resolved. You can speak with a highly skilled Technical Support Specialist between 8am-5pm Central Time, Monday through Friday. If you contact Ward during non business hours, a Specialist will return your call the following business day. Contact Ward for questions related to: •Installation of new hardware or software •Troubleshooting malfunctions •Ordering new or replacement hardware Phone ..................................................................................................................................................................................210.824.7383 800.580.WARD (9273) Fax .........................................................................................................................................................................................210.824.2031 Email ...................................................................................................................................................................support@ejward.com orders@ejward.com returns@ejward.com Web ............................................................................................................................................................................www.ejward.com ™ Page | 1 E.J. Ward Inc. Service, Call Center and Support Agreement SERVICE CALL CENTER AND SUPPORT AGREEMENT BETWEEN E.J. WARD, INC. AND CITY OF CLEARWATER, FLORIDA The Agreement detailed herein defines the entire service provided for continuous, trouble-free operation of the Hardware and Software purchased from EJ Ward Inc. This agreement may be modified in writing subject to the approval of both parties. Furthermore, either party may cancel in part or all of this agreement with sixty (60) days written notice of intent to cancel. Definitions: • City of Clearwater, for this agreement shall be known as the “Buyer”. • E.J. Ward, Inc., for this agreement shall be known as the “Seller” or “EJW”. • Excessive, is defined for the purpose of this agreement as time spent beyond what is considered acceptable, proper, usual, or necessary to solve the problem solely based on the judgment of the “seller”. • Normal business hours, for the purpose of this agreement are defined as Monday – Friday, 8 am - 5pm. CST, excluding Local, State, and Federal holidays. • Preferred Rates, for the purpose of this agreement are defined as those rates in the current published Price List defined as 10% off list for customers who maintain a Platinum Plan to include Software and Hardware supplied by “EJW”. • Overtime Rates, for the purpose of this agreement are defined as charges equal to 1.5 times the base rate (preferred or otherwise) for work performed after normal business hours, on weekends or holidays. • On-site Overtime Service Rates, for the purpose of this agreement are defined as charges equal to 1.5 times the base rate (preferred or otherwise) for work performed after normal business hours, weekends, or holidays with a minimum of four (4) hours, not inclusive of travel or other direct costs. System support will be provided as set forth in the following sections: Extent of Coverage: 1. “EJW” shall provide the “Buyer” service call support on a 24 hour / 7-days per week basis 2. “Buyer” will use the “EJW” Support Number to report an issue. Service requests to “EJW” are broken into one of 2 categories by the “Buyer” caller: (1) Phone support; or (2) Site support. “Buyer” must contact “EJW” directly for all Support and On-site repair requests. If “Buyer” contacts a third- party service provider directly, “Buyer” is responsible for payment directly to the third party for all parts and services performed by the third-party service provider, even if that provider is a local authorized or certified “EJW” service and repair provider. Page | 2 E.J. Ward Inc. Service, Call Center and Support Agreement Phone support - Support Number: 1-800-580-WARD (9273) or email support@ejward.com (email for non- emergency support only during normal business hours: Monday-Friday 8am-5pm CST) 1. This service will be provided 24/7 per terms outlined in each plan option 2. “On-site” Emergency service after hours is available as required a. On-site Emergency service after hours is available per the On-site Overtime Service Rates. “Buyer” must provide Server and Database access before “EJW” technician is dispatched to ‘Buyer” site. “EJW” will return the service call within the following time requirements: 1. Four (4) hours to the number provided in the service call between the hours of 8 am-5 pm Monday - Friday Central Time; or 2. Eight (8) hours to the number provided in the service call report during Evenings, Weekends and Federal Holidays. Process: The call center operator will record each service request by ticket # and record the problem in writing. The operator will contact the on-call service technician. Should the on-call technician not be reached within 4 hours, the back-up on-call technician will be contacted. In the event, the back-up technician is not available; the Regional Field Service Manager will be contacted. Reported issues will be addressed in the following manner: 1. Priority 1 – Requires immediate attention as performance is unreasonably degraded (i.e. the system is completely down). Every effort will be made in providing an immediate resolution. Issue resolution is normally no more than forty-eight (48) hours. 2. Priority 2 – Requires urgent action, as failures are extremely inconvenient (i.e. a site is down). Every effort will be made to provide a resolution as soon as possible, in most cases, within five (5) Business days. 3. Priority 3 – Requires routine action, as failure is only somewhat inconvenient. Resolution will be provided as soon as possible and in most cases within fourteen (14) business days. Site Support: On-site service within the following time requirements and limitations described will be provided: 1. 12 - 24 hours if service request between the hours of 8 am & 5 pm Monday – Friday; or 2. 24 - 48 hours if service request between the hours of 5:01 pm & 7:59 am Monday – Friday; or 3. 24 - 48 hours if service request between the hours of 4:01 pm Friday & 7:59 am Monday; or 4. 24 - 48 hours if service request occurred on any Local, State or Federal Holiday. 5. Five (5) business days for locations with either: a. No local authorized service technician; or b. Air travel is required to support the location Exchange Policy: Exchange and/or repair of components is two to three (2/3) days after the receipt of the items in need of repair or exchange or after the receipt of a request for shipment (RMA) if there is no exchange or repaired board available. Customer's exchange and shipment to Ward must comply with Ward's Return Material Authorization (RMA) policy and reference a ticket number assigned by “EJW” Technical Support. Page | 3 E.J. Ward Inc. Service, Call Center and Support Agreement Service Limitations: “EJW” cannot be deemed non-compliant with service requirements inclusive, but not limited to the following conditions: 1. Acts of God and Man Made Events: Disruptions caused by heavy rains, earthquakes, flooding, tornadoes, lightning strikes, hurricanes, fires, snow, ice, sleet, or road closures and detours caused by Town, City or State construction projects where normal street or interstate traffic patterns to the customer site are disrupted or stopped. 2. Non-access: Situations where “EJW” technicians are denied access to the fuel terminal sites due to locked fences, blocked passages, or no one answering the phone number provided to the service call operator. 3. Malicious Acts: Inclusive of but not limited to; vandalism, theft, gun shots, rock throwing, fire, and anywhere damage is not attributable to normal, fair wear and tear of hardware components. 4. Negligence: Inclusive of but not limited to; third party contractors hired by the “Buyer” to perform fuel site maintenance that would impair the performance of “EJW” equipment by disrupting electrical service or making non-authorized adjustments or modifications to “EJW” installed hardware or terminals. 5. Procedural Changes: Inclusive of but not limited to; the “Buyer” changing the manner in which their employees interact with the “EJW” fuel automation hardware. These changes may require systemic changes which are considered outside the normal software maintenance activities (i.e., operating systems “OS”, business rules or software customization requests). 6. Non-”EJW” Equipment or Systems Failure: Inclusive of but not limited to; “EJW” dispatching a technician and the cause of incident is found to be other than an agreement covered product. Standard published pricing will apply for authorized repairs. Service Response versus Service Repair: “EJW” will meet the service response requirements as defined in this agreement. The actual time to repair your equipment however, cannot be determined or controlled by the response time period. Each service incident will require analysis to determine the failure, actual repair, and testing to confirm the unit is working within specifications. In special cases, the repair may require unique parts which will require additional time to obtain. Definition of Maintenance: Under the terms of this agreement with the “Buyer”, “EJW” agrees to provide contracted for maintenance activities to address normal fair wear and tear issues found with the normal use of the equipment Examples of non-covered equipment inclusive of; but not limited to:1. Dispensers, Pumps and Pulsers 2. Tank Level Monitoring (TLS) 3. Electrical System 4. Network (TCP/IP) 5. Moxa 508A Network Switch 6. Wi-Fi Access Points 7. Servers (Virtual or Physical) 8. CAT 5 Cable, Routers, Bridges 9. Cabinet, Base, Lock Assembly 10. Hose Modules 11. Vehicles or Fleet Assets 12. CANceiver, VIT, Cables or GPS antenna 13. EM-Tag or Ring Antenna 14. All hardware, and software versions of the Jettscan or vehicle device programmers 15. Cards, Datakeys, Fobs, Encoders, Embossers, Printers 16. Equipment & Software Upgrades E.J. Ward Inc. Service, Call Center and Support Agreement Page | 4 Third Party Hardware Support: “EJW” agrees to provide “Buyer” with limited technical support in troubleshooting problems associated with “Third-Party” or “Non-Covered” hardware or software. “EJW” will consult with representatives of other support organizations, if required. 1. If the time required to resolve third party issues is excessive, “Buyer” will be contacted for authorization to proceed before charges will be incurred by “Buyer”. Hardware Covered: Included in this coverage are the hardware components of the Fuel Control Terminal (FCT) that were installed as part of the Automated Fuel Management System (AFMS) either by “EJW” Technicians or a certified Contractor Technician. 1. Field modifications, additions or changes to the hardware without written authorization or approval by “EJW” may void this agreement. 2. EJW is not liable if parts are no longer available due to end of life (EOL) or not available from subcomponent suppliers for any hardware covered under this agreement. Extent of Software Coverage: “EJW” will ensure the proper operation of all “EJW” copyrighted software programs and their interface to external programs previously installed by “EJW”. Software upgrades are not included (examples are W3.x to W4.x or Access to SQL or to Oracle or any other combination). Software Covered: Included in this coverage are the following “EJW” copyrighted software programs installed on the server / servers and backup system. 1. Fuel View Software, communication programs, listeners and parsers 2. Database Interface Programs written by “EJW” 3. Business Rule Operating Systems “OS” 4. Reports, Screens, Scripts and Data Files Items Not Covered: “Buyer” supplied or 3rd Party supplied software, computer or network equipment not specifically contracted for under this agreement. Non-covered software and equipment include, but are not limited to: 1. Servers, Laptop and Desktop computer hardware 2. Support for Server / PC Moves / Transfers of the application software or Databases 3. Network Hardware 4. Third Party Software, Operating Systems and Relational Databases It is “Buyer’s” responsibility to update and maintain all updates, patches and fixes for 3rd party software and databases. “Buyer” responsibility includes, but is not limited to: 1. Microsoft and Oracle Operating Systems 2. Microsoft and Oracle Database updates 3. Java updates E.J. Ward Inc. Service, Call Center and Support Agreement Page | 5 Third Party Software Support: “EJW” agrees to provide the “Buyer” with limited technical support in resolving problems associated with “Third Party” operating systems, database and network problems. “EJW” will consult with representatives of other support organizations as necessary. 1. If the time required to resolve external issues is excessive, “Buyer” will be contacted for authorization to proceed. Disaster Recovery: It is “Buyer’s” responsibility to provide enterprise and / or system level disaster recovery in accordance with its own information technology standards and business risk requirements. 1. “EJW” can provide assistance to “Buyer” in the absence of IT standards recommend best practices. Assistance will be limited to best practice recommendations only. Vehicle Equipment: “EJW” will provide phone support only for issues pertaining to Vehicle Mounted Equipment, Hose Module, EM-Tag, and JettScan. 1. On-site service and replacement of this equipment will be billed separately at the labor rates listed in current Price List. Miscellaneous Additional Conditions: Additional equipment may be added to this agreement at any time; existing Warranty will be taken into consideration. Initial repairs, when required to qualify for addition to this Agreement, are based solely on the judgment of the “EJW” and will be billed separately at the published labor rates, and then current list price of parts. Future Support Agreement costs will be adjusted to reflect additional equipment as needed. Based solely on the judgment of “EJW”, “EJW” shall retain the exclusive right to refuse adding, or may remove equipment from this agreement based on the equipment’s serviceability. Shipping: The standard method of shipping is by ground for this agreement, for additional information refer to “EJW”’s published Price List for shipping information: 1. “Buyer” may request expedited shipments such as “next day” or “two day” for additional cost. 2. “EJW” shall retain the sole right to use those expedited methods to insure system up time at its cost when “EJW” determines such actions are warranted under this agreement and its use does not establish precedent for future shipments. Sites greater than one hundred (100) miles from service center: Location of hardware or software requiring service or support on-sites greater than 100 miles from an “EJW” office or service center shall be subject to additional technician time and travel costs based on its current published Price List. Distances for invoicing are verified using “Google Maps” routing on a round trip basis. E.J. Ward Inc. Service, Call Center and Support Agreement Page | 6 Platinum Plan Agreement Pricing • Includes Annual Call Center Support and Hardware, Service, & Parts • 10% off list price based on EJW current published Price List related to Labor, Software and Hardware for items not covered under this agreement (only one discount shall be applied towards purchases. Third Party contract purchases excluded ) Annual Call Center Support Fee • Ensures the proper operation of the “EJW” Software, communication programs, listeners and parsers, Database Interface Programs written by “EJW”, Business Rule Operating Systems “OS”, Reports, Screens, Scripts and Data Files • Includes scheduled and periodic updates, fixes, and patches as released within the customer’s current version of Fuel View Software. • Unlimited calls per month; 24x7 Call Center support for Software and Hardware supplied by “EJW” Total – Call Center Support Fee = $4,500 Hardware Service, & Parts Pricing - Annual • Only “EJW” FCTs less than ten (10) years old or under previous support agreement. • “EJW” FCTs greater than ten (10) years old may require inspection, consult factory for pricing. • FCT-XT is no longer covered under this plan unless noted below. • “EJW” cannot be held liable if parts are no longer available due to end of life (EOL) or unavailable from subcomponent suppliers for its product lines. • On-site, Labor and Parts included - Sites over 100 miles from an “EJW” office are subject to additional technician time and travel costs. a. Year One = Warranty b. Year Two = $85 per Fuel Control Terminal (FCT-W4-05H) per month - ($1,020 per year each) FCT-W4-05H - Total __2___ X ($ per year) = $_2,040_ Annual Fee *Additional Hardware may be added and priced separately for parts and labor support. Miscellaneous Services: OPTIONAL SERVICE – One (1) site visit per year to each FCT for preventive maintenance. Only available if system is within 100 miles of an “EJW” regional service center. Sites over 100 miles are subject to travel costs. a. $375 per Fuel Control Terminal (FCT) per year Total FCT Count ____ X $375 = $_________ Annual Fee E.J. Ward Inc. Service, Call Center and Support Agreement Page | 7 Total Annual Agreement Fees Annual Fee (Choose Plan by marking with “X”) Call Center Support $4,500 Hardware, Service, & Parts $2,040 Miscellaneous $ Annual Platinum Agreement Fees – All Sub Sections $6,540 If “Buyer” or E.J. Ward System owner and/or their third-party service provider chooses to terminate or not carry a Service and Support Agreement; telephone support, On-site service, or work performed at E.J. Ward’s San Antonio Texas service facility will be provided at the rates published in the current Price List for labor, software and hardware. Limitation and Disclaimer of Warranties: “Buyer” acknowledges and agrees that the products, including all software components thereof, purchased or supplied under this agreement from E.J. Ward, Inc. are “Goods” within the meaning of Article 2 of the Uniform Commercial Code. EXCEPT AS SET FORTH HEREIN, E.J. WARD, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS SOLD OR PROVIDED UNDER THE TERMS OF THIS AGREEMENT TO “BUYER”, AND EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability: Once products sold or provided under this agreement by E.J. Ward, Inc. are delivered to “Buyer”, “Buyer” shall be solely responsible for the use of such products, including any and all results caused by the use or misuse of the products, and including using such products in compliance with all applicable local, state, federal, and international laws. In no event shall E.J. Ward, Inc., or its directors, officers, employees, agents, or affiliates, be liable to the “Buyer” or to any third party for: (i) any lost profits, any data loss, any loss of business, or any indirect, consequential, exemplary, incidental or special losses or damages of any kind or nature whatsoever in connection with or arising out of the use or sale of products to “Buyer” by E.J. Ward, Inc.; or (ii), any losses or damages of any kind or whatsoever, including personal injury or death, arising out of “Buyer’s” or a third party’s installation, misuse, use, whether such use is proper or improper, or modifications of the products sold to “Buyer” by E.J. Ward, Inc., not even in the case where E.J. Ward, Inc. has been advised of the possibility of such loss or damage. The sole and exclusive remedy of “Buyer” or any third party for any claim, loss, or damage not excluded under clauses (i) or (ii) of the preceding sentence and that in any way relates to, or arises out of, the products sold to “Buyer” by E.J. Ward, Inc. shall be limited to repair or replacement of such products sold or provided under the terms of this agreement to “Buyer” by E.J. Ward, Inc. during the initial first calendar year placed into service. Indemnification: EXCEPT AS OTHERWISE PROVIDED BY ANY PORTION OF THE AGREEMENT NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCURRED OR SUFFERED BY THE OTHER ARISING AS A RESULT OF OR RELATED TO THE USE OF THE HARDWARE or SOFTWARE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF THE OTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. E.J. Ward Inc. Service, Call Center and Support Agreement Page | 8 Venue: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas. This Agreement shall be construed, governed by and interpreted in accordance with the laws of the State of Texas. Any legal action for enforcement or any other issue relating to this contract shall be instituted in the Superior Court of the State of Texas located in Bexar County. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Call Center, and Support Agreement is effective ______________ continuing to _____________. The agreement does automatically renew and requires annual notification by the "Buyer" within sixty (60) of expiration for cancellation. Cost adjustments to the agreement are applied on an annual basis based on current labor rates, service history, and the addition of hardware or software components. Annual payment for the agreement to be made within thirty (30) days of expiration of the initial Warranty period or Agreement start date, whichever is applicable. “EJW” may cancel the agreement if Annual payment for the Service, Call Center and Support Agreement has not been received within 60 days of Agreement start date. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives. CITY OF CLEARWATER, FLORIDA E.J. WARD, INC. Countersigned: __________________________ George N. Cretekos Mayor ______________________ Markay R. Ward President By:_______________________ William B. Horne II City Manager _______________________ Leslie A. Patterson Inside Sales & Account Manager Approved as to form: __________________________ Assistant City Attorney Attest: __________________________ Rosemarie Call City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5560 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Approve a License, Maintenance and Software Services Agreement to FASTER, Inc. of Norfolk, VA, for fleet asset and work management software and services in an amount not to exceed $229,432.00, in accordance with Code of Ordinances Section 2.564(1)(d) Other Government Bid and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2008, the City implemented Synergn Asset Management Solutions (now, Oracle OWAM), as a fleet asset and work management solution for its Citywide management of its truck, vehicle and equipment maintenance operations. City staff has conducted significant research within this solution sector and has identified FASTER as the preferred solution provider. FASTER is used by over 50 other local government entities within the State of Florida. The contract is being piggy-backed on GSA Contract Number: GS-35F-0251U Contract Period: February 14, 2018 - February 13, 2023. This project is intended to improve maintenance efficiency, vehicle longevity and reduce vehicle downtime and administrative processing. First year expenses are anticipated to be approximately $208,574. A contingency of approximately 10% ($21,000) is also included. The implementation consists of the above-listed elements and is projected to take 6 to 9 months for implementation. Ongoing maintenance expenses for years 2 - 5 will be approximately $51,000, $54,000, $57,000 and $60,000, respectively. The 5-year Total-Cost-of-Ownership will be approximately $452,000. APPROPRIATION CODE AND AMOUNT: Funds are available in capital project 94883, Business Process Review & Improvement, to fund this contract. Expenses for years 2-5 will be payed for from the General Services-Fleet operating budget. Page 1 City of Clearwater Printed on 1/17/2019 FASTER Asset Solutions 100% Employee-Owned Created For: City of Clearwater Date: August 30, 2018 Senior Software Consultant: Steve Specht Pricing in this proposal is valid for Contract Number: GS-35F-0251U Contract Period: February 14, 2018 - February 13, 2023 Qty Description Cost 1 Includes: 1. SIN 132-33: Perpetual Software Licenses Server Software plus 20 Client License (Cost: $58,200) 2. SIN 132-50: *Training Courses for Information Technology Equipment and Software (FPDF Code U012) On Site Set up and Configuration Training Course (Cost: $5,700) 3. SIN 132-50: *Training Courses for Information Technology Equipment and Software (FPDF Code U012) On Site Key User Training Course (Cost: $5,700) 4. SIN 132-50: *Training Courses for Information Technology Equipment and Software (FPDF Code U012) On Site End User Training Course (Cost: $5,700) 5. SIN 132-50: *Training Courses for Information Technology Equipment and Software (FPDF Code U012) On Site "Go Live" Preparation Training course (Cost: $5,700) 6. SIN 132-51: Information Technology (IT) Professional Services Project Management Services for SIN 132-32 and SIN 132-33 are mandatory on initial purchase - Up to 20 Client License (Cost: $19,400) *Mandatory Training Course $100,400 GSA Software & Services Total $100,400 Statement of Work (SOW), Pricing & Payment Terms Includes GSA Pricing The cost below represent the open market price to upgrade the above GSA purchase of FASTER Win to FASTER Web. (If you opt for this, you will have license rights to FASTER Web and not FASTER Win.) FASTER Web Upgrade Pricing in this proposal is valid for 30 days. FASTER Web Upgrade Software & Services Open Market Pricing 1207 024 – Additional Software License Cost for FASTER Web: Standard Active Assets This price includes up to quantity listed standard active assets (which are defined as originally valued at $5000 or greater and active). Each additional asset will be $79.00. This is includes one instance of the FASTER Web Application with one database. $25,903 1 050 – Unlimited Named Accounts: Unlimited user access (named accounts) included. Included COTS Add-ons 1 207nc – Dashboard Add-on: Provides 20 standard metrics that monitor fleet industry performance measures. The dashboards have powerful configuration capability to enable effective display of data. They are also drillable in that you can click and drill into the data presented by the dashboard. And the Dashboards are role-based so that you can empower users based on their roles. $10,000 1 208 – Barcoding Software: Barcoding Software allows for Label Scanning and Printing. (Hardware is not included.) $6,000 1 300 – Single Vendor Fuel Import: The Fuel Import (FI) is a COTS add-on. It is a robust yet inexpensive way to import data from a Fuel System Vendor (FSV). It requires significant configuration and testing by FASTER. Below are important items the customer will need to provide for FASTER to configure, test and deploy: 1. FSV Fuel File Layout Definition – This is the layout for the export file you plan on receiving regularly from your FSV. It defines your fuel export file's columns, positions and/or delimiters (if used). 2. Fuel System Export Files - Live production export files from the fuel system, including the complete disbursement transaction data. A minimum of 100 transactions will be needed for proper testing. The export files generated from your fuel system must be flat files, not reports, and not generated in Microsoft Excel. It is important you ensure your FSV does not change this export file as any changes may require additional configuration and testing. 3. Completed FI-Customer Configuration Form -This is a detailed form that assists you in providing all the information required for the FI to be configured and tested properly. (This FI does not import Site & Dispenser information. You can add the importing of Site & Dispenser data to the FI for an additional ($2,500) cost.) $5,000 Data Services 1 400a - Level 1 Data Conversion and Testing: Equipment Birth Certificates, Parts Birth Certificates, Vendor Birth Certificates, Employees/Users Records. This product utilizes a utility and series of packages to convert your data to a FASTER Web database. As part of conversion, FASTER will perform two types of testing: 1. Functional stability testing to ensure that there are no data conflicts with the FASTER Web table structure; 2. Data Validation testing to test that data was converted properly. $6,000 1 401a – Extraction to SQL Staging Database: FASTER will provide an MSSQL staging database into which the Customer’s team will map and populate the data you extract from the former database. (After the Customer completes mapping and populating the data in the staging database, FASTER will execute the conversion level the Customer choses which is noted below to transform the data and create a FASTER Web structured database. FASTER will then perform data validation testing.) OR 402 – Extraction to Excel Data Mapping Sheets: If you do not have staff familiar with MSSQL, FASTER can provide a pre- designed data mapping product using Excel spread sheets. This Excel-based data mapping product can be used by your less experienced staff to populate all your data. It requires basic knowledge of Excel and solid knowledge of your fleet data. (After this work product is complete, FASTER will execute the conversion level you chose noted below to create your FASTER Web database and perform data validation testing.) $6,000 1 403a – Data Extraction Assistance:If you need assistance extracting, mapping or populating the data, FASTER can work with the Customer’s Team to extract, map and populate the data from the current database to the MSSQL staging database. Should you opt for this assistance, FASTER will charge a rate of $150/hour. TBD 1 405 – Data Cleanup: If the data in the current system is in need of correction prior to the extraction, the customer will be responsible for data correction that takes place in the legacy system. (However, as part of the implementation process, FASTER Fleet Consultants will provide advice and guidance related to data correction.) For customers who maintain reliable data, there should be no need for data correction. However, if past practices or flawed conversions permitted incorrect data to be entered in the current system, it is advisable that the customer correct this prior to the extraction process beginning. n/a Implementation Services & Training 1 500 – Project Management: Project Management (under 2000 Standard Active Assets) Included 1 511a – System Overview Meetings (SOM): System overview meetings take place via live, remote web-based sessions. They consist of two, 4-hour meetings that will occur on the same day or two consecutive days where the customer will ensure key users are able to participate. Included 1 511b - Configuration Training This takes place via live, remote, web-based sessions. It consists of two 4- hour sessions that can occur on the same day or two consecutive days. (If you bill by account-code, there will be a third session that will also take 4- hours.) Included 1 512 – System Training/Go-Live: This training includes the below training agenda. Because training is hands-on, the maximum class size is 20 attendees and includes a single training location. Additional training sessions and trainers can be added at an additional cost any time up to 4-weeks prior to your go- live. See Below 1 512a – Go-Live Week System Training - Asset Module (4 Hrs): Should include FASTER System Admin and Asset Managers. Included 1 512b – Go-Live Week System Training - Maintenance Module (4 Hrs): Should include FASTER System Admin, Maintenance Supervisor, Service Writers and/or Technician who will create work orders. Included 1 512c – Go-Live Week System Training - Parts Module (4 Hrs): Should include FASTER System Admin, Parts Staff and Parts Managers. Included 1 512d – Go-Live Week System Training - Fuel Module (1 Hr): Should include FASTER System Admin and Fuel Clerk. Included 1 512e – Go-Live Week System Training - Vendors & Accounting Modules (1.5 Hrs):Should include FASTER System Admin, Accounting Staff and Parts Managers. Included 2 512f – Go-Live Week System Training - Technician Workstation (2.5 Hrs): Should include FASTER System Admin and Technicians. Included 1 512g – Go-Live Week System Training - Additional Trainers (TBD): The above training costs provide for one trainer the week of go live. One trainer can provide one session of each of the above hands-on, user training sessions with the exception of the Technician Workstation. (Two Technician Workstation sessions can be accommodated by a single trainer.) If you determine your training needs require additional training sessions due to shift work or other needs, an additional FASTER trainer can participate during the week of go live for an added cost. Therefore, it will be important for you to determine the total number of training sessions and trainers you will need in order to then calculate your total training cost. Each of the above training sessions are role-based. So it should be easy to determine how many staff you have for each role. Typically the largest training sessions are the Technician Workstation and Maintenance Module. Please remember that you may want your Technicians to attend more than the Technician Workstation training module. To calculate your additional training costs: -- The cost (including room, board and travel) of the 1st trainer is included in the above costs. -- Travel, room and board will be a flat cost of $1,000 for each additional trainer. -- To calculate session costs, multiply the number of additional training sessions you need of each of the above session options by the cost of the training module as listed above (module session cost times how many instances of that module session you require). -- The above flat fee for travel, room and board of each additional trainer as well as the fees for the above training assume that training sessions will be held consecutively so as to minimize the number of days a trainer would need to be at your location. It also assumes there is no weekend stayover. If training will begin one week and extend into the next week, an additional $1,000 per trainer would apply for travel, room and board ($1,000 flat fee per trainer times the number of business weeks spanned). TBD FASTER Web Upgrade Software & Services Total $58,903 Total GSA and Open Market $159,303 NOTE: The below costs associated with hosting are optional. Should you opt to NOT have FASTER host, you can omit the associated hosting costs in the below green highlighted line-items. 1 620 – One-Time Hosting Setup $1,000 Software & Services Total if Hosting is Purchased $160,303 Upgrades, Support and Hosting (Paid Annually) Upgrades & Support 1 801 – Upgrades & Support:Annual support includes phone support, as well as upgrades for your FASTER Web software. Annual software maintenance is purchased or renewed every 12 months. Support services apply to FASTER Web COTS System, Add-ons and Customizations. After the initial renewal year, support costs will increase at 3% annually. (There is no Upgrade & Support cost until one year from contract.) $23,271 Upgrades & Support $23,271 Hosting 1 This will include one FASTER Web instance with a single Database. Back Ups: Hourly database backups will be conducted to ensure consistent and recoverable backups of the database to restore from in the event of an emergency. Database Backups will be limited to 14 days of recoverability. Backups will also be sent daily to a secure, off- site location Terms & Conditions: Hosting shall have a term of one year, and the term shall commence upon installation of FASTER Web Software. After twelve months from commencement, these hosting services will automatically renew in one-year increments unless cancelled, provided a written notice of cancellation is received sixty (60) days in advance of anniversary date of commencement. Prices above shall be valid for 30 days. The below fee for Upgrades, Support & Hosting will be due upon purchase of FASTER Web Software. (Note the separate line-item-cost for hosting is provided below to show the actual cost for hosting services. Hosting is invoiced on an annual basis in a combined invoice that includes Upgrade, Support & Hosting costs.) There will be a 3% annual increase for Upgrades, Support & Hosting at each 1-year anniversary. (If the Customer has less expensive cloud hosting available, the Customer has the freedom to host FASTER Web at any third-party host they may choose. Should the Customer choose to host with a provider other than FASTER, the below charge will not apply.) Hosting Subtotal $25,000 Upgrades, Support and Hosting Total $48,271 Payment Schedule By Milestone Milestone Percent Due 1. Hosting: 1st payment is due upon purchase. 100% 2. Software & Services: Upon Purchase Confirmation 30% 3. Software & Services: Upon Installation of Software 30% 4. Software & Services: Upon COTS System Overview 20% 5. Software & Services: Delivery of Converted Data and Go Live 20% 6. Annual Upgrade, Support and Hosting Due One Year from purchase and each successive year customer desires. 100% Hourly Work: Billed monthly TBD FASTER Web Product & Service Detail 1. Commercial-off-the-shelf and Custom Deliverables: a. Definition of a Commercial-off-the-shelf Software (COTS): The Statement of Work (SOW) may include custom work product, which is distinct and separate from the COTS software. There are also several COTS software add-on products that are sold separately (FASTER Web, MotorPool, Dashboard, Standard Fuel Import, Barcode, etc.). Therefore, if the product is not specifically listed in the SOW, FASTER will not be providing it to Customer. As FASTER Web is a COTS system, the underlying software consists of standardized programs (i.e., pre-built). The COTS software undergoes its own development cycle separately and distinctly from the implementation process. This means that no Requirements Gathering; Requirements and Design approval, Gap Analysis, Testing and development work is done on FASTER COTS Software. However, custom development and testing will be done in conjunction with the custom work noted in the SOW. Whatever COTS software, custom work and converted data are listed in the SOW as work product, will be deployed together to form a “Soft Go Live” instance. If there is additional work product that is to be delivered separately (after the initial go-live) that will be specifically listed in the SOW. The Soft Go Live instance is tested in the FASTER data center and then deployed to the Customer’s single environment that serves as the Customer’s test environment during the implementation and will become the production environment upon go-live. This permits the Customer to perform whatever tests it deems necessary in the later environment to which it will have access. The Customer having one environment through the life of the implementation that will be promoted to production is a critical aspect of quality control that is a distinctly important part of the FASTER COTS implementation process. And deviation from this may lead to additional cost. This process also reduces Customer IT expenses. While Custome work product (if any) is built to specific customer-identified specifications, the nature of COTS software requires that FASTER will not provide custom modification, code changes or database structure changes to any COTS software since this could adversely affect other customers. FASTER does enhance the COTS software as part of its normal life cycle based on customer input from its more than 370 customers, market research and on-staff fleet professionals. b. Custom Work Approvals & Testing: Custom work is defined as Integrations and Reports. The following process will be followed to ensure that reliable custom work is delivered as part of the implementation: After the Customer provides the following documentation, FASTER will create an extensive Requirements Document for the Customer to approve. This document will enable the Customer to have certainty about what it requires for a successful customization. Documents to be provided by Customer: ● In the case of a Custom Report, a mockup in Excel or similar table. ● In the case of an Integration, a Data Flow Map will show the data the Customer wants to import and/or export. ● A written summary of: ○ Execution of the integration: How should the integration be executed? For example, would it need to be run manually or scheduled to run automatically. ○ User Interface: Will a user interface be needed? If so, what are the key elements needed in the user interface? ○ Error Handling: How should errors be logged? Are there any specific errors or failures that could occur that would need the integration to notify the Customer about? ○ Special Considerations: Are there any additional business rules or special considerations that the Customer could not show in the data map that the integration needs to meet? After receipt of the above, FASTER will create a Requirements Document for the Customer’s approval. Once the Customer approves the Requirements, FASTER will begin and complete development and testing. And then the custom work product will be delivered with the COTS components in the form of the Soft Go Live noted above. The Customer may choose to do whatever testing it deems necessary on the custom work during the implementation in the Customer’s implementation environment (more below related to environments). Such testing will be administered by the Customer. FASTER will provide to the Customer any and all of the test cases that FASTER has already performed during its testing free of charge. c. COTS Software Approvals & Testing: As a result of the nature of a COTS system, the Implementation of the COTS software components will not require the Customer or FASTER to do test plan approvals, requirements documentation approvals, Gap analysis or Gap analysis approvals. The Customer may choose to do whatever testing it deems necessary on the COTS software components during the implementation in the Customer’s implementation environment (more below related to environments). Such testing will be administered by the Customer. FASTER will provide to the Customer any of the 50,000+ test cases that FASTER has already performed during its normal COTS release cycle free of charge. d. Data Conversion Testing: If noted in Schedule-A, FASTER will perform data conversion services: If data conversion services are provided, FASTER will perform data validation testing that validates the accuracy of the data FASTER loads into the Customer’s FASTER Web database against the data provided by the customer and confirms the Customer’s data in the FASTER Web database meets the business rules of FASTER. Once FASTER has completed data validation testing internally, FASTER will provide the Customer a Soft Go Live copy of the database that contains the data FASTER loaded. The Customer can then perform whatever due diligence it deems necessary to validate this data in the Customer’s implementation environment. If the Customer chooses it can redundantly perform some or all of the same Data Validation tests cases FASTER performed. FASTER will provide data validation test cases for the Customer to use free of charge. Therefore, additional Customer data testing can be done by the Customer. Any data defects the Customer finds and reports during its implementation testing that conform to the scope of data conversion work detailed in this Agreement will be corrected by FASTER. 2. Restrictions on Customer Use The computer programs and other items supplied by FASTER hereunder are for the sole use of Customer and Customer’s employees/agents. a. Competitive Uses: Customer cannot directly or indirectly lease, license, sell, offer, negotiate, or contract to provide any software similar to that supplied hereunder for any third party, but this clause shall not be construed to prohibit Customer from acquiring, for its own use, software from third parties. Customer cannot: 1. Copy or duplicate, or permit anyone else to copy or duplicate, any physical or magnetic version of the programs, documentation, or information furnished by FASTER in machine-readable form. 2. Create or attempt to create, or permit others to create or attempt to create, by reverse engineering or object program or otherwise, the source programs, or any part thereof, from the object program or from other information made available by FASTER (whether oral, written, tangible, or intangible). Customer may copy for its own use, and at its own expense, operator manuals, training materials, and other terminal copies made for their distribution. b. Demonstrations. Due to the proprietary nature of FASTER’s Fleet Management System, Customer cannot demonstrate or show this system to any competitors, or consultants that work with competitors, of FASTER. Software License Perpetual License: If the SOW contains a perpetual license and your organization is hosting FASTER in its data center, the below will apply. 1. Environment: Customer may use FASTER’s proprietary software in a single environment. An “environment” is defined as a single installation (instance) of the FASTER application and one FASTER database. FASTER publishes specifications for each release of the product. Therefore, the first use of a version of FASTER and each subsequent upgrade to a newer version requires that Customer’s environment comply with the minimum published specifications. Failure to meet the minimum specification puts Customer’s operation at risk and may lead to FASTER being unable to provide support until Customer’s environment complies with the published specification. a. SINGLE FASTER TEST/PRODUCTION ENVIRONMENT: In order to minimize costs, as well as control quality and reduce risk, there will only be one environment through the implementation process. This environment, upon installation and during implementation will be the test environment on which all tasks (system overview, configuration, testing, training, etc.) will be performed. Upon restoring a final, go-live, database, this test environment will then be promoted to become the production environment. b. TEMPORARY POST-GO-LIVE TEST ENVIRONMENT: After go-live of the FASTER system, Customer may stand up a temporary test environment on its premises, limited to the following circumstances: Testing a new version of FASTER; Testing the delivery by FASTER of any custom deliverables built by FASTER; Testing upgrades and/or patches Customer performs on Customer’s server operating system; or database patches or upgrades; or if Customer is replacing server hardware. This test environment can be stood up 30-days prior to any of the above-identified testing and must be turned off or deleted within 45-days after any of the above is complete. (This does not apply if FASTER is providing hosting.) OTHER TEST OR DEVELOPMENT ENVIRONMENT/S: Customer may have a separate test or development environment for other purposes at any time (e.g., during the implementation or after go-live) with of an additional license fee and an annual support fee. 3. Copies, Backups & Catastrophic Fail-Over: Customer may make regular backups of all programs and data and clone, copy or maintain a mirror image of the production environment for catastrophic fail over. This includes the use of virtual machine cloning. 4. Software Modifications: Customer may not modify the FASTER software, including, but not limited to, reverse engineering of any component of the FASTER system in order to perform any such modifications. Should Customer violate this provision, all warranties associated with the FASTER system are null and void. Countersigned: CITY OF CLEARWATER, FLORIDA ______________________ By: ______________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _________________________ _________________________ Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5534 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Approve Kokolakis Contracting Change Order 2 in the amount of $57,353.08 and Erickson Consulting Engineers (ECE) Supplemental Work Order 2 in the amount of $21,200.00 for the Clearwater Harbor Marina Wave Attenuator Replacement Project (18-0001-MA) and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 21, 2018, City Council approved a contract with Construction Manager at Risk J. Kokolakis Contracting to replace the northern most wave attenuator lost during Hurricane Irma at the Clearwater Harbor Marina in the amount of $621,067. This wave attenuator also served as a public fishing pier. Geotechnical borings beneath Clearwater Harbor performed by the City (Driggers Engineering Report dated June 30, 2018) resulted in a city directed change of scope (Change Order 1) in the amount of $62,106.70. This change covers the cost increases for the overall pile sizes and embedment depths. Following installation of the replacement wave attenuator system, Change Order 2 in the amount of $57,353.08 will authorize Kokolakis to furnish and install the fishing pier components also lost during Hurricane Irma for a total contract value of $740,526.78. Council also approved Engineer of Record (EOR) ECE Supplemental Work Order 1 in the amount of $28,800 to perform Construction Engineering Inspection (CEI) services for the wave attenuator replacement project in addition to the ECE Failure Assessment & Recommendation Report for a work order value of $114,600. Supplemental Work Order 2 in the amount of $21,200.00 will cover the CEI related to the fishing pier components and change in scope items involving the pile system for a total work order value of $135,800.00. APPROPRIATION CODE AND AMOUNT: 1817525-563800-98610 $57,353.08 1817525-561300-98610 $21,200.00 All Hurricane Irma related expenditures are being captured as part of special program 98610, Hurricane Irma, to be reimbursed by FEMA or other internal funding at a later date. Page 1 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5342 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Tampa Bay Trane, in the amount of $875,000 to replace both chillers at the Main Police Department, per proposal JY-082818-1 & H5-174809-4, 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 two Chillers and related components at Main Police Department need to be replaced. The corrosive environment has deteriorated the coils and fins beyond repair. This proposal provides for the installation of a new air-cooled chiller, pumps, boilers, piping and ties into the existing controls, electrical devices and equipment as described in A/E projects drawings dated April 19, 2018. Tampa Bay Trane is an approved vendor under HVAC for US Communities Contract # 15-JLP-023 (expires September 30, 2022). Also, the engineer of record reviewed Trane’s scope and proposal and found it to be reasonable based upon the drawings and specifications that have been produced for the project. 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 1/17/2019 City of Clearwater - Police Department September 25, 2018 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 1 of 6 Prepared For: TBT Service Date: June 4, 2018 Revised 9-25-18 Rev#2 Proposal Number: H5-174809-4 Job Name: City of Clearwater - Police Department Engineer: Long and Associates Delivery Terms: Freight Allowed and Prepaid - F.O.B. Factory Payment Terms: Net 30 Days Trane is pleased to provide the enclosed proposal for your review and approval. Only those items specifically listed are included in this proposal. Tag Data - Air-Cooled Helical Rotary Water Chillers (Qty: 2) Tag(s) Qty Description Model Number CH-1, CH-2 2 Air-Cooled Series R(TM) ( RTAC ) RTAC140 460/3/60 High efficiency configuration C/UL listing ASHRAE 90.1 all versions up to 2016 AHRI certified ASME Standard 40-60F leaving, with evaporator heaters 2 pass arrangement, 1.25" insulation Standard ambient temperature range Aluminum slit fins Low noise fans Wye-delta closed transition starter Single point connection main line unit power-ancillary items require other power Circuit breaker(s) - HACR rated – 65,000 AIC BACnet interface Factory installed flow switch – Thermal Dispersion Type 15A 115V convenience outlet (60 Hz) Refrigerant isolation valves Factory installed sound attenuator Elastomeric Isolators and flanged water connection kit (Fld) Windload-rated platform curbs Luvata Corrosion Protection – 10 Year Warranty – 2 visits per year 10 Year Parts, Labor and Refrigerant Warranty Startup Included – Performed by a Factory Authorized Technician Exclusions: Architectural louvered panels , Control and sensor wiring, 10 Year Service Contract Per schedule , testing and balancing, training, rigging, taxes or permits, and any item not listed above. Note: 120V Power source for the heat tape provided and installed by others. Proposal Trane U.S. Inc. J:\JOBS\45\174809\2\City of Clearwater - Police Department - Prop -09-25-18 Rev2.doc PROPRIETARY AND CONFIDENTIAL PROPERTY OF TRANE DISTRIBUTION TO OTHER THAN THE NAMED RECIPIENT IS PROHIBITED © 2007 Trane All rights reserved City of Clearwater - Police Department September 25, 2018 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 2 of 6 Tag Data - Variable Refrigerant Flow (Qty: 1) – HEAT PUMP SYSTEM Tag(s) Qty Description Model Number CU-1 1 Variable Refrigerant Flow System - Outdoor PUHY-P168YLMU-A-BS AC-8, AC-6, AC-9, AC-7, AC-10 5 Variable Refrigerant Flow System – Indoor PKFY-P06NBMU-E2R1 AC-11 1 Variable Refrigerant Flow System – Indoor PKFY-P24NKMU-E2.TH AC-1, AC-4, AC-2, AC-5, AC-3 5 Variable Refrigerant Flow System – Indoor PLFY-P15NCMU-ER4 Product Data - Variable Refrigerant Flow (MITSUBISHI) Outdoor Unit 14 Ton Heat Pump 460/3/60 10 Year Parts Warranty (see NOTE below) Windload-rated supports Luvata Corrosion Protection – 2 Inspections Per Year for 5 Years (5 Year Max, 10 Year Not Available) VRF System Controller - BacNet Start Up Owner Training NTE 8 Hours Indoor Units 208~230/60/1 10 Year Parts Wired Remote Control (Fld) High Wall Type, 7MBH (AC-6,7,8,9,10) High Wall Type, 24MBH (AC-11) Compact 4-Way Cassette, 18MBH (AC-1,2,3,4,5) Isolation Ball Valves (Fld) Drain Pump for High Wall Units (Fld) Exclusions: 10 Year Service Contract Per schedule, Warranty labor, control and sensor wiring, hurricane tie downs, refrigerant, refrigerant piping or accessories, testing and balancing, training, rigging, taxes or permits, and any item not listed above. Note: The standard warranty for the Trane VRF equipment is 12 months from the initial start up or 18 months from date of shipment, whichever is less. If the following conditions are met, the basic warranty period (parts only) is extended to (10) years from date of start-up (not to exceed 10 years and six months from shipment): 1) The system is designed using an approved application tool. 2) The system is installed by a contractor who has successfully completed a Company factory training class. 3) Customer gathers a VRF Commissioning package containing: A. Final “as built” VRF Select Program output file. B. Commissioning report from the Company’s Technician Utility Tool C. Before and after pictures of test gauge for the pressure and vacuum test D. VRF Installation Class Certificate of Completion issued by the Company 4) Customer submits the VRF Commissioning Package within 60 days of start up. J:\JOBS\45\174809\2\City of Clearwater - Police Department - Prop -09-25-18 Rev2.doc City of Clearwater - Police Department September 25, 2018 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 3 of 6 Tag Data – Pumps, Boilers and Accessories Tag(s) Qty Description Model Number CWP-P1, 2, & 3 3 Aurora Close Coupled Inline Pump 3X3X7B CWP-P4 & 5 2 Aurora Close Coupled Inline Pump 3X3X9B HWP-P1, 2, 3 & 4 4 Aurora Closed Coupled Inline Pump 2.5X2.5X7 HWG-P1 & P2 2 Lochinvar Boiler – Copper Fin CBN1262-M13 Chilled Water Pumps 460/3/60 5 HP TD Valves 1800 RPM Spare Seal kits 18 Single sphere flex connectors VFD’s – Chilled water secondary pumps – FLN Siemens Interface Boiler 120/1/60 1,255,000 BTU input / 1,016,550 BTU output. ASME 160 PSI, 12” vent outlet size CAT1, Gap approved gas train and controls, flow switch and ASME pressure relief valve. ½ HP boiler pump and outdoor vent kit. BacNet Start Up Accessories (28 of Each) Trerice 620B Pressure Gauges Trerice WG42 Trerice BBV4 Trerice BX91403 Trerice 3-4FA Well with lag NOT included: Pump Start up, Extended Warranties, Motor Starters for other pumps Total Equipment Price, Including Freight (Excluding Sales Tax) ...........................................$ 303,106.00 Sincerely, Keenan Sanz - Trane 902 N. Himes Avenue Tampa, FL 33609-1399 Phone: (813) 877-8251 This proposal is subject to your acceptance of the attached Trane terms and conditions. City of Clearwater - Police Department September 25, 2018 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 4 of 6 TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT “Company” shall mean Trane Canada ULC for sales in Canada and Trane U.S. Inc. for sales in the United States. 1. Acceptance. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the sale of the described commercial equipment and any ancillary services (the “Equipment”). COMPANY’S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counter-offer to provide Equipment in accordance with the Proposal and the Company’s terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company’s counter-offer will be deemed accepted. Customer’s acceptance of the Equipment will in any event constitute an acceptance by Customer of Company’s terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability. 2. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company’s U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company’s U.S. manufacturing facility or warehouse. 3. Pricing and Taxes. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at Company’s factory not later than 3 months from order acceptance. If such release is received later than 3 months from order acceptance date, prices will be increased a straight 1% (not compounded) for each 1 month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after the date of order acceptance, the prices are subject to renegotiation or at Company’s option, the order will be cancelled. Any delay in shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. In no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, state, or local property, license, privilege, sales, use, excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such from Customer, if applicable. All prices include packaging in accordance with Company’s standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. 4. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 5. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and in submittal data (if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal, and in submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement, and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 6. Force Majeure. Company’s duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 7. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start-up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that it has the capacities and ratings set forth in Company's catalogs and bulletins ("Warranty"). Equipment manufactured by Company that includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than Company that adversely affects the stability or reliability of the Equipment; vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; commissioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory or warehouse (f.o.b. factory or warehouse for US domestic purposes) at Company-designated shipping point, freight-allowed to Company's warranty agent's stock location, for all non-conforming Company-manufactured Equipment (which have been returned by Customer to Company. Returns must have prior written approval by Company and are subject to restocking charge where applicable. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING PREVENTION OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. No warranty liability whatsoever shall attach to Company until Customer’s complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment shown to be defective. Additional warranty protection is available on an extra-cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY’S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE. 8. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other 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 acts or omissions 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. City of Clearwater - Police Department September 25, 2018 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 5 of 6 9. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation. 10. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company (including lost profit and overhead). 11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS) EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company’s liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 12. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 13. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Equipment, and, except for the right to use the Equipment sold, Customer obtains no rights to use any such intellectual property. Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment, or modify it so that it becomes non-infringing, or replace same with non-infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment furnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements. The foregoing states the entire liability of Company with regard to patent infringement. Notwithstanding the provisions of this paragraph, Customer will hold Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with Customer’s designs or specifications or instructions. 14. Cancellation. Equipment is specially manufactured in response to orders. An order placed with and accepted by Company cannot be delayed, canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials, time, labor, services, use of facilities and otherwise. Customer will be obligated to accept any Equipment shipped, tendered for delivery or delivered by Company pursuant to the order prior to any agreed delay, cancellation, suspension or extension of the order. Any attempt by Customer to unilaterally revoke, delay or suspend acceptance for any reason whatever after it has agreed to delivery of or accepted any shipment shall constitute a breach of this Agreement. For purposes of this paragraph, acceptance occurs by any waiver of inspection, use or possession of Equipment, payment of the invoice, or any indication of exclusive control exercised by Customer. 15. Invoicing and Payment. Equipment shall be invoiced to Customer upon tender of delivery thereof to the carrier. Customer shall pay Company’s invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to Company. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all Equipment to secure payment in full of all amounts due Company and its order for the Equipment, together with these terms and conditions, form a security agreement (as defined by the UCC in the United States and as defined in the Personal Property Security Act in Canada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment until all payments due Company have been made. The purchase money security interest granted herein attaches upon Company’s acceptance of Customer’s order and on receipt of the Equipment described in the accepted Proposal but prior to its installation. The parties have no agreement to postpone the time for attachment unless specifically noted in writing on the accepted order. Customer will have no rights of set off against any amounts, which become payable to Company under this Agreement or otherwise. 16. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons in detail why the Equipment does not conform to Customer’s order. Upon receiving authorization and shipping instructions from authorized personnel of Company, Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier’s policies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein. 17. Export Laws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company’s factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be “exporter of record” with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Company’s Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. 18. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state of New York for Equipment shipped to a U.S. location and the laws of the province to which Equipment is City of Clearwater - Police Department September 25, 2018 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 6 of 6 shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state’s or province’s law, and not including the United Nations Convention on Contracts for the International Sale of Goods. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Equipment is being used at a site 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 contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. 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 Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. 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 the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer’s permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 19. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 20. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-4 (0614) Supersedes 1-26.130-4(0214) Tampa Bay Trane Page 1 of 6 902 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 CONTRACTING PROPOSAL DATE: November 19, 2018 TO: City of Clearwater ATTN: Mark Jansen PROJECT: Clearwater PD Project-REVISED for Clarification INTRODUCTION Tampa Bay Trane (TBT) is pleased to provide the following 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. Tampa Bay Trane Page 2 of 6 902 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 DESCRIPTION: TBT will remove and replace two (2) air-cooled chillers, nine (9) pumps, two (2) boilers and new VRF system at the Clearwater Police Department, in Clearwater, Florida. TBT will provide the complete turnkey project to install the above equipment and VRF system per the following drawings: Cover page (dated 6/27/18), DM1.1 (dated 1/9/18), DE1.1 (dated 1/9/18), S1.1 (dated 9/19/17), M0.1 (dated 6/27/17), M1.1 (dated 1/9/18), M1.2 (dated 1/9/18), M1.3 (dated 1/9/18), M3.1 (dated 1/9/18), M3.2 (dated 1/9/18), M4.1 (dated 1/9/18), E0.1 (dated 1/9/18), E3.1 (dated 1/9/18), E3.2 (dated 9/19/17). SCOPE OF WORK: 1. Provide and install new air cooled chillers, Pumps, Boilers and VRF system per drawings listed above and described below: a. Weekend Installation: i. Set VRF Condenser and install steel on the Roof per drawing S1.1. ii. Set both Boilers on Roof same weekend as the VRF condensers. iii. Remove and re-set new Chillers. iv. Remove old Boilers from Roof. b. Weekday Installation: i. Provide and install pipe and VRF System. ii. Pipe and install one chiller at a time. iii. Re-pipe and connect new Chiller 1 and start-up and make operational. iv. Re-pipe and connect new Chiller 2 and start-up and make operational. v. Startup VRF System and confirm functionality before any chiller work is started. vi. Startup and confirm boiler operation. vii. Remove and reinstall new pumps. viii. Once project is finished, TBT will provide final clean of the project area and walk owner to verify conditions are acceptable. ix. TBT will provide a test and balance of the systems by a certified Test & Balance company. x. TBT will coordinate all Inspections and close outs. xi. TBT will contract with Siemens for the expansion and modification of the BAS control system. Please see the scope of work in the next section. Tampa Bay Trane Page 3 of 6 902 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 c. Training: TBT will provide eight (8) hours of training on the VRF system for the Owner. BAS CONTROL SCOPE OF WORK: TBT will contract with Siemens for the following scope of work: 1. Furnish and install, a Building Management System (BMS). The system shall be comprised of a network of various independent Stand-alone Digital Controllers, electric/electronic control equipment, thermostats, sensors, controllers, valves, panels and related hardware, software and other accessory equipment, along with a complete system of electrical control wiring, and software generation to fill the intent of the specifications and provide for a complete and operable system. 2. The following will part of the project: A. Building Management System : i. PCs and Software: Update UI graphics/programming as necessary to integrate new equipment into existing BMS. B. Chillers: i. RM-P1, RM-P2: Units controlled by Trane UC600. Points list readable through Bacnet integration shown on M4.1. Sequence of Operations as shown on M.1 only. C. VRF System: i. Siemens integration to VRF through manufacturer provided Bacnet master controller. Siemens BAS to monitor and allow set point control of VRF system per drawing note on 5.1. No other functionality will be available through BAS, all other control by manufacturer’s unit controller. Siemens installer will provide all VRF wiring and communicate on link between manufacturers provided control panel and Siemens field panel. D. Boilers: i. Boilers to be provided with Bacnet/MSTP interface for integration into existing BMS. Hot water reset programming and OA temperature sensor (hard wired to Siemens field panel) to be provided for HHW boiler only. All interfaces with domestic hot water boiler is through manufacturer provided Bacnet gateway. E. Pumps: i. Pumps (2) to be provided with VFD per schedule note. 1. Siemens to interface with VFD through manufacturer provided Bacnet/MSTP gateway. All points in BMS to be pulled from VFD, no hard wired points included. F. Valves: i. Siemens will provide the following valves: Two (2) 3-way modulating globe valves to serve hot water system as shown on M3.1 detail 6, and two (2) Chiller isolation valves. Tampa Bay Trane Page 4 of 6 902 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 SPECIAL EXCLUSIONS: 1. Any time for unforeseen conditions. 2. Any type of GPR or X-ray. 3. Any type of temporary cooling or heating. General Exclusions: The following is excluded unless specifically included in this proposal scope of work. Any modifications, code compliant or general equipment upgrades or repairs, devices, equipment, engineering, any type of load studies or calculations, energy savings calculations, AHCA reviews, duct cleaning or sealing, fire protection, painting, wall framing, ceiling work, sheetrock work, electrical or electrical upgrades, relocating client furnishings, finishes, furniture or electronics, asbestos testing and removal, mold remediation, utility service cost, temporary cooling or heating, temporary facilities or utilities, flushing or water treatment, testing, adjusting, excavation or backfill, landscaping, concrete, stucco or masonry, roof work, confined space work or permits, hoisting, permits, EPA fees or any other service that is not listed in the scope of work. No impact fees, security/health badging, clearances, training, off-site waste disposal or dumpster costs. Infection control materials, equipment, maintenance, and costs are to be provided by others. TBT will comply with the appropriate procedures. WARRANTY & MAINTENANCE PROGRAM ON MECHANICAL EQUIPMENT: 1. TBT will provide a 10-year Full Maintenance Warranty on the chillers on parts, labor, refrigerant, service contract, coil coatings, and coils. 2. TBT will provide a 10-year Preventative Maintenance (PM) service contract for the two (2) new air- cooled chillers. Scope includes four (4) trips per year- three (3) Minor and one (1) Major. 3. TBT will provide a 10-year PM contract service contract for the inspection of coil coatings only for the two (2) new air-cooled chillers. 4. TBT will provide a 10-year Manufacturers for parts labor and refrigerant warranty for the two (2) new air-cooled chillers. 5. For the VRF system, TBT will provide a 10-year PM for only one (1) VRF Condenser only and covers the inspection on coatings only. 2 trips per year. (5 years covered - 10 year not available) 6. Quantity (1) VRF Condenser Only. Manufactures 10 year full parts warranty. No Labor. (Covered in current pricing with Mitsubishis standard conditions.) 7. Quantity (11) VRF indoor cassettes. Manufactures 10 year full parts warranty only. No Labor. (Covered in current pricing with Mitsubishi’s standard conditions.) 8. TBT will provide structural tie-downs with FL PE stamps for the chillers and VRF condensing unit. 9. Quantity (2) Boilers. Standard 1 year warranty. Tampa Bay Trane Page 5 of 6 902 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 10. Quantity (9) Pumps. Standard 1 year warranty. 11. Please Note: 10 year PM on the coatings for the VRF condenser are not available. 12. Customer to provide removal of ceiling tiles. INVESTMENT: In accordance with TBT standard terms, conditions and standard project general exclusions, the investment for the project is: 2 PO’s: Equipment: $303,106.26 Install: $571,893.74 $875,000.00 U.S. Communities Contract: 15-JLP-023 Tampa Bay Trane Page 6 of 6 902 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 http://www.tampabaytrane.com/Terms-Conditions/Contracting_TC.pdf This Agreement is subject to Customer’s acceptance of Tampa Bay Trane Terms and Conditions. A copy of our Terms and Conditions are available for review by following the web link above. CUSTOMER ACCEPTANCE Signature of Authorized Representative Print Name Title Date Purchase Order TAMPA BAY TRANE ACCEPTANCE Jessica York ___________________________________________________ Signature of Authorized Representative Tampa Bay System Sales Inc. dba/Tampa Bay Trane Company Account Executives Title Date Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5523 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.17 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Garland/DBS, Inc., in the amount of $296,067 for gymnasium roof replacement at North Greenwood Recreation Center and authorize the appropriate officials to execute same. (consent) SUMMARY: The proposal from Garland/DBS provides for the complete gymnasium roof system replacement at North Greenwood Recreation Center. The roof system to be replaced is original to the building and has had numerous repairs and continues to have issues. The core samples of the roof indicated that complete removal and replacement of the roof system is necessary. In choosing a contractor, staff evaluated the U.S. Communities and Master Intergovernmental Cooperative Purchasing Agreement (MICPA). Garland/DBS, Inc. is a contractor that has been awarded a bid for roofing services through this agreement. Garland took the scope of work and managed a construction bid process, resulting in three local bids for this work. The lowest responsive bid was Tarheel Roofing, Inc, which will serve as a subcontractor to Garland. The bid date was November 27, 2018. Work shall commence upon award and execution of the proposal and anticipated to be completed 90 calendar days from the notice to proceed date. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project GSBM180003, Roofing Repair and Replacement, to fund this contract. Page 1 City of Clearwater Printed on 1/17/2019 1. 2. 3. 4. 5. 6. 7. 8. Adhere 1x Ply of StressBase 80 in cold process asphalt adhesive at a rate of 2.5 gallons per 100 sq. ft. Adhere 1x Ply of VersiPly Mineral in cold process asphalt adhesive at a rate of 2.5 gallons per 100 sq. ft. Base Flashing: Install one (1) ply of StressBase 80 using Flashing Bond around perimeter, penetrations and drains/scuppers extending 6” onto thefield of the roof around perimeter/penetrations. Flashing Ply: Install one (1) ply of the VersiPly Mineral modified membrane around perimeter, penetrations and drains/scuppers extending 9”onto the field of the roof around perimeter/penetrations. Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Clearwater North Greenwood Rec & Aquatic Center 900 N Martin Luther King Jr. Ave. Clearwater, FL 33755 Date Submitted: 11/27/2018 Proposal #: 25-FL-181219 MICPA # 14-5903 Florida General Contractor License #: CGC1517248 Scope of Work: Roof Replacement Remove existing roof system down to metal structural deck. Inspect the existing deck, and replace or repair damaged decking per specifications. Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This budget/estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Mechanically attach flat and tapered polyisocyanurate insulation. Minimum R-Value of 25. Minimum slope of ¼”:12 to all roof edges required. Mechanically attach ½” recovery board through insulation into metal deck. 9. 10 11. 1. 2. 3. 4. 5. 6. Item #Unit Price Quantity Unit Extended Price 2.05 1.82$ 15,200 SF 27,664$ 6.16.01 3.22$ 15,200 SF 48,944$ Existing one-way roof vents to be removed from the roof system. Roofing contractor to remove and replace all internal drain components including lead flashing, clamping rings, bolts, strainers, etc. and replace with new components (cast iron strainers required). New drains shall have proper 4’x4’ sump as well as properly sized ½”:12 crickets. Transition between roof sections where the existing windows with SPF wall panels are located shall receive new wood blocking and metal wall panels following the attached detail. Existing system and windows to remain in place. New wall panels to match profile and color of existing blue wall panels (exposed fastener) found on east side of the building. Tear-off & Dispose of Debris: SYSTEM TYPE BUR W/ Insulation and Mineral Surfacing - Metal Deck Line Item Pricing Item Description Roof Deck and Insulation Option: METAL ROOF DECK - COLD PROCESS APPLICATION - INSULATION OPTION: - Mechanically Fasten Polyisocyanurate / Adhere High Density Asphalt Coated Wood Fiber with Insulation Adhesive to Provide an Average R-Value of 20 In Compliance FM 1-90 Requirements Addendum 1: The current bid due date has been extended. Bids are now due on Tuesday, November 20th by 3:00 pm. All bids should be on the DBS bid form and submitted directly and only to DBSbids@garlandind.com New perimeter metal coping shall be stainless steel (24 gauge with 22 gauge cleat). Prior to the start of roof replacement, roofing contractor to identify any electrical conduit on the bottom side of the roof deck making sure not to impact with new insulation fasteners. Perimeter Metal & Coping: Remove all metal coping, edge metal, fascia metal, counter flashing, etc. Install wood nailer to match height of newinsulation (as needed). Install new .040 aluminum metal coping cap (per ANSI-SPRI ES-1 requirements) around perimeter with continuous cleat,fastened on the inside edge of the coping cap in matching coping color. Replace all internal drains with new drain components (clamping rings, bolts, fasteners, cast iron strainer, etc.). Allow system to cure a minimum of 30 days. Apply highly reflective aluminum coating at a rate of .5-.75 gal. per sq. ft. Two (2) coats required. 4.53 5.43$ 15,200 SF 82,536$ 12.12.01 3.01$ 15,200 SF 45,752$ 12.31.02 6.24$ 15,200 SF 94,848$ 5.31 1.54$ 15,200 SF 23,408$ 323,152$ 22.46 15%%48,473$ 371,625$ 371,625$ Proposal Price Based Upon Market Experience:296,067$ Sub Total Prior to Multipliers Insulation Recovery Board & Insulations Options: INSULATION SLOPE OPTION Provide a 1/4" Tapered Polyisocyanurate Insulation System while Maintaining the Average R-Value Including Tapered Crickets; Adhered with Insulation Adhesive Coat New Roofing With Elastomeric Coating: ROOF SYSTEM TYPE Apply an Aluminum Coating per Specifications (1 Gallon per Square per Coat - 2 Coats Required) - Smooth or Mineral Surfaced Modified Sub-Totals After Multipliers JOB SITE SPECIFIC MULTIPLIERS APPLIED TO EACH LINE ITEM ON ASSOCIATE JOB: MULTIPLIER - ROOF SIZE IS GREATER THAN 10,000 SF, BUT LESS THAN 20,000 SF Multiplier Applied when Roof Size is Less than 20,000 SF, but Greater than 10,000 SF Fixed Costs: Equipment, Mobilization, Demobilization, Disposal, & Set-Up Labor are Not Completely Absorbed Across Roof Area Total Maximum Price of Line Items under the MICPA: 2-PLY ROOF SYSTEMS - COMBINATIONS OF A BASE PLY & A CAP SHEET (TOP PLY) PLEASE NOTE: BASE PLY & CAP SHEET COMBINATIONS MUST BE APPROVED BY THE MANUFACTURER: ROOF CONFIGURATION 1 Ply Modified Base Sheet Adhered in Cold Process Modified Asphalt: BASE PLY OPTION: - ASTM D 6163 SBS Fiberglass Reinforced Modified Bituminous Sheet Material Type I - 70 lbf/in tensile 2-PLY ROOF SYSTEMS - COMBINATIONS OF A BASE PLY & A CAP SHEET (TOP PLY) PLEASE NOTE: BASE PLY & CAP SHEET COMBINATIONS MUST BE APPROVED BY THE MANUFACTURER: ROOF CONFIGURATION 1 Ply Cap Sheet, Flood Coat and Aggregate Adhered in Cold Process Modified Asphalt: ROOFING MEMBRANE OPTION: - ASTM D 6163 SBS Fiberglass Reinforced Modified Bituminous Sheet Material Type III - Minimum of 220 lbf/in tensile Garland/DBS Price Based Upon Local Market Competition: TarHeel Roofing, Inc. Springer-Peterson Roofing & Sheet Metal, Inc. Quality Roofing Inc. Advanced Roofing Inc. Bid Breakdown - Both Buildings (TarHeel Roofing, Inc.): Labor & Non Garland Materials: Garland Materials: Freight: Insurance: Bonds: *General Conditions: TOTAL: *General Conditions include: Engineering, Permits, Overhead and Profit Unforeseen Site Conditions Wood Blocking (Nailer) Replacement 8.38$ per Linear Foot Decking Replacement 12.31$ per Square Foot Additional Insulation Replacement 4.75$ per Square Foot Respectfully Submitted, Steve Rojek Garland/DBS, Inc. (216) 430-3613 Steve Rojek 296,067$ 388,744$ 3,079$ 2,664$ Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 4/1/2019. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. 29,194$ 296,067$ 156,474$ 98,657$ 6,000$ 457,499$ 459,350$ THE GARLAND COMPANY, INC. High Performance Building Envelope Solutions 3800 EAST 91ST. STREET • CLEVELAND, OHIO 44105-2197 PHONE: (216) 641-7500 • FAX: (216) 641-0633 NATIONWIDE: 1-800-321-9336 www.garlandco.com Page 1 of 1 Date: November 12, 2018 Re: City of Clearwater – North Greenwood Recreation & Aquatic Center Upper Gymnasium – Roof Replacement Project PROJECT SPECIFIC ADDENDUM I 1.0 The current bid due date has been extended. Bids are now due on Tuesday, November 20th by 3:00 pm. All bids should be on the DBS bid form and submitted directly and only to DBSbids@garlandind.com 1.1 New perimeter metal coping shall be stainless steel (24 gauge with 22 gauge cleat). 1.2 Prior to the start of roof replacement, roofing contractor to identify any electrical conduit on the bottom side of the roof deck making sure not to impact with new insulation fasteners. 1.3 Existing one-way roof vents to be removed from the roof system. 1.4 Roofing contractor to remove and replace all internal drain components including lead flashing, clamping rings, bolts, strainers, etc. and replace with new components (cast iron strainers required). New drains shall have proper 4’x4’ sump as well as properly sized ½”:12 crickets. 1.5 Transition between roof sections where the existing windows with SPF wall panels are located shall receive new wood blocking and metal wall panels following the attached detail. Existing system and windows to remain in place. New wall panels to match profile and color of existing blue wall panels (exposed fastener) found on east side of the building. Respectfully Submitted, Craig D. O’Hara The Garland Company, Inc. c: 813.777.1745 e: cohara@garlandind.com 2.lnstall wood curb at base of wall directly below fascia to receive new 24 ga kynar panels or polycarbonate panels in ·front of windows to retain interrior lighting. 3. Flash base of curb as usual and counterflash. Install cleat/ closure and edge metal from top to close off. Install fascia blockini: as shown fastened into steel deck and existini: blocking 12" oc with HD decking screws. Install 24 i:a stainless steel receiver at the base curb . Install 24 ga kynar R-panel onto receiver fasten top and bottom with Stainless steel scotts 12" oc. Install roof on top and bottom, set ststeel cleat and drip on top , and after installation of base flashini: install St Steel skirt to receiver at base to counterflash . Fasten new PT blockini: into/thru existin& blockin& into structure 12" oc. Both top and bottom PT supports with HD decking screws. Remove roof and baseflashini: at window wall to expose metal wall. existine windows, sidine, SPF to remain in place , remove base flashing area only as required to align new lower blocking to new upper vertically. existing deck and blocking to remain Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5544 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.18 SUBJECT/RECOMMENDATION: Authorize surplus disposition of identified vehicles via auction to the highest bidder, pursuant to City Code Section 2.622, Surplus Personal Property, and authorize the appropriate officials to execute same. (consent) SUMMARY: G4133, G3810, G3674 and G4150 were wrecked and deemed a total loss by Risk or were cost prohibitive to repair. Risk has reimbursed the following: G4133 ($15,914.67) G3810 ($7,421.00) and G3674 ($4,089.00). G4150 is awaiting an appraisal therefore a reimbursement amount has not yet been established. The RMC approved the replacement of G4133, G3810 and G3674 and their prospective replacements have already been ordered. The Police Department will be requesting replacement of G4150 at the next RMC Meeting. G3303 is no longer needed by the department it belonged to; therefore, no replacement will be ordered. G3386 has been turned in and will be replaced when the new transfer station is completed. City Council authorization for surplus is required in accordance with Code Section 2.622, when the sale of common bulk items is estimated to exceed $5,000. APPROPRIATION CODE AND AMOUNT: 566-00000-364413- Surplus Vehicles Page 1 City of Clearwater Printed on 1/17/2019 ITEM#ASSET G#ASSET ID NUMBER YEAR DESCRIPTION MILEAGE REASON FOR SURPLUS/DISPOSAL REPLACED BY 1 G4133 6G3NS5U24EL976378 2014 CHEVROLET CAPRICE 34,580 TOTALED 03/18 G4676 2 G3810 2FABP7BV9BX113977 2011 FORD CROWN VIC 73,185 TOTALED 08/18 G4684 3 G3674 2FABP7BV5AX117393 2010 FORD CROWN VIC 101,175 TOTALED 08/18 G4683 4 G3303 3GNGC26K37G320047 2007 CHEVROLET SUBURBAN 66,169 NO LONGER NEEDED XXXXXX 5 G4150 3FA6P0G78GR176383 2016 FORD FUSION S 4DR 36,837 TOTALED 12-12-2018 TBD 6 G3386 1GRAAD622P8028204 1993 GREAT DANE TRAILER 196,789 AGE TBD Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5555 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.19 SUBJECT/RECOMMENDATION: Approve a purchase order to Waste Management/Recycle America, L.L.C. (WM/RA) in the amount of $350,000 for the processing of the City’s single stream recycling commodity at the contractor’s facility in Tampa, FL for the 12-month period beginning December 16, 2018 through December 15, 2019 as provided in the city’s Code of Ordinances, Section 2.564(1)(e) Exceptions to Bid (impractical to bid) and authorize the appropriate officials to execute same. (consent) SUMMARY: In December 2013, the Solid Waste/Recycling Department entered into a Recycling Services Agreement with WM/RA with automatic annual renewals. That agreement was amended in January 2017 to end on December 15, 2017 and then automatically renew for monthly or successive terms of thirty days. That amended agreement provided the City with the ability to terminate the agreement for convenience on sixty days’ notice, which would allow for the opportunity to build our own processing center. Over the last twelve months the department has shipped approximately 7,840 tons to the processor for a total cost of approximately $260,000. During that time, the processor was closed for 8-9 weeks (for various repairs including fire damage) and significantly reduced the tonnage accepted at their facility. The Solid Waste Department is requesting that the Council approve a purchase order payable to Waste Management/Recycle America in the amount of $350,000. This requested amount is based on increased tonnage for this new annual period with similar costs per ton. Also, the dollar amount requested is the same as the previous annual period. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the FY 2018/2019 Operating Budget of the Recycling Fund: 426-2043-530300 (Recycling Fund - Commercial Recycling) Page 1 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5556 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.20 SUBJECT/RECOMMENDATION: Authorize a contract with Consolidated Resource Recovery, Inc., Sarasota, FL, for yard waste debris disposal, in the annual amount of $200,000 for an initial three-year term, with one additional two-year renewal term at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: The Solid Waste Department collects yard waste from our residential customers. This debris is transported by city collection vehicles to the contractor’s State-permitted disposal facilities. In May 2018 the City of Largo, FL issued Request for Bids (Bid 18-B-641) for Yard Trash, Class III and Construction Demolition Debris Disposal. The City of Clearwater and the City of Dunedin participated in this bid as a cooperative solicitation, with all entities’ requirements represented in the bid. Consolidated Resource Recovery, Inc. was the lowest responsive, responsible bidder to provide the requested services. City Code Section 2.564(1)(d) provides for participation in Cooperative Procurement efforts with other public entities. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the FY 2018/19 Operating Budget of the Solid Waste Fund: 424-02082-543500 (Solid Waste - Residential Collection Dump Fees) $200,000 Page 1 City of Clearwater Printed on 1/17/2019 BID TABULATION SHEET –BID #18-B-641 YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL Opens: JUNE 14, 2018 3:00 P.M. B I N A M E Angelos Recycled Materials Consolidated Resource Recovery Waste Management Inc DESCRIPTION 1 2 3 4 5 Page #1 PURE CONSTRUCTION -DEMOLITION DEBRIS PRICE PER TON 34.00 No bid 45.00 TOTAL COST 136,000.00 180,000.00 YARD WASTE - CLEAN PRICE PER TON 34.00 31.95 45.00 TOTAL COST 102,000.00 98,850.00 135,000.00 YARD WASTE – CLEAN WITH MATERIAL IN BAGS PRICE PER TON 34.00 42.67 45.00 TOTAL COST 136,000.00 170,680.00 180,000.00 CLASS III – SELECT COMPACTOR/ROLL-OFFS PRICE PER TON 34.00 No bid 45.00 TOTAL COST 578,000.00 765,000.00 BID TABULATION SHEET –BID #18-B-641 YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL Opens: JUNE 14, 2018 3:00 P.M. B I N A M E Angelos Recycled Materials Consolidated Resource Recovery Waste Management Inc DESCRIPTION 1 2 3 4 5 Page #2 BID TABULATION SHEET –BID #18-B-641 YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL Opens: JUNE 14, 2018 3:00 P.M. B I N A M E Angelos Recycled Materials Consolidated Resource Recovery Waste Management Inc DESCRIPTION 1 2 3 4 5 Page #3 BID TABULATION SHEET –BID #18-B-641 YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL Opens: JUNE 14, 2018 3:00 P.M. B I N A M E Angelos Recycled Materials Consolidated Resource Recovery Waste Management Inc DESCRIPTION 1 2 3 4 5 Page #4 CITY COMMISSION LARGO, FLORIDA INVITATION FOR BID Bid #: 18-B-641 Date: May 7, 2018 Competitive sealed bids will be accepted by the City of Largo Office of Management and Budget, Largo City Hall, located at 201 Highland Avenue, Largo, FL 33770, until 3:00 p.m., local time June 4, 2018 at which time all bids received shall be publicly opened and read aloud in the Office of Management Budget, Largo City Hall, for YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL Bids must conform to the Specifications and Instructions to Bidders. Any deviation from the specifications must be shown. The City reserves the right to reject any or all bids received, to waive any irregularities or informalities. If you are interested in bidding, please complete the Invitation for Bid Form(s) and return to this office by the date indicated. Non-conformance with these instructions is grounds for rejection of bid. Late Bids will be rejected. Questions of a technical nature should be directed to Michael Gordon, Solid Waste Manager at 727-587-6760. Questions concerning this Bid should be directed to Joan Wheaton, Procurement Analyst, Office of Management and Budget at (727) 587-6727. BY ORDER OF THE CITY COMMISSION LARGO, FLORIDA Joan Wheaton, Procurement Analyst Please indicate BID number Office of Management and Budget on your response envelope. BID and ADDENDUM DOCUMENTS CAN BE DOWNLOADED FROM THE CITY WEBSITE www.largo.com - click the Business Tab - click on Bid/Rfp listings - click view list of current bids/rfps. I N D E X INSTRUCTIONS TO BIDDERS 1. .................................................................................................................................................. Scope 1 2. .................................................................................................................................................. Definitions 1 3. .................................................................................................................................................. Preparation of Bids ........................................................................................................................................... 1 4. .................................................................................................................................................. Submission and Receipt of Bids ........................................................................................................................... 2 5. .................................................................................................................................................. Acceptance of Offer ........................................................................................................................................... 2 6. .................................................................................................................................................. Clarification and Addenda .................................................................................................................................... 2 7. .................................................................................................................................................. Firm Prices ................................................................................................................................................... 3 8. .................................................................................................................................................. Fiscal Non- Funding Clause .......................................................................................................................... 3 9. .................................................................................................................................................. Estimated Quantities ................................................................................................................................... 3 10. ................................................................................................................................................ F.O.B. Largo, Florida ........................................................................................................................................ 3 11. ................................................................................................................................................ Discounts 3 12. ................................................................................................................................................ Award 3 13. ................................................................................................................................................ Brand Names ................................................................................................................................................... 4 14. ................................................................................................................................................ Variations of Specifications ............................................................................................................................. 4 15. ................................................................................................................................................ Material Quality ........................................................................................................................................ 4 16. ................................................................................................................................................ Acceptance of Material ...................................................................................................................................... 5 17. ................................................................................................................................................ Timely Delivery ...................................................................................................................................... 5 18. ................................................................................................................................................ Price Changes Re: Contracts ............................................................................................................................. 5 19. ................................................................................................................................................ City Indemnification Re: Patent & Copyright .................................................................................... 5 20. ................................................................................................................................................ Conflict of Interest ....................................................................................................................................... 5 21. ................................................................................................................................................ Public Entity Crime ........................................................................................................................................ 5 22. ................................................................................................................................................ Options 6 23. ................................................................................................................................................ Subcontractin g ................................................................................................................................................. 6 24. ................................................................................................................................................ Taxes 6 25. ................................................................................................................................................ Failure to Bid ................................................................................................................................................... 6 26. ................................................................................................................................................ Additional Information Required ................................................................................................................. 6 27. ................................................................................................................................................ Manufacturer's Certification ................................................................................................................................ 6 28. ................................................................................................................................................ Default of Contract ..................................................................................................................................... 7 29. ................................................................................................................................................ Modification for Changes ............................................................................................................................... 7 30. ................................................................................................................................................ Order or Precedence ................................................................................................................................ 7 31. ................................................................................................................................................ Examination of Records ..................................................................................................................................... 7 32. ................................................................................................................................................ Occupational Health and Safety ...................................................................................................................... 7 33. ................................................................................................................................................ Safety Clause ................................................................................................................................................... 8 34. ................................................................................................................................................ Hold Harmless ................................................................................................................................................... 8 35. ................................................................................................................................................ Qualifications of Bidders ................................................................................................................................... 8 36. ................................................................................................................................................ Disqualificatio n of Bidders ................................................................................................................................ 8 37. ................................................................................................................................................ Licenses and Permits ....................................................................................................................................... 8 38. ................................................................................................................................................ Vendor Site Inspection and Evaluation ......................................................................................................... 9 39. ................................................................................................................................................ Provisions for Other Agencies .......................................................................................................................... 9 40. ................................................................................................................................................ Applicable Law and Venue .......................................................................................................................... 9 41. ................................................................................................................................................ Request for Information ................................................................................................................................. 9 SPECIAL CONDITIONS .......................................................................................................... 10 SPECIFICATIONS ................................................................................................................... 12 Bid Forms .................................................................................................................................... Reference Information ................................................................................................................. Statement of No Bid ..................................................................................................................... Insurance Requirements.............................................................................................................. CITY OF LARGO, FLORIDA INSTRUCTIONS TO BIDDERS 1. Scope The instructions to bidders and general conditions described herein apply to transactions on material, supplies or services with an estimated aggregate cost of $25,000 or more. 2. Definitions (as used herein) a. The term "Invitation For Bid" means a solicitation of formal sealed bids. The acronym "IFB" means Invitation For Bid. b. The term "bid" means the offer as a price by the bidder. c. The term "bidder" means the offerer. d. The term "Change Order" means a written order signed by the Assistant City Manager or authorized representative directing the vendor to make changes to a contract or purchase order resulting from the IFB. e. The term "City" means the City of Largo, Florida. f. The term "City Commission" means the governing body of the City of Largo. 3. Preparation of Bids a. Bidders are expected to examine the specifications, drawings, and all special and general conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract document, will be accepted as a basis for varying the requirements of the City or the compensation to the vendor. b. The apparent silence of any supplemental specifications as to any details or the omission from it of a detailed description concerning any point will be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of the specifications shall be made upon the basis of this statement. c. Bids shall be submitted on the Bid Form furnished with the specifications, other forms may be rejected. Unless otherwise stated within the specifications, responses to the IFB should be submitted in DUPLICATE for bid evaluation purposes. d. Each bidder shall furnish the information required by the IFB. The bidder shall sign the IFB and print or type his name, address, and telephone number on the face page and on each continuation sheet thereof on which he makes an entry. e. Unit price for each unit offered shall be shown, and such price shall include packing and shipping unless otherwise specified. A total shall be entered in the "Total" column for each item offered. In case of discrepancy between the unit price and extended price, the unit price will be presumed correct. f. The bidders must state a definite time for delivery of supplies or performance of services. g. Additional or alternate bids, unless specifically requested, will not be accepted. Vendors are urged to inspect their product lines and select one item that will meet or exceed the specifications as given and submit only one bid. h. The bidder should retain a copy of all bid documents for future reference. i. All bids must be signed with the firm name and by an officer or employee having authority to bind the company or firm by his/her signature. 4. Submission and Receipt of Bids a. Bids must be received at or before the specified time of opening as designated in the IFB. Bidders are welcome to attend bid opening; however, no award of bid will be made at this time. A bid tabulation will be furnished, upon request. b. Bids shall be submitted in a sealed envelope. The envelope shall show the hour and date specified for receipt of bids, the bid number, and the name and address of the bidder. c. The City of Largo is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by the specified time so that a bid can be considered. Late bids will be rejected. d. Telegraph bids will not be considered; however, bids may be modified by telegraphic notice, provided such notices are received prior to the hour and date specified on the bid. Bids submitted by telephone or FAX will not be accepted. e. Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, vendor(s) will be notified to remove samples, at their expense, within thirty (30) days after notification. Failure to remove the samples will result in the samples becoming the property of the City. f. Failure to follow these procedures is cause for rejection of bid. g. Bids having any erasures or corrections must be initialed by the bidder in ink. Bids shall be signed in ink. All bid amounts shall be typewritten or filled in with ink. h. The City reserves the right to reject any or all bids received, to waive any irregularities in the bids received, or to accept the bid which best serves the interest of the City of Largo. I. Overnight and express mail should not be addressed to the PO Box. 5. Acceptance of Offer The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order, Blanket Purchase Order, or other contractual document. 6. Clarification and Addenda Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the Bid shall be made through the City of Largo Office of Management and Budget. The City shall not be responsible for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, and additional information can be given. If any addenda are issued to this Bid, the City will attempt to notify all prospective Bidders who have secured same; however, it shall be the responsibility of each Bidder, prior to submitting the Bid, to check the City web site or contact the City of Largo Office of Management and Budget at (727) 587-6727, to determine if addenda were issued and to make such addenda a part of the Invitation to Bid. 7. Firm Prices The bidder warrants that prices, terms and conditions quoted in his bid will be firm for acceptance for a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the IFB. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed over a period of time. 8. Fiscal Non-Funding Clause In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty or expense to the City. 9. Estimated Quantities Whenever a bid requests prices to be firm for the period of performance, the quantities or usages shown are estimated only with no guarantee made by the City that these quantities shall be purchased. The quantities shown are for the bidders' information only, and the City shall be bound only for actual quantities ordered. 10. F.O.B. Largo, Florida Unless otherwise specified in the IFB, all prices quoted by the bidder must be F.O.B. Largo, Florida with all delivery costs and charges included in the bid price. Failure to do so may cause rejection of bid. 11. Discounts Cash discounts of two percent (2%) will be considered in determining the award. Unless otherwise specified, discounts offering 10 days or more will be taken by the City's Finance Department, with payment being made on the nearest 10th or 25th of the month subsequent to receipt, inspection and acceptance of articles, and receipt of correct invoice(s). 12. Award The contract or purchase order shall be awarded by appropriate written notice to the qualified, responsible and responsive bidder whose bid best meets the requirements and criteria set forth in the IFB and as follows: a. The ability, capacity and skill of bidder to perform the contract or provide the service required; b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; c. The character, integrity, reputation, judgment, experience and efficiency of the bidder; d. The quality of performance of previous contracts or services; e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; g. The quality, availability and adaptability of the supplies or contractual services to the particular use required; h. The ability of the bidder to provide future maintenance and service; i. The number and scope of conditions attached to the bid. j. The City reserves the right to accept or reject any or all bids or part of bids, to waive irregularities and technicalities, and to request re-bids on the material described in the IFB. k. The City also reserves the right to award the contract on such material as the City deems will best serve its interests. l. The City reserves the right to award the contract on a split-order basis, lump-sum or individual-item basis, or such combination as shall best serve the interest of the City unless otherwise specified. m. The City reserves the right to terminate the contract with thirty (30) days written notice of intent. 13. Brand Names If and wherever in the specifications of brand names, make, name of any manufacturer, trade name, or vendor catalog number is specified, it is for the purpose of establishing a grade or quality of material only. When the City does not wish to rule out other competitors' brands or makes, the phrase OR EQUAL is added. However, if a product other than the specified is bid, it is the bidder's responsibility to identify such product in his bid and he must prove to the City that said product is equal to or better than the product specified. Unless otherwise specified, evidence in the form of samples may be requested if the brand being bid is other than specified by the City. Such samples are to be furnished after the date of bid opening only upon request of the City. If samples should be requested, such samples must be received by the City no later than four days after formal request is made. 14. Variations of Specifications For purposes of bid evaluation, the bidder must indicate any variances from our specifications and/or conditions, no matter how slight. Any deviation from specifications must be explained in complete detail, including any drawings, engineering explanations and effect upon the costs. If variations are not stated in the bid, it will be assumed that the product or service fully complies with the City's specifications. 15. Material Quality All materials used in the manufacture or construction of supplies, materials or equipment purchased and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four (24) hours at no charge to the City. 16. Acceptance of Material The material delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the City. It must comply with the terms herein, and be fully in accord with specification and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specification, the City reserves the right to cancel the order upon written notice to the bidder and return product to bidder at the bidder's expense. The City reserves the right to request that the bidder(s) provide a demonstration unit and/or presentation prior to award. 17. Timely Delivery Time will be of the essence for any orders placed as a result of this bid. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on the bid form. 18. Price Changes Re Contracts If this IFB is for an estimated quantity of supplies, etc., versus purchase of a specific quantity of articles or service, consideration in awarding bid for yearly contracts will be given: First to bidder offering firm prices for full contract period; and, Second to bidder offering firm prices subject to market price reduction. 19. City Indemnification RE: Patent & Copyright The Vendor, in accepting this order, agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment therefor by the City. 20. Conflict of Interest The bidder certifies that, to the best of his knowledge or belief, no elected/appointed official or employee of the City of Largo, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in this bid. Financial interest includes ownership of more than five percent of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the bid or of any subcontractor or supplier thereof providing goods or services in excess of ten percent of the total bid amount. Additionally, the bidder, on company letterhead, must divulge at the time of bid submittal, any relative, other than those already specified, of an elected /appointed official or employee of the City of Largo who has a financial interest, as defined herein, in providing the goods or services specified in the bid. The City, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the bid. 21. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22. Options When the City requests bids with options regarding the extent of services to be provided, the City requests that all bidders provide a cost breakdown for each option proposed. Although all options may be purchased, some may not. The City reserves the right to decide, at its discretion, which options shall be purchased. Award will be made group by group or in the aggregate, whichever is in the best interest of the City of Largo. During the evaluation, vendors may be required to furnish price sheets their quotes are based on. The City also reserves the right to engage more than one firm, if it is believed that different firms might best serve the City's interests in performing different segments of a particular job. 23. Subcontracting Where proposers do not have the "in-house" capability to perform work desired, or to provide a product as specified, in the Bid, subcontracting may be permitted with prior knowledge and approval of the City. The City must be assured and agree that any proposed subcontractor(s) can perform the work or provide the product at the desired quality and in a timely manner. Therefore, the name of any intended subcontractor(s) should be identified in the bid. 24. Taxes The City of Largo is exempt from local, state, federal or transportation taxes, except excise tax on lubricants and batteries in accordance with Chapter 88-393, Laws of Florida, effective October 1, 1988. Exemption certificates will be provided upon request. 25. Failure to Bid If any vendor does not wish to bid, the Statement of No Bid must be returned. Otherwise, the vendor's name will be removed from the City's mailing list after three "No Bids". 26. Additional Information The apparent low bidder may be required to submit to the City within twenty-four (24) hours of bid opening the following documents: Most recent financial statements of the company; A list of equipment owned; A list of references which may be immediately contacted. 27. Manufacturer's Certification The City reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid. Failure to provide such certification may result in rejection of bid or default termination of contract for which the bidder must bear full liability. 28. Default of Contract In case of default by the bidder or contractor, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 29. Modification for Changes No agreement or understanding to modify this IFB and resultant purchase orders or contract shall be binding upon the City unless made in writing by the Assistant City Manager or authorized representative of the City of Largo. 30. Order or Precedence In the event of an inconsistency between provisions of the IFB, the inconsistency shall be resolved by giving precedence in the following order: a. The schedule; b. Special provisions; c. Instructions to Bidders and General Instructions; d. Other provisions of the contract, whether incorporated by reference or otherwise; and e. The specifications. 31. Examination of Records The bidder shall keep adequate records and supporting documentation applicable to the subject matter of this bid to include, but not be limited to, records of costs, time worked, working papers and/or accumulations of data, criteria or standards by which findings or data are measured, and dates/times of pick-up or delivery. Said records and documentation shall be retained by the bidder for a minimum of one (1) year from the date the bid is completed and accepted by the City. If any litigation, claim, or audit is started before the expiration of the one (1) year period, the records shall be retained until all litigation, claims, or audit findings, involving the records have been resolved. Should any questions arise concerning this bid the City and its authorized agents shall have the right to review, inspect, and copy all such records and documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at City expense. Bidders shall be authorized to retain electronic copies in lieu of original records, if they so desire. Any subcontractor(s) employed by a bidder who is subject to these requirements shall be subject to these requirements and the bidder is required to so notify any such subcontractor(s). 32. Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any item delivered to the City resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the following information: a. The chemical name and the common name of the toxic substance. b. The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosion, and reactivity; 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of overexposure. c. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of over-exposure. d. The emergency procedure for spills, fire, disposal, and first aid. e. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. f. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding these requirements should be directed to: Risk and Safety Manager, (727) 587- 6774. 33. Safety Clause Any and all work originated from this bid must comply with all applicable safety laws based on any City, County, State and/or Federal regulations. 34. Hold Harmless The parties recognize that the Contractor/Vendor is an independent contractor. The Contractor/Vendor agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising out of the execution, performance, nonperformance, or enforcement of the terms and conditions of this Agreement, Invitation for Bid or Request for Proposal, whether or not due to or caused by the negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys excluding only the sole negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys. The Contractor’s/Vendor's liability hereunder shall include all attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor/Vendor against the City and the Contractor/Vendor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. 35. Qualification of Bidders A bidder may be required, before the award of any contract, to show to the complete satisfaction of the City that he has the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within the time specified. 36. Disqualification of Bidders Any or all proposals will be rejected if there is any reason for believing that collusion exists among the bidders, and participants in such collusion will not be considered in future proposals for the same work. 37. Licenses and Permits The Contractor shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the State of Florida, or by the City of Largo. The Contractor must fully comply with all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work. 38. Vendor Site Inspection and Evaluation The City reserves the right to inspect the vendor's site prior to award or at any reasonable time throughout the contract period. 39. Applicable Law and Venue This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Sixth Judicial Circuit Court in and for Pinellas County, Florida for any state court action arising out of this Agreement, and exclusively in the United States District Court for the Middle District of Florida, Tampa Division, for any federal court action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding by any party hereto is brought in an inconvenient form or that venue of such suit, action, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts. 40. Provisions for Other Agencies Unless otherwise stipulated by the bidder, the bidder agrees to make available to the Government agencies, departments, and municipalities the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under the proposal. 41. Request for Information Information may be obtained from the Office of Management and Budget, (727) 587-6727, or from the individual listed on the IFB cover letter. CITY OF LARGO, FLORIDA SPECIAL CONDITIONS FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID # 18-B-641 1. Intent In accordance with the enclosed specifications, it is the intent of the City of Largo to receive bid proposals for a disposal facility for the items as described in the specifications. This bid is a Cooperative Bid for the City of Largo, City of Dunedin and the City of Clearwater. This facility must have approval from Pinellas County for recycling the majority of these materials. 2. Manufacturer's Reference Any such references, by brand or trade name or catalog number, are used for the purpose of describing the establishing general quality and performance levels. Unless otherwise stated in the bid section, consideration will be given for any product which meets or exceeds the quality of performance of the specification. Vendors are required to state exactly what they intend to furnish as provided in the proposal section, otherwise they shall be required to furnish the item as specified. 3. Warranty Failure by a manufacturer's authorized dealer to render proper warranty service/adjustments including providing a copy of the warranty work order to the City, shall subject that dealer to suspension from the City's approved vendor listing until satisfactory evidence of correction is presented to the Office of Management and Budget. Payment will not be withheld pending warranty repairs and adjustments. 4. Acceptance Delivery of equipment does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after thorough inspection indicates that the item meets specifications and conditions listed herein. Should the delivered equipment differ in any respect from specifications payment will be withheld until such time as the vendor takes necessary corrective action. If the proposed corrective action is not acceptable, the Office of Management and Budget may authorize recipient to refuse final acceptance of the time, in which case the item shall remain the property of the vendor and the City shall not be liable for payment for any portion thereof. 5. Delivery Bidders are cautioned that when stating delivery time, they are required to be as realistic as possible. as failure to deliver at stated may result in their removal from the City's bid list. 6. Performance Evaluation: Equipment and Vendor All equipment supplied to the City of Largo under any purchase order awarded as a result of this Invitation for Bid must be fully operational at the time of delivery, and complete with the specified options, attachments and accessories. Upon delivery, the equipment must perform at a level of effectiveness that would be reasonably expected from comparable unit in the same applications; failure of the equipment to perform acceptably will result in its return to the bidder without an obligation for payment. 7. Vendor Site Inspection and Evaluation The City reserves the right to inspect the vendor's site prior to award or at any reasonable time throughout the contract period. 8. Invoices Invoice copies (one original and one copy) shall be mailed to: City of Largo, Solid Waste Division, P.O. Box 296, Largo, Florida 33779-0296. 9. F.O.B. Point All prices quoted shall be F.O.B. destination with all delivery costs and charges included in the bid price. 10. Rejection of Delivery The City reserves the right to refuse delivery of any product which does not meet Federal, State or the specified safety standard. The City reserves the right to cancel any such item(s) on purchase orders and obtain such items from another source, when such items have not been delivered within a reasonable period of time as compared to the time stated in this bid. 11. Reporting Requirements Contractor shall provide the Solid Waste Manager or his/her designee a monthly report and an annual report with pertinent information about all materials delivered. This shall include total tonnage broken down into each major material type, and total cost to the City. Summaries of tonnages of all materials recovered by material type shall be included in the report. 12. Disposition of Recyclable Materials The Contractor shall not dispose of and/or landfill any designated recyclables or recovered materials processed that can otherwise be disposed of. The Contractor shall not knowingly, or without reasonable assumption, sell recyclables or recovered materials to another agent that landfills or disposes of material other than through recycling. The limitations of this paragraph do not apply to Rejects and Residue. The City reserves the right to cancel the use of the awarded bid if it finds that the Contractor is not disposing of materials in a fashion that complies with this paragraph. 13. Period of Contract Contract shall be for a period of three years effective the date of award. 14. Option of Renewal The contract may be renewed for one additional two year period by mutual agreement only if all prices, terms, and conditions remain the same. CITY OF LARGO, FLORIDA SPECIFICATIONS FOR YARD TRASH & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID # 18-B-641 1. Estimated Volume City of Largo: Given monthly and seasonal cycles, the City of Largo's Solid Waste Division will transport approximately 28,000 tons of non-putricible waste annually. These materials will be transported in roll-off trucks, rear- load trucks and claw trucks, Monday through Friday and occasionally on Saturday (if facility is open). City of Dunedin: Given monthly and seasonal cycles, the City of Dunedin will transport approximately 8,000 tons of non-putricible waste annually. These materials will be transported in roll-off trucks, claw trucks and rear-load trucks, Monday through Friday and occasionally on Saturday (if facility is open). City of Clearwater: Given monthly and seasonal cycles, the City of Clearwater will transport approximately 26,000 tons of non-putricible waste annually. These materials will be transported in roll- off trucks, claw trucks and rear-load trucks, Monday through Friday and occasionally on Saturday (if facility is open). 2. Definitions The bidder is hereby advised that for the purpose of this bid the following definitions apply: Pure Construction & Demolition Debris Materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wall board, and lumber: from the construction or destruction of a structure as part of a construction or demolition project, and including rock, soils, tree remains, trees and other vegetative matter which normally results from land clearing or land development petitions for a construction project. Mixing of construction and demolition debris with other types of solid waste, including material from a construction or demolition site which is not from the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris. SPECIFICATIONS (continued) FOR YARD TRASH & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID # 18-B-641 Yard Waste (Clean) Normal horticultural materials including but not limited to: grass clippings, tree trimmings, branches, stumps, leaves, weeds, and other bi-products of horticultural growth. These materials solely or in combination with less than 5% miscellaneous materials. Yard Waste (Clean in Plastic or Paper Bags) Normal horticultural materials including but not limited to: grass clippings, tree trimmings, branches, stumps, leaves, weeds, and other bi-products of horticultural growth. These materials solely or in combination with less than 20% materials in plastic or paper bags. Class III/Mixed Loads Loads consisting of the following items: couches, bedding, white goods, carpet, glass plastic, pails/buckets, paper, and general household / non-putricible waste . CITY OF LARGO, FLORIDA BID FORM FOR YARD TRASH & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #18-B-641 City of Largo Estimated Annual Price Tonnage Per Ton Total Cost Pure Construction-Demolition Debris 4,000 $ $ Yard Waste – Clean 3,000 $ $ Yard Waste – Clean w/ material in bags 4,000 $ $ Class III/Select Compactor Roll-offs 17,000 $ $ Days and Hours of Operation: __________________________________________ List holidays when business is closed: ___________________________________________ ____________________________________________________________________ Round Trip Driving Distance from each Cities facility to the disposal facility: City of Largo: Public Works Complex, 1000 2nd Street SE, Largo, FL 33771 – To Bidders Disposal Site __________________________________________ City of Dunedin: Solid Waste Yard, 1070 Virginia St., Dunedin, FL 34698 – To Bidders Disposal Site __________________________________________ City of Clearwater: Solid Waste Department, 1701 N. Hercules Avenue, Clearwater, Fl 33765 -To Bidders Disposal Site __________________________________________ Location of Disposal Site (address): __________________________________________ __________________________________________ ___________________________________________ CITY OF LARGO, FLORIDA BID FORM FOR YARD TRASH & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #18-B-641 PAGE 2 The undersigned bidder does hereby agree to furnish the City of Largo, Florida, the items listed in accordance with the Specifications shown by the Invitation to Bid to be delivered to the specified site for the price indicated. IT IS BIDDERS RESPONSIBILITY TO CHECK THE WEBSITE www.largo.com FOR FINAL DOCUMENTS AND ADDENDUMS BEFORE SUBMITTAL THIS BID MUST BE SIGNED BY A PERSON AUTHORIZED TO ACT FOR THE COMPANY IN HIS/HER OWN NAME. BIDDER NAME: ADDRESS: PURCHASE ORDER ADDRESS: PHONE NUMBER: FAX NUMBER: COMPANY CONTACT (REP): EMAIL ADDRESS(REP): SIGNATURE: TAX ID# SSN or EIN: CITY OF LARGO, FLORIDA REFERENCE INFORMATION FOR YARD TRASH & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #18-B-641 Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Representative Typed Name/Title___________________________________________________ Representative Signature ____________________________ Firm________________________ CITY OF LARGO, FLORIDA STATEMENT OF NO BID FOR YARD TRASH & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #18-B-641 IF YOU DO NOT INTEND TO BID ON THIS REQUIREMENT, PLEASE COMPLETE AND RETURN THIS FORM PRIOR TO DATE SHOWN FOR RECEIPT OF BIDS TO: City of Largo, Office of Management and Budget, Post Office Box 296, Largo, FL 33779-0296. OR FAX THIS PAGE ONLY to (727) 586-7420, OR EMAIL to jwheaton@largo.com WE, THE UNDERSIGNED, HAVE DECLINED TO BID FOR THE FOLLOWING REASON(S): WE DO NOT OFFER THIS PRODUCT OR EQUIVALENT. SPECIFICATIONS ARE TOO "TIGHT", I.E. GEARED TOWARD ONE BRAND OR MANUFACTURER ONLY (PLEASE EXPLAIN BELOW). UNABLE TO MEET SPECIFICATIONS (PLEASE EXPLAIN BELOW). SPECIFICATIONS UNCLEAR (PLEASE EXPLAIN BELOW). INSUFFICIENT TIME TO RESPOND TO INVITATION TO BID. OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM. UNABLE TO MEET BOND REQUIREMENTS. OTHER (PLEASE SPECIFY BELOW). REMARKS: WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF LARGO FOR FUTURE PROJECTS. Typed Name and Title __________________________________________________________ Signature ____________________________________________________________________ Company name _______________________________________________________________ Address _____________________________________________________________________ City State Zip Code ___________________ Telephone Number ( ) Fax ( ) _______________________ INSURANCE REQUIREMENTS CHECKLIST FOR BID #18-B-641 Items marked "X" must be provided X General Liability Minimum Limits Required x Commercial General Liability $ 2,000,000 General Aggregate x Occurrence Form $ 1,000,000 Product/Complete Operations Agg. $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ X Automobile Liability Owned, Hired & Non-Owned $ 1,000,000 Combined Single Limit per Occurrence X Worker's Compensation Statutory and Employer's Liability $ 100,000 Each Accident $ 500,000 Disease - Policy Limit $ 100,000 Disease - Each employee Professional Liability - Errors & Omissions (*To be completed by Bidder) * Deductible: $ $ Aggregate * Claims Made (Y/N): $ Each Claim * Occurrence (Y/N): * Defense included in Limits (Y/N): Builder's Risk/Installation Floater (* To be completed by Bidder) * Flood Included $ Limit $ 100% of Completed or Installed Value * Transportation Included $ Limit All-Risk Form * Storage Included $ Limit City Must Be A Named Insured. Copy of Policy Will Be Required. Other $ $ X The Certificate of Insurance must show “The City of Largo,its elected officials and employees” as an additional insured. The Certificate shall bear the requisite endorsements providing that the City is an additional insured and providing for waiver of subrogation by the Vendor/Subcontractor when applicable. X Vendor/Subcontractor shall provide immediate notice of any Vendor/Subcontractor initiated cancellation, non-renewal or adverse change to the policies required to be obtained or maintained pursuant to this RFP/Bid. Vendor/Subcontractor shall immediately forward to the City any notice it receives of cancellation, non-renewal or adverse change to any policy that is initiated by a policy provider(s). X Certificates must identify bid number and bid title. _______ Subcontractors must carry same Insurance limits. _______ Insurance Carrier should be A rated. _______ The City reserves the right to request any additional information it deems necessary, and at a frequency it deems necessary, to confirm the requisite insurance remains in effect, at the required levels, for the duration of any contractural agreement entered into pursuant to this RFP/Bid and/or any Purchase Order issued in accordance with this RRP/Biid Statement of Bidder: We understand the requirements requested and agree to comply fully. Bidder - Authorized Signature A complete copy of this form with original signature must accompany bid. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5470 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.21 SUBJECT/RECOMMENDATION: Amend the 2019 city council meeting schedule to cancel the Monday, July 29 work session. (consent) SUMMARY: The American Public Gas Association’s Annual Conference has been scheduled to take place July 28, 2019 through July 31, 2019 in Stowe, Vermont. Staff has been asked to cancel the July 29 work session to accommodate the Mayor’s attendance at the conference. The council meeting will be held on Thursday, August 1 at 6:00 p.m. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/17/2019 2019 Council Schedule Intranet (last rev.11-02-2018) 2019 CITY COUNCIL MEETING SCHEDULE WORK SESSION Time CITY COUNCIL MEETING Time Completed Items & attachments due to Agenda Program Items due to City Clerk Monday January 14 9:00 a.m.Thursday January 17 6:00 p.m.December 28, ‘18 January 7 Monday February 4 9:00 a.m.Thursday February 7 6:00 p.m.January 18 January 28 Tuesday February 19 9:00 a.m.Thursday February 21 6:00 p.m.February 4 February 11 Monday March 4 9:00 a.m.Thursday March 7 6:00 p.m.February 15 February 25 Monday March 18 9:00 a.m.Thursday March 21 6:00 p.m.March 4 March 11 Monday April 1 9:00 a.m.Thursday April 4 6:00 p.m.March 18 March 25 Monday April 15 9:00 a.m.Thursday April 18 6:00 p.m.April 1 April 8 Monday April 29 9:00 a.m.Thursday May 2 6:00 p.m.April 15 April 22 Monday May 13 9:00 a.m.Thursday May 16 6:00 p.m.April 29 May 6 Monday June 3 9:00 a.m.Thursday June 6 6:00 p.m.May 20 May 24 Monday June 17 9:00 a.m.Thursday June 20 6:00 p.m.June 3 June 10 Monday July 15 9:00 a.m.Thursday July 18 6:00 p.m.July 1 July 8 Monday July 29 9:00 a.m.Thursday August 1 6:00 p.m.July 15 July 22 Monday August 12 9:00 a.m.Wednesday August 14 6:00 p.m.July 29 August 5 Tuesday September 3 9:00 a.m.Thursday September 5 6:00 p.m.August 19 August 26 Monday September 16 9:00 a.m.Thursday September 19 6:00 p.m.August 30 September 9 Wednesday October 2 9:00 a.m.Thursday October 3 6:00 p.m.September 16 September 23 Monday October 14 9:00 a.m.Thursday October 17 5:00 p.m.September 30 October 7 Monday November 4 9:00 a.m.Thursday November 7 6:00 p.m.October 21 October 28 Monday November 18 9:00 a.m.Thursday November 21 6:00 p.m.November 4 November 8 Monday December 2 9:00 a.m.Thursday December 5 6:00 p.m.November 18 November 25 Monday December 16 9:00 a.m.Thursday December 19 6:00 p.m.December 2 December 9 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5531 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.22 SUBJECT/RECOMMENDATION: Appoint Denise Sanderson as the Clearwater Representative on the Penny for Pinellas IV Joint Review Committee for a term effective through September 30, 2030. (consent) SUMMARY: Pinellas County has requested that the Clearwater City Council appoint a city employee with expertise in economic development, planning or housing to the Penny IV Joint Review Committee. The Committee will be involved in the funding allocation process. The City Manager has identified Economic Development and Housing Director Denise Sanderson as the individual. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5533 Agenda Date: 1/17/2019 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.23 SUBJECT/RECOMMENDATION: Appoint individuals as listed to the Charter Review Committee. (consent) SUMMARY: At the January 14 work session, there was council consensus to appoint: Richard Adelson Kathleen Agnew Michael D. Anderson Darryl James Henderson Marilyn Kagan Kelly S. Kelly David Lillesand Marita M. Lynch Michael R. Mannino Bruce Rector Mike Riordon Sean Schrader Becca Tieder Page 1 City of Clearwater Printed on 1/17/2019 Application for Advisory Boards LARVvA NNGIYf AND BLVIRM,' BAY TO P[A:: Board Selection Please refer to the City of Clearwater Advisory Boards listing for requirements. You will need to upload at least one of the following: Current voter registration within city limits Valid current Florida Driver License issued to an address within city limits o Declaration of Domicile filed with the city clerk affirming residency within city limits Select the Boards That You Would Like to Apply To Boards Charter Review Committee RECEIVED DEC 04 20i& OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT Personal Info First Name* Marita Middle Initial M Last Name* Lynch Email Address* Length of Residency* Business Owner?* Home Address If not a resident of Clearwater. select "Not a dsidert' 6+ Years Do You Ow tx Represent a Business ir. aearrater"1 r Yes r No Street Address* City* Clearwater Zip Code* 33756 Education & Work Highest Level of Education Master's degree Occupation Employer t retired, enter tortt'r occopatior. Health care consultant Relevant Work Experience I have led small and large teams as a project manager and as a process improvement expert. I am a nurse by background although my most recent work experience has been as an IT health care consultant. In these roles I am able to lead teams and to be a team member. I have extensive experience in analyzing current state and current processes and in mentoring teams towards creating solutions to issues that have been identified. Community Activities Member of Clearwater Citizens Academy, Class of 2018. Guardian Ad Litem Big Sister in BBBS program Leadership Pinellas Class of 2002 Clearwater Jazz Holiday Board 2003 Board Service * hive you served or do you serve al a board in aeanvater 7 rYes r No Attachments Please refer to the City of Clearwater Advisory Boards listing for requirements and please attach a copy of one of the following documents: o Current voter registration within city limits o Valid current Florida Driver License issued to an address within city limits o Declaration of Domicile filed with the city clerk affirming residency within city limits Proof of Residency Drivers license.pdf 352.25KB Hie types accepted: pdf, tif, tiff, jpeg, Jag, gif, doci docx. rt`, pry. IC f 8 r» file size Questionnaire Question 1. What is your understanding of the duties and responsibilities of the Board(s)? Answer 1.* Advisory Boards are designed to do just that, to advise. Members of the Board bring to the table their relevant experience, insights and knowledge which are based on their work and life experience. This provides the decision-making bodies the benefit of speaking with members of the community who understand the issues, who will be impacted by any decisions and who can advise on an appropriate course of action. Strategy and direction can then be developed with the input and support of the Board members. This way a more representative course of action can be developed. This approach helps the City act in a more responsive way to the needs of the community. Question 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Answer 2.* r Yes r No Question 3. What background, experience, or education qualifies you to serve on the Board(s)? Answer 3.* I have been a resident of Clearwater for 26 years and I love this city. I am highly motivated to help Clearwater find solutions to the many issues that face the city today. I have work experience in providing consultative advisory services to healthcare corporations throughout the United States. In that role, I have gained an understanding of the importance of the role of the Advisory Board and as a consultant I have supported organizations to identify priorities and goals, to develop strategies to meet those goals and to address challenges and issues as they arise. I have a Masters of Business Administration as well as certification as a Lean Six Sigma Black Belt. I also have extensive work experience in leading teams as a project manager and as a process improvement specialist. These goal -oriented skills and experiences are very helpful while participating in Advisory Board activities. Question 4. Why do you want to serve on the Board(s)? Answer 4. * Date * Signature * As I mentioned above, I am a long time resident of Clearwater and I love this city. I now have more free time and I'd like to devote some of that time to civic activities. I think engagement in civic life is extremely important and I would be honored to offer my skills and experience to help Clearwater be a great city. 11/28/2018 Subpart A - CHARTER [1] Footnotes: --- (1) --- Editor's note—Printed herein is the home rule charter of the city, Ordinance No. 7235-04, as approved by the electors on March 9, 2004. Formerly, said Charter derived from Ordinance No. 1830, as approved by the electors on December 12, 1978. State Law reference—Municipal home rule powers act, F.S. ch. 166; charter amendments, F.S. § 166.031. ARTICLE I. - CORPORATE EXISTENCE, POWERS, AND BOUNDARIES Section 1.01. - Corporate existence and powers. (a) General Powers.The City of Clearwater, Florida, (the "city"), created by Chapter 9710, Special Laws of Florida, 1923, as amended, exists as a municipal corporation with all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services. The city may exercise any power for municipal purposes except when expressly prohibited by law. In addition to the powers enumerated herein, the city shall be vested with all powers granted by general or special acts of the Legislature of the State of Florida or as otherwise provided by law. (b) Exercise of Powers.The city may exercise its powers and perform and finance any of its functions, by contract or otherwise, jointly or with any one or more states or political subdivisions or agencies thereof, or the United States or any agency thereof, or with any person as defined by law. (c) Construction.The powers of the city under this charter shall be construed liberally in favor of the city. The city is empowered to do whatever is necessary and proper for the safety, health, convenience and general welfare of its inhabitants. The specific mention of a particular power in this charter shall not be construed as limiting the general power stated in this Section of Article I. (6372-99, § 1, 1-21-99/3-9-99) Section 1.02. - Corporate boundaries. The corporate boundaries of the city shall be as they exist on the date this charter takes effect, provided that the city may change its boundaries in the manner prescribed by law. ARTICLE II. - LEGISLATIVE POWER Section 2.01. - Council; composition; powers. (a) Composition.There shall be a city council, (the "council"), composed of five council members, including the mayor. The members will occupy seats numbered one through five, inclusive. All members shall be elected at large by the voters of the city. (b) Powers.All legislative power of the city shall be vested in the council, except as otherwise provided by law or the provisions of this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the city by law. (c) Duties.It shall be the duty of the council to discharge the obligations and responsibilities imposed upon the council by state law, city ordinance and this charter. As a part of the discharge of its duty, the council shall: 1. Each October at a public meeting, present a report on the evaluation of the performance of the city manager and city attorney. 2. Adopt by ordinance a comprehensive system of fiscal management. The fiscal management ordinance shall include provisions relating to the operating budget, capital budget and capital program, and provide for hearings on the budget, capital budget and capital program and the amendment of the budget following adoption. 3. Provide for an annual or more frequent independent audit of all city accounts by a firm of certified public accountants, and provide for publication of a notice of availability of each audit. No firm shall be employed for more than five consecutive years. All audits shall be in accordance with law. 4. Regulate comprehensive planning, zoning and land development as provided by law. (d) Limitations.The legislative power provided herein shall have the following limitations: (1) The total indebtedness, which for the purpose of this limitation shall include revenue, refunding, and improvement bonds of the city, shall not exceed 20 percent of the current assessed valuation of all real property located in the city. The total budgeted expenditures in any fiscal year shall not exceed the total estimated revenue plus any unencumbered funds carried forward from a prior fiscal year. (2) The city council shall by ordinance adopt procedures for the purchase or rental of goods and services. (3) Any non-budgeted expenditure in excess of $5 million must be approved by the council at two separate meetings held at least two weeks apart and advertised notice of a public hearing must be given at least five days prior to the second meeting. (4) With the exception of maintenance or emergency dredging, or dredging relating to those portions of Dunedin Pass and Stevenson's Creek located within the boundaries of the city, permits for dredging or filling in excess of 10,000 cubic yards below the mean high water line may be authorized only after a properly advertised public hearing before the council and approval at referendum. (5) Real property. (i) Prior to the sale, donation, lease for a term longer than five years, or other transfer of any municipal real property, the real property must be declared surplus and no longer needed for municipal public use by the council at an advertised public hearing. Except in the case of right-of-way dedications, the granting of easements, transactions with governmental entities as described herein, or conveyance for Workforce or Affordable Housing no real property may be given away or donated without prior approval at referendum. Following a public hearing, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than one-half acre in size for workforce or affordable housing. Workforce or Affordable Housing means housing affordable to persons or families whose total annual income does not exceed 120 percent of the Area Median Income (AMI), adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) for Pinellas County or metropolitan area. (ii) Except as otherwise provided herein, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the council and whose proposed use of the property is in accordance with the council's stated purpose for declaring the property surplus, if any. However, when the property declared surplus is vacated right-of-way in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the property to the abutting property owner for not less than fair market value. (iii) Surplus real property may be transferred to another governmental entity for less than the appraised value after an advertised public hearing has been held and a finding by the council of a valid public purpose for the transfer. (iv) Surplus real property may be exchanged for other real property having a comparable appraised value. (v) No municipally owned real property which was identified as recreation/open space on the city's comprehensive land use plan map on November 16, 1989, or at any time thereafter, may be sold, donated, leased for a new use, or otherwise transferred without prior approval at referendum, except when the council determines it appropriate to dedicate right-of-way from, or easement over, such property. Such recreation/open space property may be leased for an existing use, without referendum, unless such lease is otherwise prohibited by charter or ordinance. (vi) No right-of-way or easement which terminates at, or provides access to, the water's edge of a body of fresh or salt water may be vacated for private benefit. Nothing contained in this section shall prevent an easement solely for utility purposes from being vacated, exchanged for a new easement for similar purposes or from converting a fee interest for utility purposes into an easement for such purposes. (vii) The council may lease municipal real property for five years or less without declaring it surplus. Municipal real property declared surplus may be leased for a term up to 65 years, provided, however, nothing herein shall preclude renewal of any lease for a maximum of 30 years. Municipal property declared surplus may be leased for an initial period of more than 65 years or a renewal period exceeding 30 years, if approved at referendum, but not to exceed 95 years total. (viii) All leases of municipal real property shall contain recapture and reverter clauses. (ix) When purchasing real property for less than $500,000.00, the council shall obtain an appraisal performed by city staff or independent certified appraiser. If the purchase price of such property equals or exceeds $500,000.00 but is less than $1,000,000.00, the council shall obtain at least one appraisal by an independent certified appraiser. If the purchase price of such property equals or exceeds $1,000,000.00, the council shall obtain at least two appraisals by independent certified appraisers. (6) No municipal or other public real property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Chestnut Streets, being further described in Appendix A, and no municipal or other public real property constituting the Memorial Causeway or lands immediately contiguous thereto, more particularly described as: That portion of Memorial Causeway (S.R. 60) a 1,200-foot-wide right-of-way, lying between the east abutment of the west bridge and the east line of Clearwater Harbor, and the submerged portions of Board of Trustees of the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502, shall be developed or maintained other than as open space and public utilities together with associated appurtenances, except upon a finding by the council at a duly advertised public hearing that such development is necessary in the interest of the public health, safety and welfare of the citizens of the city and approval of such finding at referendum, conducted subsequent to the public hearing. For the purpose of this section "open space" shall include plazas, sidewalks, boardwalks, elevated walkways, paths, trails, roadways, stairs, benches, tables, water fountains, litter receptacles, lighting, wayfinding and similar amenities and surface parking. As an exception to the open space limitation contained herein, the following uses and facilities are allowed to be constructed and maintained on that portion of the city-owned property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Pierce Streets: a city-owned bandshell and associated facilities including removable seating; city-owned tennis courts and associated appurtenances, playground, splash pad, water features, artwork and similar amenities; public restrooms and park storage. Additionally, licensing of events, temporary booths for vending, and mobile concessions may be permitted. Notwithstanding any provision of this section to the contrary, city-owned public docks, promenade, side tie moorings and not more than 140 dedicated boat slips for recreational non- commercial vessels, together with public restrooms and dock master offices which shall not exceed 1,200 square feet and associated surface parking, may be constructed, operated and maintained in and on that portion of Clearwater Harbor and abutting uplands generally located south of Drew Street, north of Smith's Finger, east of the Intracoastal Waterway Channel and west of the Bluff as more particularly described in Appendix B. Potable water, shore power, sewage pump out and restroom facilities may be provided to and located on the slips, docks and moorings. The dockmaster's office may include coin-operated washers and dryers and sale of ice. The parking for the facility, which may be designated for use by slip tenants, shall be existing surface parking which shall be brought up to code and shall not result in any net loss of green space. City may permit ferries, water taxis, excursion boats and similar uses to access the docks for drop off and pick up of passengers, booths for ticket sales, and directional signage. The promenade shall be constructed on a portion of the footprint of the prior bridge. City council shall adopt by resolution regulations that provide city residents first priority for the dedicated boat slips and which ensure public access to the docks, boardwalks and promenade, however nothing herein shall prohibit fencing and gates for security. Concessions for rental of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats may be permitted and a restroom and boathouse structure not to exceed 2,000 square feet for storage of said equipment may be permitted. Except for a ramp for launching of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats, no boat launching ramps, fueling facilities or parking garage shall be permitted. (7) No city owned real property in the area bounded on the north by Drew Street, on the east by Osceola Avenue, on the south by Pierce Street, and on the west by the waters of Clearwater Harbor, shall be sold, donated, leased, or otherwise transferred or used for other than city facilities except upon a finding by the council at a duly advertised public hearing that such transfer or use is necessary and in the interest of the public health, safety and welfare of the citizens of the city and the approval of such finding at referendum. Except that the structure known as Harborview Center, as described in Appendix B may be leased for and used in furtherance of any municipal purpose consistent with the charter and ordinances of the city; and, portions of the Downtown Main Library may be leased and used for a café or restaurant, special events, art galleries, maker space, and other compatible public and commercial uses. Additionally, the council at a duly advertised public hearing, may grant easements for underground utilities. (8) Notwithstanding and as an exception to anything contained in section 2.01(d)(5), (6) and (7) herein, and the City Council is authorized to: (a) Negotiate and enter into a ground lease with the Clearwater Marine Aquarium for an initial term of not to exceed 60 years for redevelopment of certain municipally owned real property in the Downtown generally described as generally lying west of Osceola Ave., east of the unimproved Pierce Boulevard right-of-way, south of Cleveland St. and north of Pierce St., as more specifically described in Appendix C, for compensation to be determined by City Council which may be less than fair market value, for the purpose of construction, operation and maintenance of an aquarium as specifically described herein. (b) Negotiate and enter into a lease allowing the construction, operation and maintenance of an Aquarium which shall not exceed 250,000 square feet and may include the following components: Exhibit space including exhibit space for traveling exhibits: Animal hospital including Surgical Suite and medical laboratory; Water Quality laboratory: Classrooms and Community rooms: Food and catering facilities: Theaters; Laundry facilities: Retail/Gift shop: Administrative offices; Video/film production facilities; Mechanical space i.e. chiller, boiler, power generation; Chemical storage rooms, dry and liquid: Life Support equipment rooms i.e. filters, pumps, ozonators, backwash recovery systems, water storage: Saltwater pumping station: Driveways, Delivery and loading and unloading zone. Pick-up/drop-off zone: and drainage facilities: and such other functions as a typically associated with an aquarium of similar size. (c) Grant necessary easements for driveways, utilities and salt water intake and discharge as permitted by the appropriate agencies. (d) Authorize relocation of the tennis courts to a location to be determined by the City Council. (e) If at any time prior to commencement of construction of the Aquarium, CMA abandons the project or fails to meet material obligations under the lease, or if the City Council does not approve a lease pursuant hereto on or before June 15th, 2015 the exemptions contained in this § 2.01(d)(8) shall expire and have no further force and effect. (Ord. No. 6373-99, §§ 1, 2, 1-21-99/3-9-99; Ord. No. 7237-03, § 1, 12-18-03/3-9-04; Ord. No. 7777-07, § 1, 1-18-07/3-13-07; Ord. No. 7901-07, §§ 1, 2, 11-15-07/1-29-08; Ord. No. 8298-11, § 1, 12-1-11/1-31-12; Ord. No. 8418-13, § 2, 6-19-13/11-5-13; Ord. No. 8808-15, § 1, 12-3-15/3-15-16; Ord. No. 8809-15, § 1, 12-3-15/3-15-16; Ord. No. 9063-17, § 2, 8-3-17/11-7-17) Section 2.02. - Qualifications. Members of the council shall be qualified voters of the city and shall have continuously resided in the city for at least one year prior to submitting a petition for election. The council shall be the judge of the election and the other qualifications of its members and of the grounds for forfeiture of their office. Section 2.03. - Election and terms. Commencing with the terms beginning in 2008, all council members, including the mayor, shall be elected for terms of four years. Terms shall overlap, with two council members and the mayor elected one year, and the additional two council members elected two years later. No person who has, or but for resignation or forfeiture of office would have, served as a council member for two consecutive full terms shall serve as a council member other than mayor for the succeeding four-year term. No person who has, but for resignation or forfeiture of office would have, served as mayor for two consecutive full terms, shall serve as mayor or council member for the succeeding four-year term. Term limits shall be effective for each respective seat on the date of the next election for that seat after 1994. Newly elected council members shall take office the next business day following certification of city election returns. (Ord. No. 63-74-99, § 1, 1-21-99/3-9-99; Ord. No. 7902-07, § 1, 11-15-07/1-29-08) Section 2.04. - Compensation and expenses. The council may determine the annual salary of council members and the mayor by ordinance. No ordinance increasing such salary shall become effective until the date of commencement of the terms of council members elected at the next regular election, occurring at least six months following the adoption of such ordinance. Council members shall be reimbursed their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. - Mayor, functions, and powers. The mayor shall preside at all meetings of the council, perform such other duties consistent with the office as may be imposed by the council and this charter, and shall have a voice and a vote in the proceedings of the council, but no veto power. The mayor may execute legal instruments on behalf of the city or otherwise as required by law. This authorization does not confer upon the mayor administrative duties except as required to carry out the responsibilities stated in this charter. The mayor shall be recognized as the official head of the city by the courts for the service of process, by the governor for purposes of military law, and for all ceremonial purposes. At the first council meeting each April, the council shall elect one of its members as vice-mayor. The vice-mayor shall act as mayor during the temporary absence or inability of the mayor to perform the duties of the office of the mayor. Section 2.06. - Prohibitions. (a) Appointments and removals.Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officer or employee whom the city manager, or any of the city manager's subordinates, is empowered to appoint. (b) Dealing through city manager.Except during an investigation, the council members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager. Neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. Recommendations for improvement in city operations by individual council members shall be made to and through the city manager. Nothing in the foregoing paragraph prohibits individual members of the council from asking questions and observing city operations so as to obtain independent information to assist them in the formulation of policy. (c) Holding other office.No present or former council member shall hold any compensated appointive city office or employment until one year after the expiration of the term for which such council member was elected. Section 2.07. - Vacancies; forfeiture of office; filling vacancies; advisory boards. (a) Vacancies.The office of a council member shall become vacant upon the death, resignation, removal from office in any lawful manner, or forfeiture of the office, such forfeiture to be declared by the remaining members of the council. (b)Forfeiture of office.A council member shall forfeit such office if such member: 1. Lacks at any time during the term of such office any qualification for the office prescribed by law, or 2. Is convicted of a felony or a crime involving moral turpitude, or 3. Fails to attend six consecutive regular meetings of the council, unless such absence is excused by the council, or 4. Fails to attend twenty-five percent of the regular meetings during a 12-month period whether excused or not. (c) Filling of vacancies; vacancy in council member's seat. 1. A vacancy on the council should be filled by majority vote of the remaining council members within 30 days after the vacancy. The person so appointed shall serve as a council member until the next regular or special election. At such election, a council member shall be elected to serve for the remainder of the unexpired term of office. 2. If the council member fails to fill such vacancy within 60 days after it occurs, a special election shall be called to fill the unexpired term. 3. Any person appointed to fill such a vacancy shall possess all the qualifications required of a council member by law. (d) Extraordinary vacancies.In the event that all council members resign or are removed by death, disability, or forfeiture of office, the governor shall appoint an interim council that shall call a special election to be held within 90 days after the occurrence of the vacancies. Such election shall be held in the same manner as the first election under this charter. In the event vacancies cannot be filled as provided in section 2.07(c) because of permanent vacancies which make it impossible to assemble a quorum, then in such case the governor shall appoint that number of council members necessary to constitute a quorum who shall hold office until the next regular or special election. (e) Boards.The council is empowered to appoint such advisory boards as it deems appropriate and regulatory board(s) as may be established by law. (Ord. No. 6375-99, § 1, 1-21-99/3-9-99 Section 2.08. - Procedure. (a) Meetings.The council shall meet regularly at least once each month at such times and places as the council may prescribe by rule. Special meetings may be held on call of the mayor, the city manager, or any two council members and, when practical, upon no less than 24 hours' notice to each member and the public. All meetings shall be public, except as otherwise provided by law. The city manager and any council member shall have the power to cause any item to be placed on the next agenda. (b) Rules and minutes.The council shall determine its own rules and order of business. The city clerk shall keep minutes of the council proceedings. (c) Voting.Voting on ordinances and resolutions shall be by roll call and shall be recorded in the minutes. A majority of the council shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. Except as provided in section 2.07(c), section 3.02 and in the preceding sentence, no action shall be valid or binding unless adopted by the affirmative vote of the majority of all council members. Section 2.09. - Ordinances and resolutions in general. (a) Definitions. 1. "Ordinance"means an official, legislative action of the council, which action is a regulation of a general and permanent nature and enforceable as a local law. 2. "Resolution"means an expression of the council concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the business of the council. (b) Form.Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended action, section, subsection, or paragraph of a section or subsection. (c) Procedure.A proposed ordinance shall be read by title, or in full, on at least two separate days, at either regular or special meetings of the council, and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time, and place of the meeting, the title or titles of proposed ordinances and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (d) Effective date.Except as otherwise provided in this charter, every adopted ordinance shall become effective ten days after adoption or as otherwise specified therein. (e) Emergency ordinances.An ordinance may be passed as an emergency measure on the day of its introduction if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the vote of at least four council members. An emergency ordinance shall remain effective as an ordinance for a period of 90 days and shall automatically expire at the end of such 90-day period unless during the time of such period the ordinance is submitted for adoption in the manner provided for non-emergency ordinances. Such ordinances may not levy taxes; grant, renew or extend a franchise; change election qualifications; set service or user charges for any municipal services; authorize the borrowing of money; enact or amend a land use plan; or rezone private real property. Emergency ordinances shall become effective upon passing or at such other date as shall be specified in the ordinance. Section 2.10. - Authentication, recording and disposition of charter amendments, ordinances, and resolutions. (a) Authentication.The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the council. In addition, when charter amendments have been approved at referendum. (b) Recording.The city clerk shall keep properly indexed records in which shall be recorded, in full, all ordinances and resolutions passed by the council. Ordinances shall periodically be codified. The city clerk shall also maintain the city charter in current form. A copy of the charter and any amendments thereto shall be sent to the secretary of state. (c) Availability of Public Records.The council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this charter available to the people of the city for public inspection and available for purchase at a reasonable price to cover the cost of reproduction. ARTICLE III. - ADMINISTRATION Section 3.01. - City manager. The city manager shall serve as the chief administrative officer and chief executive officer of the city. The city manager shall be appointed on the basis of administrative qualifications, experience, and training. The city manager need not be a resident of the city or state at the time of appointment, but shall establish and maintain residency within the city within one year after the appointment. The city manager shall be responsible to the council for all city administrative affairs. Section 3.02. - Appointment; removal; compensation. (a) Appointment.The council shall appoint a city manager by an affirmative vote of four council members. The city manager shall hold office at the pleasure of the council. (b) Removal.The council may remove the city manager by an affirmative vote of four council members or a majority of the council members at two separate meetings held at least two weeks apart. Upon request by the city manager, a public hearing will be held prior to a vote to remove the city manager. (c) Compensation.The compensation of the city manager shall be fixed by a majority of all the council members. (d) Acting city manager.By letter filed with the council, the city manager shall designate one or more assistant city managers to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this period, the council shall appoint an interim or new city manager in accordance with the provisions of this charter. Section 3.03. - Powers and duties of the city manager. The city manager shall: (a) Appoint, promote, and suspend, demote, or remove any city employees or appointive administrative officers under the city manager's jurisdiction, except as may be otherwise provided by law. Such appointment, promotion, suspension, demotion, or removal shall be in compliance with the civil service law and other applicable rules and regulations. (b) Establish or discontinue any city department, division or board in the administrative affairs of the city, subject to council approval. (c) Attend council meetings and have the right to take part in discussion, but not to vote. (d) See to the faithful execution of all laws, provisions of this charter, and acts of the council subject to enforcement by the city manager or officers subject to the city manager's supervision. (e) Prepare and submit to the council in the form provided by ordinance, the annual budget, a capital improvement budget, and a projected capital improvement program for a minimum five- year period. (f) Submit to the council at the first regular meeting in September of each year and make available to the public a comprehensive report on the financial condition and administrative activities of the city. (g) Make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the city manager's supervision. (h) Keep the council fully advised as to the financial condition and future needs of the city and make recommendations to the council concerning the affairs of the city. (i) Sign contracts on behalf of the city pursuant to the provisions of appropriations ordinances. (j) Develop and keep current an administrative code which sets forth the organizational and operational procedures of the city government. (k) Provide administrative assistance to the council in connection with their official duties, and perform such other duties as are specified in this charter or may be required by the council. (l) Act as purchasing agent for the city. (Ord. No. 6375-99, § 2, 1-21-99/3-9-99) Section 3.04 - City clerk. The city manager shall appoint a city clerk, which appointment must be confirmed by the council prior to becoming effective. The city clerk or the designee of the city clerk shall: (a) Be custodian of all records and the official seal of the city; (b) Attest all documents requiring attestation and agreements to which the city is a party; (c) Arrange for and supervise all city elections; (d) Attend all meetings of the council and keep minutes of its proceedings; (e) Give notice of council meetings to its members and the public; (f) Perform such other duties as directed or required by law. Section 3.05. - Personnel system. Appointments and promotions of city officials and employees, except those specifically exempted by ordinance, shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence as provided by law. ARTICLE IV. - CITY ATTORNEY; LEGAL DEPARTMENT [2] Footnotes: --- (2) --- Code reference— Officers and employees generally, § 2.261 et seq. Section 4.01. - City attorney, legal department. There shall be a legal department, headed by the city attorney, operating under the authority of and responsible to the council. The legal department shall consist of the city attorney, assistant city attorneys and such other staff as the council may direct. Section 4.02. - City attorney appointment, removal, and compensation, qualifications and duties. (a) Appointment.The city attorney shall be appointed by the affirmative vote of four council members and may be removed by a majority of the members of the council. Upon request by the city attorney a public hearing will be held prior to a vote to remove the city attorney. The city attorney shall be a member in good standing of The Florida Bar. (b) Duties.The city attorney shall be the legal advisor to the council, the city manager and all city departments, offices and agencies. When required by the city council, the city attorney shall prosecute or defend, on behalf of the city, all complaints, suits and controversies in which the city is a party; and shall prepare or review and approve as to form and legal sufficiency all contracts, bonds, and other instruments to which the city is a party. The city attorney shall perform such other duties as may be directed by law or the city council. (c) Absence.By letter, filed with the council, the city attorney shall designate one or more assistant city attorneys to perform the duties of city attorney during a temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this time, the council shall appoint an interim or new city attorney in accordance with the provisions of this charter. (Ord. No. 6375-99, § 3, 1-21-99/3-9-99) Section 4.03 - Assistant city attorneys; special counsel. (a) Assistants.The city attorney shall appoint as many assistant city attorneys as authorized by the city council. (b) Special Counsel.The council may employ special counsel, outside of the legal department, who shall conduct such investigations and perform such services as the council may direct and who shall report directly to the council. Section 4.04 - Compensation. The council shall determine the compensation to be paid to the city attorney and special counsel. Compensation for the assistant city attorneys shall be established by the city attorney and approved by the council. ARTICLE V. - RESERVED ARTICLE VI. - INITIATIVE; REFERENDUM; RECALL Section 6.01. - Initiative. The voters of the city shall have power to propose ordinances to the council, and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such powers shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, or salaries of city officers or employees. Section 6.02. - Referendum. The voters of the city shall have power to require a reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, any emergency ordinance, or ordinance relating to appropriation of money, levy of taxes, or appointment or salaries of city officers or employees. Section 6.03. - Recall. The voters of the city shall have the power to recall or remove from office any elected official or officials of the city, for the reasons and in the manner set forth in the General Laws of the State of Florida. Section 6.04. - Commencement of proceedings. Any five voters may commence initiative or referendum proceedings by filing with the city clerk or other official designated by the council an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official designated by the council shall at the committee's request issue the appropriate petition blanks to the petitioners' committee at the committee's expense. Section 6.05. - Petitions. (a) Number of signatures.Initiative or referendum petitions must be signed by voters of the city equal in number to at least ten percent of the total number of voters registered to vote in the last regular city election. (b) Form and content.All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of the circulator.Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof stating: That the circulator personally circulated the paper; the number of signatures thereon; that all the signatures were affixed in circulator's presence; that the circulator believes them to be the genuine signatures of the persons whose names they purport to be; and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions.Completed referendum petitions must be filed within 90 days after the effective date of the ordinance sought to be reconsidered. Section 6.06. - Procedure to filing. (a) Certificate of city clerk; amendment.Within 20 days after the initiative or referendum petition is filed, the city clerk or other official designated by the council shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is insufficient and shall promptly send a copy of the certificate to the petitioner's committee by registered mail. Grounds for insufficiency are only those specified in section 6.05 hereof. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend with the city clerk or other official designated by the council within two working days after receiving the copy of the city clerk's certificate and files a supplementary petition within ten days after receiving the copy of such certificate. The supplementary petition shall comply with the requirements of subsections (b) and (c) of section 6.05 hereof and within five days after it is filed the city clerk or other official designated by the council shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioner's committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient, or if a petition or amended petition is certified insufficient and the petitioner's committee does not elect to amend or request council review under subsection (b) of this section within the time required, the city clerk or other official designated by the council shall promptly present the certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Council review.If a petition has been certified insufficient and the petitioner's committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two working days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall within 30 days review and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. Section 6.07. - Referendum petitions; suspension of effect of ordinance. When a referendum petition is filed with the city clerk or other official designated by the council, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a). There is a final determination of insufficiency of the petition, or (b). The petitioners' committee withdraws the petition, or (c). The council repeals the ordinance, or (d). Tabulation of the ballots cast by the voters of the city on the ordinance has been certified and repeal of the ordinance has failed. Section 6.08. - Action on petitions. (a) Action by council.When an initiative or referendum petition has been determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (b) Submission to voters.The vote of the city on a proposed or referred ordinance shall be held not less than 90 days and not later than 150 days from the date that the petition was determined sufficient. If no regular city election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Withdrawal of petitions.An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the city by filing with the city clerk or other official designated by the council a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 6.09. - Results of election. (a) Initiative.If a majority of the voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as an ordinance of the same kind adopted by the council except that it may not be repealed until after the next regular city election. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum.If a majority of the voters voting on a referred ordinance vote against the referred ordinance, it shall be considered repealed upon certification of the election results and may not be reenacted in substance until after the next regular city election. (Ord. No. 6375-99, § 4, 1-21-99/3-9-99) ARTICLE VII. - GENERAL PROVISIONS Section 7.01. - Charter amendment. (a) Initiation by ordinance.In addition to charter amendments otherwise authorized by law, the council may, by ordinance, propose amendments to any part or all of this charter, except Article I, section 1.02, prescribing boundaries, and upon passage of the initiating ordinance shall place the proposed amendment to a vote at the next general election held within the city or at a special election called for such purpose. (b) Initiation by petition. 1. The voters of the city may propose amendments to this Charter, except Article I, section 1.02, prescribing boundaries, in the manner set forth in Article VI, section 6.05(a)—(c). 2. Upon certification of the sufficiency of the petition by the city clerk, the council shall place the proposed amendment to a vote of the voters at the next general or special election held not less than 90 days nor more than 150 days after certification. Section 7.02. - Charter review advisory committee. The council shall appoint a charter review advisory committee in January, 1994, and at least every five years thereafter provided the appointments are made in January of a year preceding a city election. The charter review advisory committee shall be composed of not less than ten members. It shall review the existing charter and make recommendations to the council for revisions thereto. ARTICLE VIII. - NOMINATIONS AND ELECTIONS Section 8.01. - Qualified voters. Any person who is a resident of the city who has qualified as a voter of Florida, and Pinellas County, and who registers in the procedural manner prescribed by law, shall be a qualified voter of the city. Section 8.02. - Nonpartisan elections. All nominations and elections for council shall be conducted on a nonpartisan basis without regard for or designation of political party affiliation of any nominee on any nomination petition, ballot, or political advertisement under the control of the candidate. (Ord. No. 6375-99, § 5, 1-21-99/3-9-99) Section 8.03. - Form of ballots. The council shall by ordinance prescribe the form of the ballot and the method conducting all elections of the city. (a) Council ballots.Candidates for seats on the council shall be grouped according to the seat number for which they are candidates. Within each group, names shall be placed on the ballot alphabetically. No candidate may seek election to more than one seat in any election. (b) Charter amendment.A charter amendment to be voted on by the voters of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted?" Immediately below such question shall appear, in the following order, the word "yes" and also the word "no" with a location thereafter to indicate the voter's choice. Section 8.04. - Nominations. The names of candidates for council shall be placed upon the ballot by the filing of a written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance. Where only one candidate qualifies for nomination to a seat on the council, then no general election shall be held with respect to the seat and the candidate shall be declared elected to the seat. (Ord. No. 7235-03, § 2, 12-18-03/3-9-04) Section 8.05. - Elections. (a) Council positions.All members of the city council shall be elected at large. The candidate receiving the largest number of votes among the candidates for that seat shall be elected. (b) Regular elections.Regular city elections shall be held on the second Tuesday in March of each year in which a council term expires. (c) Special elections.Special municipal elections may be called by the council at any time for such purposes as are authorized by law. (d) The Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board, unless otherwise provided by ordinance. (Ord. No. 7904-07, § 1, 11-15-07/1-29-08; Ord. No. 7991-08, § 1, 8-7-08/11-4-08) Section 8.06. - Candidate vacancy. If the death, withdrawal or removal from the ballot of a candidate occurs after the end of the qualifying period and leaves fewer than two candidates for an office, then the qualifying period shall be extended to the latest date on which a name can be added to the ballot. If a name cannot be added to the ballot, the remaining candidate shall be declared elected. ARTICLE IX. - FISCAL MANAGEMENT PROCEDURE The city's fiscal management procedure shall include provisions relating to the operating budget, capital budget, and capital program, and provide for hearings on the budget, capital budget, and capital program and the amendment of the budget following adoption. (Ord. No. 7904507, § 1, 11-15-07/1-29-08) ARTICLE X. - TRANSITION SCHEDULE Section 10.01. - Continuation of former charter provisions. All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. Section 10.02. - Ordinances preserved. All ordinances in effect upon the adoption of this charter to the extent not inconsistent herewith, shall remain in force until repealed or changed as provided herein. Section 10.03. - Rights of officers and employees. Except as is specifically provided herein, nothing in this charter shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. City council members shall continue to hold their offices until their successors are elected. Section 10.04. - Pending matters. All rights, claims actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of the charter. Section 10.05. - Schedule. This charter shall be in full effect for all purposes on and after approval by a majority of the electors voting in a valid election to be called for such purpose, and upon being filed with the secretary of state. Appendix A That portion of city-owned land bounded on the north by the right-of-way of Drew Street, on the east by the right-of-way of Osceola Avenue, on the south of the right-of-way of Pierce Street, and on the west by the waters of Clearwater Harbor, lying below the 28 mean sea level elevation, together with the following described tract: Beginning at the northeast corner of section 16, township 29 south, range 15 east, Pinellas County, Florida, and run thence west along the north line of said section, 1320.0 feet; thence south along the west line of the east one-half of the northeast one-quarter of said section 16, 1526.16 feet to an intersection with an easterly projection of the centerline of Pierce Street; thence south 89°45'00" W along the centerline of Pierce Street, 418 feet to an iron stake set in a projection of the west line of Osceola Avenue as extended across Pierce Street; thence south 20 feet along this projection of the southwest corner of the intersection of Pierce Street and Osceola Avenue; thence south 88°18'42" W along the south line of Pierce Street, 375 feet to the point of beginning; thence continue south 88°18'42" W, 270.89 feet along said south line of Pierce Street to the east right-of-way line of Pierce Boulevard; thence south 19°24'39" east along aforesaid east right-of-way along a curve to the right, chord 157.24 feet, arc 157.41 feet, radius 980 feet; thence north 88°18'46" east, 120.42 feet; thence north 0°14'32" west, 50 feet; thence north 88°18'42", 100 feet; thence north 0°14'32" west, 99.80 feet to the point of beginning less and except that portion of the above described tract designated for the Bandshell Site. Appendix B Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected Map of Causeway Business District, according to the plat thereof as recorded in Plat Book 57, Pages 1 and 2, Public Records of Pinellas County, Florida, for a POINT OF BEGINNING, said point being said Westerly right-of-way line of Osceola Avenue; run thence S 01°26'17" E, along said Westerly right-of-way line of Osceola Avenue, 224.38 feet, to the Northerly right-of-way line of Cleveland Street; thence N 89°58'26" W, along said Northerly right-of-way line of Cleveland Street, 403.55 feet; thence N 00°00'15" W, along a line West of the existing Harborview Center Building, 217.30 feet; thence along a line Northerly of said Harborview Center Building the following two courses, S 89°58'26" E, 187.20 feet; thence N 88°07" 14" E, 210.85 feet to the POINT OF BEGINNING. CHARTER COMPARATIVE TABLE - ORDINANCES This table shows the location of amendments to the Charter of 1978, included as Subpart A of Part I. Ordinance Number Adoption Date Referendum Date Section Section this Charter 1830 12-12-78(Election) 1.01—10.05 2905 12-17-82 2-8-83 1 2.01 3825 12-20-84 2-12-85 1 2.01 2 2.03 3 2.07 4, 5 2.09, 2.10 6, 7 3.02, 3.03 8 4.01 9 4.03 10, 11 6.06, 6.07 12 6.09 13, 14 7.01, 7.02 15—17 8.03—8.05 4768 1-19-89 3-14-89 1 1.01, 1.02 2.01—2.03 2.05—2.10 3.01—3.03 4.01—4.05 5.01 6.03, 6.04 6.06—6.09 7.01, 7.02 8.01—8.05 Subpt. A, Art. IX 5153 12-19-91 3-10-92 1 8.04 5161 1-2-92 3-10-92 1 2.01 5691 9-15-94 11-8-94 1 2.01(d)(2) 2 2.01(d)(4) 3 2.01(d)(6) 4 2.01(d)(4) 5 2.03 5758-95 1-19-95 3-14-95 2 2.05 3, 4 2.07(b), (c) 5759-95 1-19-95 3-14-95 1 2.01(d)(7) 5760-95 1-19-95 3-14-95 1 6.05(d) 2 7.01(b)2. 5762-95 1-19-95 3-14-95 1 4.02 3 4.04(a) 5763-95 1-19-95 3-14-95 1 8.05(a) 2 8.06 6205-98 1-15-98 3-10-98 1 2.01(d)(4)(v) 6371-99 1-21-99 3-9-99 1 1.01,1.02 2.01—2.10 3.01—3.05 4.01—4.04 6.01—6.09 7.01, 7.02 8.01—8.06 Art. IX 10.01—10.05 6372-99 1-21-99 3-9-99 1 1.01 6373-99 1-21-99 3-9-99 1 2.01(d)(2) 2 2.01(d)(3) 6374-99 1-21-99 3-9-99 1 2.03 6375-99 1-21-99 3-9-99 1 2.07(f) 2 3.03(f) 3 4.02 4 6.09(a)(b) 5 8.02 7235-03 12-18-03 3-9-04 2 8.04 7237-03 12-18-03 3-9-04 1 2.01(d)(4), (5)(v), (ix) 7777-07 1-18-07 3-13-07 1 2.01(d)(6) 7901-07 11-15-07 1-29-08 1 2.01(d)(5)(i) 2 2.01(d)(7) 7902-07 11-15-07 1-29-08 1 2.03 7904-07 11-15-07 1-29-08 1 8.05(d) 7905-07 11-15-07 1-29-08 1 Art. IX 7991-08 8-7-08 11-4-08 1 8.05(d) 8298-11 12-1-11 1-31-12 1 2.01(c)3. 8418-13 6-19-13 11-5-13 2 Added 2.01(d)(8) 8808-15 12-3-15 3-15-16 1 2.01(d)(5)(ii), (vi), (vii) 8809-15 12-3-15 3-15-16 1 2.01(d)(6), (7) 9063-17 8-3-17 11-7-17 2 2.01(d)(6) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5558 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Office of Management & Budget Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve changes to the Penny for Pinellas IV project list, as approved for fiscal years 2019/20 - 2029/30, and provide an update on the Philadelphia Phillies agreement. (APH) SUMMARY: On June 7, 2018, Council approved a term sheet that documented the proposed improvements to Spectrum Field and the Carpenter Complex and funding needs from the State, County, and Team. This also authorized staff to submit a Tourist Development Council (TDC) Capital Project grant application to Pinellas County and apply for certification of retained spring training facility funding from the State of Florida Department of Economic Opportunity (DEO). On December 20, 2018, the City sent a formal request to the Pinellas County Board of County Commissioners seeking conceptual approval to begin negotiations for a Category E Tourist Development Plan Funding application to fund retained Spring Training facility improvements for Spectrum Field and Carpenter Complex. The City’s portion of funding for this agreement is $16 million to come from Penny for Pinellas funds. Included in the project list, approved in Exhibit A of Resolution 17-22, for the fourth cycle of Penny for Pinellas was $7.5 million planned for Spectrum/Carpenter Renovations as part of the Sports Fields and Facilities Upgrades/Improvements project. An additional $2.5 million will be allocated from that project, leaving the need to appropriate an additional $6 million from another source. The term sheet is contingent upon the city securing funding from all sources (County and State). The need for this increase of city funding is contingent upon the same. On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to Penny for Pinellas projects that meet this criterion: Sports Fields & Facilities Upgrades/Improvements - This project is currently funded with $14,500,000 of Penny for Pinellas funds, of which $10,000,000 is allocated for Spectrum/Carpenter. Final budget proposal for this plan necessitates an increase of $6,000,000 to bring the total Penny for Pinellas funding to $20,500,000 in this project, for a total of $16,000,000 for the City’s portion of funding for capital construction at Spectrum/Carpenter. Sand Key Bridge Replacement Fund - A reduction is proposed to this project of $6,000,000 to allocate funding to the Sports Fields and Facilities Upgrades/Improvements project for capital construction at Spectrum Field and the Carpenter Complex. Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#19-5558 Page 2 City of Clearwater Printed on 1/17/2019 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, January 17, 2019 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, Clearwater Main Library, 100 North Osceola Avenue, Clearwater, Florida, regarding the use of Penny for Pinellas funding for the following projects: The following currently approved projects reflect a change in funding level: Sports Fields & Facilities Upgrades/Improvements – This project provides for renovations and improvements to athletic facilities in Clearwater to accommodate sports tourism. This includes Spectrum Field and the Carpenter Complex which have major improvements planned as part of a new 20 – year agreement with the Philadelphia Phillies. Improvements to Spectrum Field include: climate-controlled club level; climate-controlled connection of third floor; repair and replacement of capital items identified in engineering report; west entrance elevator/handicapped entrance; and renovation and expansion of office space, fitness/training space, left field concourse/restrooms, and food service and dining area. Improvements to Carpenter Complex include: renovation and expansion of existing player clubhouse, office space and development staff space; player education and accommodation facility, maintenance facility; and increased field and practice areas. This project is currently funded with $14,500,000 of Penny for Pinellas funds, of which $10,000,000 is allocated for Spectrum/Carpenter. Final budget proposal for this plan necessitates an increase of $6,000,000 to bring the total Penny for Pinellas funding to $20,500,000 in this project, for a total of $16,000,000 for the City’s portion of funding for capital construction at Spectrum/Carpenter. Sand Key Bridge Replacement Fund – A reduction is proposed to this project of $6,000,000 to allocate funding to the Sports Fields and Facilities Upgrades/Improvements project for capital construction at Spectrum Field and the Carpenter Complex. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Rosemarie Call, CMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. Penny for Pinellas - Proposed Funding for Penny IV Penny IV Total Penny IV Proposed Proposed Amended Projects Changes Projects Utilities Infrastructure 20,000,000 20,000,000 Sports Fields & Facilities Upgrades/Improvements 14,500,000 6,000,000 20,500,000 Waterfront/Bluff Masterplan 8,000,000 8,000,000 Fire Engines/Ladder Trucks 8,560,000 8,560,000 Police Vehicles 1,750,000 1,750,000 Public Safety Vehicle/Equipment Facility 1,500,000 1,500,000 Police District III (Countryside Sub Station)6,000,000 6,000,000 Neighborhood and Community Parks Renovations 3,500,000 3,500,000 Bicycle Paths & Recreation Trails 2,500,000 2,500,000 Environmental Park Upgrades 1,500,000 1,500,000 Beach Marina Upgrades 15,000,000 15,000,000 Public Works Complex 12,300,000 12,300,000 City Hall 6,300,000 6,300,000 Downtown Parking Garage 10,500,000 10,500,000 Sand Key Bridge Replacement Fund 28,000,000 (6,000,000) 22,000,000 Total Proposed Penny IV Projects 139,910,000 139,910,000 139,910,000 - 139,910,000 Replacement/Upgrade of Current Infrastructure Public Safety Infrastructure/Equipment New Infrastructure Fiscal Years 2019/20 - 2029/30 Planned Project Expenditures Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5527 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Declare surplus for the purpose of sale, through Invitation to Bid 22-19, property located at 912 Nicholson Street, Lot 7, Block 2, Pine Crest Subdivision, as recorded in Plat Book 1, Page 66 of the Public Records of Pinellas County, Florida, together with the South half of that certain vacated alley adjacent to the North, as recorded in Ordinance 6016-96, O.R. Book 9352, Page 294 of the Public Records of Pinellas County, Florida. (APH) SUMMARY: In October 2006, the City of Clearwater acquired the subject lot via a property exchange with Clearwater Neighborhood Housing Services. It was determined that an abandoned 36-in. storm water pipe runs under ground level through a portion of the property and is no longer in use. The storm water pipe has been capped at points above and below the lot per storm water construction plans. The successful bidder will need to perform their own due diligence to determine suitability of the property for building construction. The lot will be sold “as is.” An independent appraisal was performed on the property on December 3, 2018 by Jim Millspaugh and Associates. The appraisal report determined that the fair market value of the lot is $26,000.00. Per City Charter section 2.01(d)(5), real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. All city departments have reviewed and support declaring the property surplus. Page 1 City of Clearwater Printed on 1/17/2019 VINE AVE SEMINOLE ST PALMETTO ST PENNSYLVANIA AVE NICHOLSON ST METTO ST METTO ST 712914904 711 905909915905906 912803 811 908911907 711903909 909912906915907918902 906 710 901 913916904 912807910901906908 910803 907913906905808809 802 804911 805 904911800907903904900807902 806 909 920908 908917905913805 905 807 9009081006 1008 10151000 10071006 1007 1003 100210041002 10021006708 902709 710 709904 1004Location 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.278A 10-29s-15e10/12/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Surplus Property 912 Nicholson StParcel Number:10-29-15-33552-004-0660 Document Path: V:\GIS\Engineering\Location Maps\912 Nicholson St.mxd RB Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9210-19 2nd rdg Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the vacation of a portion of a gas line easement as described in Official Records Book 6366, Page 1043, Official Records of Pinellas County, Florida and pass Ordinance 9210-19 on second reading. (VAC2019-01) SUMMARY: After the December 6, 2018 council meeting, staff identified errors in the title block of Ordinance 9210-19 and legal description after being passed on first reading. Staff has provided a motion to amend to revise the title block and corresponding Exhibit “A” of Ordinance 9210-19. The City Council previously found that said easement 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. Ordinance 9210-19 will be presented for adoption on third reading. Page 1 City of Clearwater Printed on 1/17/2019 [RE15-1313-080/228143/1] MOTION TO AMEND ORDINANCE NO. 9210-19 ON SECOND READING Amend the title of the ordinance to read as follows: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A CERTAIN 5’ GAS LINE EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 6366, PAGE 1043, OFFICIAL RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. . Amend Exhibit “A” revise Line 16 of the Line Table as follows: L16 S 89° 11’ 39” W 5.00’ _____________________________ Pamela K. Akin City Attorney L2L1 L3 L4L5L6L7MISSOURI AVENUE(R/W WIDTH VARIES)JEFFORDS STREET (60' R/W PER PLAT) POINT OF COMMENCEMENT NORTHWEST CORNER OF THE NE 1 4 OF SECTION 22-19-15 F.E Hanousek's SubPlat Book 1, Page 41Lot 12North Line Northeast 14 Section 22-29-15 West Line Northeast 14 Section 22-29-155' Gas Easement OR 6366-1043 MISSOURI AVENUEL8L9L11L12L13 L14 L15L17L16 L10 POINT OF BEGINNINGF.E Hanousek's SubPlat Book 1, Page 41Lot 125' Gas Easement OR 6366-1043 MISSOURI AVENUE(R/W WIDTH VARIES)Vacating a portion of a 5' Gas easement described as follows: Commence at the Northwest corner of the NE 14 of Section 22, Township 29 S, Range 15 E; thence S 00° 19' 18" E, along the West line of the Northeast 14 of Section 22, Township 29 S, Range 15 E, a distance of 30.01'; thence S 89° 08' 38" E, a distance of 56.01'; thence S 89° 06' 39" E, a distance of 36.09'; thence S 00° 52' 54" W, a distance of 15.38'; thence S 00° 47' 36" W, a distance of 77.86'; thence S 00° 48' 28" W, a distance of 91.23'; thence S 00° 31' 51" E, a distance of 49.71'; thence S 00° 05' 27" E, a distance of 133.97'; thence S 00° 24' 34" E, a distance of 37.66'; thence S 01° 44' 21" W, a distance of 11.87'; thence S 01° 02' 31" W, a distance of 32.00'; thence S 01° 11' 31" W, a distance of 48.87'; thence S 89° 11' 39" E, a distance of 30.25' to a Point of Beginning; thence S 89° 11' 39" E, a distance of 5.00'; thence S 00° 48' 21" E, a distance of 80.00'; thence S 89° 11' 39" W, a distance of 5.00'; thence N 00° 48' 21" W, a distance of 80.14' to the Point of Beginning. L2 L3 Line #Bearing S 89° 08' 38" E S 89° 06' 39" E Distance 56.01' 36.09' L1 S 00° 19' 18" E 30.01' Line Table L5 L6 S 00° 47' 36" W S 00° 48' 28" W 77.86' 91.23' L4 S 00° 52' 54" W 15.38' L8 L9 S 00° 05' 27" E S 00° 24' 34" E 133.97' 37.66' L7 S 00° 31' 51" E 49.71' L11 L12 S 01° 02' 31" W S 01° 11' 31" W 32.00' 48.87' L10 S 01° 44' 21" W 11.87' L13 L14 S 89° 11' 39" E 30.25' 5.00' L16 L17 S 89° 11' 39" W 5.00' 80.14 L15 S 00° 48' 21" E 80.00' N 00° 48' 21" W S 89° 11' 39" E CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "A" Vacation for a Portion of a 5' Gas Easement at 1285 Missouri AvenueLee Cheek 12/7/18 Lgl_2018-16 1 1 22 29 S 15 E Legal Description S MISSOURI AVE JEFFORDS ST AERIAL MAP 5' Gas Line Easement to Vacate ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD RB N.T.S.306B 22-29s-15e10/26/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 1285 S Missouri Ave Document Path: V:\GIS\Engineering\Location Maps\1285 S Missouri Ave.mxd RE15-1313-080/228164/1 1 Ord. No. 9210-19 ORDINANCE NO. 9210-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A CERTAIN 5’ GAS LINE EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 6366, PAGE 1043, OFFICIAL RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” attached hereto and incorporated herein, has requested that the City vacate said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement is 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; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. RE15-1313-080/228164/1 2 Ord. No. 9210-19 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 L2L1 L3 L4L5L6L7MISSOURI AVENUE(R/W WIDTH VARIES)JEFFORDS STREET (60' R/W PER PLAT) POINT OF COMMENCEMENT NORTHWEST CORNER OF THE NE 1 4 OF SECTION 22-19-15 F.E Hanousek's SubPlat Book 1, Page 41Lot 12North Line Northeast 14 Section 22-29-15 West Line Northeast 14 Section 22-29-155' Gas Easement OR 6366-1043 MISSOURI AVENUEL8L9L11L12L13 L14 L15L17L16 L10 POINT OF BEGINNINGF.E Hanousek's SubPlat Book 1, Page 41Lot 125' Gas Easement OR 6366-1043 MISSOURI AVENUE(R/W WIDTH VARIES)Vacating a portion of a 5' Gas easement described as follows: Commence at the Northwest corner of the NE 14 of Section 22, Township 29 S, Range 15 E; thence S 00° 19' 18" E, along the West line of the Northeast 1 4 of Section 22, Township 29 S, Range 15 E , a distance of 30.01'; thence S 89° 08' 38" E, a distance of 56.01'; thence S 89° 06' 39" E, a distance of 36.09'; thence S 00° 52' 54" W, a distance of 15.38'; thence S 00° 47' 36" W, a distance of 77.86'; thence S 00° 48' 28" W, a distance of 91.23'; thence S 00° 31' 51" E, a distance of 49.71'; thence S 00° 05' 27" E, a distance of 133.97'; thence S 00° 24' 34" E, a distance of 37.66'; thence S 01° 44' 21" W, a distance of 11.87'; thence S 01° 02' 31" W, a distance of 32.00'; thence S 01° 11' 31" W, a distance of 48.87'; thence S 89° 11' 39" E, a distance of 30.25' to a Point of Beginning; thence S 89° 11' 39" E, a distance of 5.00'; thence S 00° 48' 21" E, a distance of 80.00'; thence S 89° 11' 39" W, a distance of 5.00'; thence N 00° 48' 21" W, a distance of 80.14' to the Point of Beginning. L2 L3 Line #Bearing S 89° 08' 38" E S 89° 06' 39" E Distance 56.01' 36.09' L1 S 00° 19' 18" E 30.01' Line Table L5 L6 S 00° 47' 36" W S 00° 48' 28" W 77.86' 91.23' L4 S 00° 52' 54" W 15.38' L8 L9 S 00° 05' 27" E S 00° 24' 34" E 133.97' 37.66' L7 S 00° 31' 51" E 49.71' L11 L12 S 01° 02' 31" W S 01° 11' 31" W 32.00' 48.87' L10 S 01° 44' 21" W 11.87' L13 L14 S 89° 11' 39" E 30.25' 5.00' L16 L17 S 89° 11' 49" W 5.00' 80.14 L15 S 00° 48' 21" E 80.00' N 00° 48' 21" W S 89° 11' 39" E 39" CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "A" Vacation for a Portion of a 5' Gas Easement at 1285 Missouri AvenueLee Cheek 12/7/18 Lgl_2018-16 1 1 22 Legal Description 29 S 15 E Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9226-19 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed as 1911 N Old Coachman Road (Property) to vacate a 3-foot Utility Easement and a portion of a 10-foot utility easement and pass Ordinance 9226-19 on first reading. (VAC2019-02) SUMMARY: The property owner has requested that the City vacate a 3-foot Utility Easement and a portion of a 10-foot Utility Easement, both located on the Property, as the owner moves forward with developing this site for commercial use. There are no utilities present within either easement. All appropriate city departments have reviewed this request and have no objection to this vacation. Page 1 City of Clearwater Printed on 1/17/2019 [RE15-1313-080/227938/1]1 Ord. No. 9226-19 ORDINANCE NO. 9226-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A 3 FOOT WIDE UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 4361, PAGE 1985 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND A PORTION OF A 10 FOOT WIDE UTILITY EASEMENT AS RECORDED AT PLAT BOOK 39, PAGE 67, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibits “A” and “B” attached hereto, has requested that the City vacate said easements; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easements 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; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The easements described as follows: See Exhibits “A” and “B” are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. [RE15-1313-080/227938/1]2 Ord. No. 9226-19 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk SUNSET POINT RD ATLANTIS DR 1918 1914 1923 23081919 230023041911 N OLD COACHMAN RDAerial Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: Sunset Point Rd/ N Old Coachman RdEasement Vacation Document Path: V:\GIS\Engineering\Location Maps\Sunset Point Rd_ N Old Coachman Rd Easment Vac.mxd WDMap Gen By:12/4/2018Date:254AGrid #:6-29s-16eS-T-R:RBReviewed By: Proposed Vacation 3' Utility Easement Proposed Vacation 10' Utility Easement Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9227-19 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed as 2517 Deer Run East to vacate a 2-ft. by 60-ft. portion of a platted Drainage and/or Utility Easement lying in Lot 16, Block I, Northwood Estates-Tract F, as recorded in Plat Book 77, Pages 46-47 of the Public Records of Pinellas County, Florida, and pass Ordinance 9227-19 on first reading. (VAC2019-03) SUMMARY: The property owner at 2517 Deer Run East has requested that the City vacate the west 2 feet of a platted Drainage and/or Utility Easement along the east side (rear) of their property. The purpose of this vacation will be to allow construction of a pool and a pool deck. There are no utilities present within this easement. All city departments have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 1/17/2019 [RE15-1313-080/228145/1]1 Ord. No. 9227-19 ORDINANCE NO. 9227-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A PLATTED DRAINAGE AND/OR UTILITY EASEMENT LYING IN LOT 16, BLOCK “I”, NORTHWOOD ESTATES-TRACT F, AS RECORDED IN PLAT BOOK 77, PAGES 46-47, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate a portion said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement is 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; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [RE15-1313-080/228145/1]2 Ord. No. 9227-19 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 2.5' Vacation Easement O.R 9637-2199 Northwood Estates - Tract "F" Block I Plat Book 77, Page 46-47 2' Proposed Easement Vacation Drainage and/or Utility Easement (per plat)LANDMARK DRIVE(100' R/W PER PLAT)DEER RUN EAST(60' R/W PER PLAT)10' Drainage and/or Utility Easement (per plat) 5' 60' 105' North 65' A Proposed Easement Vacation described as follows: The West 2' of the South 60' of the North 65' of the Platted Drainage and/or Utility Easement lying in Lot 16, Block "I" of Northwood Estates-Tract F, as recorded in Plat Book 77, Page 46-47, 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 "A" Propsed Easement Vaction 2517 Deer Run EastJeremy Shaw 12/13/18 Lgl_2018-19 1 1 29 28S 16E Legal Description ØØ Ø Ø ØØØ" " " " "J 2511 2523 2530 2517 2529 DEER RUN ESWEETGUM WAY S Aerial Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: 2517 Deer Run East Document Path: V:\GIS\Engineering\Location Maps\2517DeerRunE.mxd WDMap Gen By:11/7/2018Date:222BGrid #:29-28s-16eS-T-R:LANDMARK DR Vacated O.R.9637-2199 2.5' Drainage/Utility Easement Proposed Vacation 2.0' Drainage/Utility Easement Drainage/Utility EasementDrainage/Utility Easement RBReviewed By:60'60' Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5601 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.6 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 3040 and 3076 Hoyt Avenue and pass Ordinances 9211-19, 9212-19, and 9213-19 on first reading. (ANX2018-10019) SUMMARY: These voluntary annexation petitions involve 0.370 acres of property consisting of two parcels of land occupied by single family homes. The parcels are located generally north of Drew Street, south of SR 590, and within ¼ mile west of McMullen Booth Road. The applicants are requesting annexation in order to receive sanitary sewer service from the City as part of the Kapok Terrace Sanitary Sewer Extension Project. The properties are located within an enclave and are contiguous to existing city limits along at least one boundary. It is proposed that the properties 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 annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants have paid the required sewer impact fee in full and have been connected to the city’s sewer system. The properties are 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 these properties by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote 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 1/17/2019 File Number: ID#19-5601 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 all properties 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 all properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing city limits along at least one boundary; therefore, the annexations are 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 1/17/2019 Ordinance No. 9211-19 ORDINANCE NO. 9211-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD WHOSE POST OFFICE ADDRESSES ARE 3040 AND 3076 HOYT AVENUE, ALL IN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions. (ANX2018-10019) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9211-19 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 ANX2018‐10019 ======================================================================================== No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45144-009-0110 Lot 11, Block I 3040 Hoyt Avenue 2. 09-29-16-45144-009-0170 Lot 17, Block I 3076 Hoyt Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION Owner(s): David A. Kloczkowski Ha T. Mai & Thai Mai Case: ANX2018-10019 Site: 3040 Hoyt Avenue 3076 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.370 Land Use Zoning PIN: 09-29-16-45144-009-0110 09-29-16-45144-009-0170 From : Residential Low (RL) R-4, One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45144 05311 B A J I 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 23456789 1 2 1516 17 18 3132 A B C 1 34/02 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD WOLFE RD THOMAS RD SAN MATEO ST 601 511 505 421 701 409 607 707 5013077305930773052307030703041307130413070304130473046 31083052307630653047304030463030305330403058306530643053305230473071306431023076305930593058305330353100305830773035306430713065510 00 602 08 3107303130463076310431093040-Not to Scale--Not a Survey-Rev. 10/16/2018 Ordinance No. 9212-19 ORDINANCE NO. 9212-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3040 AND 3076 HOYT AVENUE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions; Residential Low (RL) (ANX2018-10019) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9211-19. Ordinance No. 9212-19 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 ANX2018‐10019 ======================================================================================== No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45144-009-0110 Lot 11, Block I 3040 Hoyt Avenue 2. 09-29-16-45144-009-0170 Lot 17, Block I 3076 Hoyt Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): David A. Kloczkowski Ha T. Mai & Thai Mai Case: ANX2018-10019 Site: 3040 Hoyt Avenue 3076 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.370 Land Use Zoning PIN: 09-29-16-45144-009-0110 09-29-16-45144-009-0170 From : Residential Low (RL) R-4, One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45144 05311 B A J I 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 23456789 1 2 1516 17 18 3132 A B C 1 34/02 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD WOLFE RD THOMAS RD SAN MATEO ST RL RL RL RL R/OS RU RU RU RU R/OS RL RL RL RL 601 511 505 421 701 607 707 30773059307730523070307030413071307030413047304631083052307630653047304030463030305330403058306530643053305230473071306431023076305930593058305330353100305830773035306430713065510 00 602 409 501 08 31073041303130463076310431093040-Not to Scale--Not a Survey-Rev. 10/16/2018 Ordinance No. 9213-19 ORDINANCE NO. 9213-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3040 AND 3076 HOYT AVENUE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9211-19. Property Zoning District See attached Exhibit A for legal descriptions; Low Medium Density Residential (LMDR) (ANX2018-10019) Ordinance No. 9213-19 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 ANX2018‐10019 ======================================================================================== No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45144-009-0110 Lot 11, Block I 3040 Hoyt Avenue 2. 09-29-16-45144-009-0170 Lot 17, Block I 3076 Hoyt Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ZONING MAP Owner(s): David A. Kloczkowski Ha T. Mai & Thai Mai Case: ANX2018-10019 Site: 3040 Hoyt Avenue 3076 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.370 Land Use Zoning PIN: 09-29-16-45144-009-0110 09-29-16-45144-009-0170 From : Residential Low (RL) R-4, One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45144 05311 B A J I 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 23456789 1 2 1516 17 18 3132 A B C 1 34/02 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD WOLFE RD THOMAS RD SAN MATEO ST LMDR OS/R 511510 505 421 602 701 409 607 707 5013077305930773052 3107307030703041307130413070304130473046310830523076304630653047304030463030305330583065306430533052304730713064310431023076305930593058305330353100305830773035306430713065601600 708 30313076304031093040-Not to Scale--Not a Survey-Rev. 10/16/2018 LOCATION MAP Owner(s): David A. Kloczkowski Ha T. Mai & Thai Mai Case: ANX2018-10019 Site: 3040 Hoyt Avenue 3076 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.370 Land Use Zoning PIN: 09-29-16-45144-009-0110 09-29-16-45144-009-0170 From : Residential Low (RL) R-4, One, Two, Three 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 CHAMBLEE LN BORDEAUX LN WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD SAN MATEO ST TERRACE VIEW LN SAN BERNADINO ST ^-Not to Scale--Not a Survey-^ Rev. 10/16/2018 AERIAL PHOTOGRAPH Owner(s): David A. Kloczkowski Ha T. Mai & Thai Mai Case: ANX2018-10019 Site: 3040 Hoyt Avenue 3076 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.370 Land Use Zoning PIN: 09-29-16-45144-009-0110 09-29-16-45144-009-0170 From : Residential Low (RL) R-4, One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE HOYT AVE HOYT AVE MERRILL AVE MERRILL AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD WOLFE RD WOLFE RD THOMAS RD THOMAS RD SAN MATEO ST SAN MATEO ST -Not to Scale--Not a Survey-Rev. 10/16/2018 EXISTING SURROUNDING USES MAP Owner(s): David A. Kloczkowski Ha T. Mai & Thai Mai Case: ANX2018-10019 Site: 3040 Hoyt Avenue 3076 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.370 Land Use Zoning PIN: 09-29-16-45144-009-0110 09-29-16-45144-009-0170 From : Residential Low (RL) R-4, One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45144 05311 B A J I 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 23456789 1 2 1516 17 18 3132 A B C 1 34/02 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD WOLFE RD THOMAS RD SAN MATEO ST 601 511 505 421 701 409 607 707 5013077305930773052307030703041307130413070304130473046 31083052307630653047304030463030305330403058306530643053305230473071306431023076305930593058305330353100305830773035306430713065510 00 602 08 3107303130463076310431093040-Not to Scale--Not a Survey-Rev. 10/16/2018 Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2018-10019 David A. Kloczkowski 3040 Hoyt Avenue View looking north at subject property, 3040 Hoyt Avenue. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue ANX2018-10019 Ha T. & Thai Mai 3076 Hoyt Avenue View looking north at subject property, 3064 Hoyt Avenue. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5602 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.7 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 2655 Morningside Drive and 1836 Marilyn Drive and pass Ordinances 9214-19, 9215-19, and 9216-19 on first reading. (ANX2018-10020) SUMMARY: These voluntary annexation petitions involve 0.381 acres of property consisting of two parcels of land occupied by single family homes. The parcels are located generally north of SR 590, west of North McMullen Booth Road, east of US Highway 19, and south of Sunset Point Road. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property at 1836 Marilyn Drive is contiguous to existing City limits to the north, south and east. The property at 2655 Morningside Drive is not contiguous to existing city boundaries; however, it is located in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the properties 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 annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from Pinellas County. The closest sanitary sewer lines are located in the adjacent Morningside Drive and Marilyn Drive rights-of-way, respectively. The applicants are aware that all sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend City sewer service to these properties. Collection of solid waste will be provided to the properties by the City. The properties are 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 these properties by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The properties will continue to receive water service from Pinellas County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#19-5602 ·The proposed annexations are consistent with and promote 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. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Policy A.7.2.4 Allow voluntary annexations for noncontiguous properties that are within an enclave as defined by Section 171.031(13)(a), Florida Statutes (“Type A” enclaves) and as authorized by the 2014 Interlocal Service Boundary Agreement (ISBA) between Pinellas County and municipalities, including the City of Clearwater. ·The proposed Residential Low (RL) Future Land Use Map category to be assigned to both properties 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 both properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation at 1836 Marilyn Drive is contiguous to existing city limits to the north, south and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. The property proposed for annexation at 2655 Morningside Drive is not contiguous to city boundaries but is located in a Type A Enclave; therefore, the annexation is consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 1/17/2019 Ordinance No. 9214-19 ORDINANCE NO. 9214-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SR 590, WEST OF NORTH MCMULLEN BOOTH ROAD, EAST OF US HIGHWAY 19, AND SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESSES ARE 1836 MARILYN DRIVE AND 2655 MORNINGSIDE DRIVE, ALL IN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the Interlocal Service Boundary Agreement authorized by Section 171.204, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions. (ANX2018-10020) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9214-19 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 ANX2018-10020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-13536-001-0190 Lot 19, Block A 2655 Morningside Drive The above in CARLTON TERRACE, as recorded in PLAT BOOK 41, PAGE 16, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-13554-007-0150 Lot 15, Block G 1836 Marilyn Drive The above in CARLTON TERRACE 1ST ADDITION, as recorded in PLAT BOOK 43, PAGE 39, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION Owner(s): Protected Owner Patricia M. Freund & William H. Gould Case: ANX2018-10020 Site: 2655 Morningside Drive 1836 Marilyn Drive Property Size(Acres): ROW (Acres): 0.381 Land Use Zoning PIN: 05-29-16-13536-001-0190 05-29-16-13554-007-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 13554 C D E E G H A 3 17 18 19 20 21 22 23 24 25 26 27 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 1 2 1 2345 6 7 8 17 18 11516 WOODRING DR OWEN DR MORNINGSIDE DR AUDREY DR MARILYN DR CARDINAL DR N TERRACE DR EVANS DR 1800 1825 1837 271526842710265027151817 267226721843 2671268926492683271426661837 1831 26782648271026541807 1830 266526592665272027012675264526771831 1807 1800 1807 1785 1815 270727002701271926551813 1812 1824 1819 1836 1818 1807 18311830 1806 1813 1843 1812 1830 1830 1831 1836 1837 1812 1825 1837 1824 1800 1768 1818 27091836 1806 1825 1819 1812 1824 26601818 1813 18181821 1836 1806 1825 26431806 1764 1824 -Not to Scale--Not a Survey-Rev. 11/7/2018 Ordinance No. 9215-19 ORDINANCE NO. 9215-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SR 590, WEST OF NORTH MCMULLEN BOOTH ROAD, EAST OF US HIGHWAY 19, AND SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESSES ARE 1836 MARILYN DRIVE AND 2655 MORNINGSIDE DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions; Residential Low (RL) (ANX2018-10020) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9214-19. Ordinance No. 9215-19 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 ANX2018-10020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-13536-001-0190 Lot 19, Block A 2655 Morningside Drive The above in CARLTON TERRACE, as recorded in PLAT BOOK 41, PAGE 16, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-13554-007-0150 Lot 15, Block G 1836 Marilyn Drive The above in CARLTON TERRACE 1ST ADDITION, as recorded in PLAT BOOK 43, PAGE 39, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): Protected Owner Patricia M. Freund & William H. Gould Case: ANX2018-10020 Site: 2655 Morningside Drive 1836 Marilyn Drive Property Size(Acres): ROW (Acres): 0.381 Land Use Zoning PIN: 05-29-16-13536-001-0190 05-29-16-13554-007-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 13554 C D E E G H A 3 17 18 19 20 21 22 23 24 25 26 27 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 1 2 1 2345 6 7 8 17 18 11516 WOODRING DR OWEN DR MORNINGSIDE DR AUDREY DR MARILYN DR CARDINAL DR N TERRACE DR EVANS DR RL RL RL RL RL RL RL RLRLP P RL RU RL 1800 1825 1837 271526842710265027151817 267226721843 267126892649268326661837 1831 26782648271026541807 1830 266526592665272027012675264526771831 1807 1800 1807 1785 1815 27072700270126551813 1812 1824 1819 1836 1818 1807 18311830 1806 1813 1843 1812 1830 1830 1831 1836 1837 1812 1825 27141837 1824 1800 1768 1818 27091836 1806 1825 1819 1812 1824 26601818 1813 18181821 1836 1806 1825 26431806 1764 27191824 -Not to Scale--Not a Survey-Rev. 11/7/2018 Ordinance No. 9216-19 ORDINANCE NO. 9216 -19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SR 590, WEST OF NORTH MCMULLEN BOOTH ROAD, EAST OF US HIGHWAY 19, AND SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESSES ARE 1836 MARILYN DRIVE AND 2655 MORNINGSIDE DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9214-19. Property Zoning District See attached Exhibit A for legal descriptions; Low Medium Density Residential (LMDR) (ANX2018-10020) Ordinance No. 9216-19 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 ANX2018-10020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-13536-001-0190 Lot 19, Block A 2655 Morningside Drive The above in CARLTON TERRACE, as recorded in PLAT BOOK 41, PAGE 16, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-13554-007-0150 Lot 15, Block G 1836 Marilyn Drive The above in CARLTON TERRACE 1ST ADDITION, as recorded in PLAT BOOK 43, PAGE 39, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ZONING MAP Owner(s): Protected Owner Patricia M. Freund & William H. Gould Case: ANX2018-10020 Site: 2655 Morningside Drive 1836 Marilyn Drive Property Size(Acres): ROW (Acres): 0.381 Land Use Zoning PIN: 05-29-16-13536-001-0190 05-29-16-13554-007-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 13554 C D E E G H A 3 17 18 19 20 21 22 23 24 25 26 27 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 1 2 3 1 2345 6 7 8 17 18 11516 LMDR LMDR LMDR WOODRING DR OWEN DR MORNINGSIDE DR AUDREY DR MARILYN DR CARDINAL DR N TERRACE DR EVANS DR 1800 1825 1837 1836 1831 271526841813 271026501843 27151817 1830 267226721843 1836 267126892649268327141837 26661837 1831 26781800 26482710265418061807 1819 26651812 265918242665 2660272027011813 18181821 1836 2675264526771831 1807 1825 1807 1785 1764 1815 270727002701271926551813 1812 1824 1819 1818 1807 1830 1806 1812 1830 1831 1837 1812 1825 1824 1768 1818 27091836 1825 1830 1818 1806 1800 26431806 1824 -Not to Scale--Not a Survey-Rev. 11/7/2018 LOCATION MAP Owner(s): Protected Owner Patricia M. Freund & William H. Gould Case: ANX2018-10020 Site: 2655 Morningside Drive 1836 Marilyn Drive Property Size(Acres): ROW (Acres): 0.381 Land Use Zoning PIN: 05-29-16-13536-001-0190 05-29-16-13554-007-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDMORNINGSIDE DR WOODRING DR DIANE DR EVANS DR N TERRACE DR OWEN DR LUCAS DR GROVE DR CARLTON DR AUDREY DR THOMAS DR CARDINAL DR SKYLAND DR MARILYN DR DIANE TER N TERRACE DR HARBOR CIR AUDREY DR OWEN DR CARDINAL DR AUDREY DR ^-Not to Scale--Not a Survey-^ Rev. 10/17/2018 AERIAL PHOTOGRAPH Owner(s): Protected Owner Patricia M. Freund & William H. Gould Case: ANX2018-10020 Site: 2655 Morningside Drive 1836 Marilyn Drive Property Size(Acres): ROW (Acres): 0.381 Land Use Zoning PIN: 05-29-16-13536-001-0190 05-29-16-13554-007-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) WOODRING DR WOODRING DR OWEN DR OWEN DR MORNINGSIDE DR MORNINGSIDE DR AUDREY DR AUDREY DR MARILYN DR MARILYN DR CARDINAL DR CARDINAL DR N TERRACE DR N TERRACE DR EVANS DR EVANS DR -Not to Scale--Not a Survey-Rev. 10/17/2018 EXISTING SURROUNDING USES MAP Owner(s): Protected Owner Patricia M. Freund & William H. Gould Case: ANX2018-10020 Site: 2655 Morningside Drive 1836 Marilyn Drive Property Size(Acres): ROW (Acres): 0.381 Land Use Zoning PIN: 05-29-16-13536-001-0190 05-29-16-13554-007-0150 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 13554 C D E E G H A 3 17 18 19 20 21 22 23 24 25 26 27 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 1 2 1 2345 6 7 8 17 18 11516 WOODRING DR OWEN DR MORNINGSIDE DR AUDREY DR MARILYN DR CARDINAL DR N TERRACE DR EVANS DR 1800 1825 1837 271526842710265027151817 267226721843 2671268926492683271426661837 1831 26782648271026541807 1830 266526592665272027012675264526771831 1807 1800 1807 1785 1815 270727002701271926551813 1812 1824 1819 1836 1818 1807 18311830 1806 1813 1843 1812 1830 1830 1831 1836 1837 1812 1825 1837 1824 1800 1768 1818 27091836 1806 1825 1819 1812 1824 26601818 1813 18181821 1836 1806 1825 26431806 1764 1824 -Not to Scale--Not a Survey-Rev. 11/7/2018 Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2018-10020 Patricia M. Freund & William H. Gould 1836 Marilyn Drive View looking west at subject property, 1836 Marilyn Drive. South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along Marilyn Drive View looking southerly along Marilyn Drive ANX2018-10020 Protected Owners 2655 Morningside Drive View looking south at subject property, 2655 Morningside Drive. West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Morningside Drive View looking westerly along Morningside Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5603 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.8 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 2720 Daniel Street and pass ordinances 9218-19, 9219-19, and 9220-19 on first reading. (ANX2018-11021) SUMMARY: This voluntary annexation petition involves 0.179 acres of property consisting of one parcel of land occupied by a single-family home. The parcel is located on the west side of Daniel Street approximately 210 feet southwest of Charles Avenue. 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 limits to the west. 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 Daniel Street right-of-way. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend City sewer service to this 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 #50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property 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 1/17/2019 File Number: ID#19-5603 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 Countywide Plan designation. 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 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; 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 1/17/2019 Ordinance No. 9218-19 ORDINANCE NO. 9218-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DANIEL STREET APPROXIMATELY 210 FEET SOUTHWEST OF CHARLES AVENUE WHOSE POST OFFICE ADDRESS IS 2720 DANIEL STREET, CLEARWATER, FLORIDA 33761, 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 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 13, Block 1, ACKER’S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 30, Page 91, Public Records of Pinellas County, Florida. (ANX2018-11021) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9218-19 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 PROPOSED ANNEXATION Owner(s): Florida Dahlia LLC Case: ANX2018-11021 Site: 2720 Daniel Street Property Size(Acres): ROW (Acres): 0.179 Land Use Zoning PIN: 28-28-16-00036-001-0130 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 SR 580 DANIEL ST CHARLES AVE N McMULLEN BOOTH RD ALLEN AVE 307030602733271927272763276127352745275327372758 2754 30902760273430002730273627292715 305027892750274527302720275927232755-Not to Scale--Not a Survey-Rev. 11/14/2018 Ordinance No. 9219-19 ORDINANCE NO. 9219-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DANIEL STREET APPROXIMATELY 210 FEET SOUTHWEST OF CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 2720 DANIEL STREET, CLEARWATER, FLORIDA 33761, 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 Lot 13, Block 1, ACKER’S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 30, Page 91, Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2018-11021) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9218-19. Ordinance No. 9219-19 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 PROPOSED FUTURE LAND USE MAP Owner(s): Florida Dahlia LLC Case: ANX2018-11021 Site: 2720 Daniel Street Property Size(Acres): ROW (Acres): 0.179 Land Use Zoning PIN: 28-28-16-00036-001-0130 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 I CG RH RU R/OG R/OG RU RU R/OG RU R/OGSR 580 DANIEL ST CHARLES AVE N McMULLEN BOOTH RD ALLEN AVE 307030602733271927272763276127352745275327372758 2754 3090276030002730273627292715 3050278927502745273027202759272327552734-Not to Scale--Not a Survey-Rev. 11/15/2018 Ordinance No. 9220-19 ORDINANCE NO. 9220-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DANIEL STREET APPROXIMATELY 210 FEET SOUTHWEST OF CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 2720 DANIEL STREET, CLEARWATER, FLORIDA 33761, 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. 9218-19. Property Zoning District Lot 13, Block 1, ACKER’S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 30, Page 91, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2018-11021) Ordinance No. 9220-19 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 PROPOSED ZONING MAP Owner(s): Florida Dahlia LLC Case: ANX2018-11021 Site: 2720 Daniel Street Property Size(Acres): ROW (Acres): 0.179 Land Use Zoning PIN: 28-28-16-00036-001-0130 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 SR 580 DANIEL ST CHARLES AVE N McMULLEN BOOTH RD ALLEN AVE I O O C O MHDR O 30703060273327272763276127352745275327372758 2754 30902760273430002730273627292715LMDR LMDR 3050278927192750274527302720275927232755-Not to Scale--Not a Survey-Rev. 11/14/2018 LOCATION MAP Owner(s): Florida Dahlia LLC Case: ANX2018-11021 Site: 2720 Daniel Street Property Size(Acres): ROW (Acres): 0.179 Land Use Zoning PIN: 28-28-16-00036-001-0130 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SR 580 DANIEL ST N McMULLEN BOOTH RD CHARLES AVE ALLEN AVE BURNTFORK DR CASCADE DR KENILWICK DR S^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/14/2018 AERIAL PHOTOGRAPH Owner(s): Florida Dahlia LLC Case: ANX2018-11021 Site: 2720 Daniel Street Property Size(Acres): ROW (Acres): 0.179 Land Use Zoning PIN: 28-28-16-00036-001-0130 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SR 580 SR 580 DANIEL ST DANIEL ST CHARLES AVE CHARLES AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD ALLEN AVE ALLEN AVE -Not to Scale--Not a Survey-Rev. 11/14/2018 EXISTING SURROUNDING USES MAP Owner(s): Florida Dahlia LLC Case: ANX2018-11021 Site: 2720 Daniel Street Property Size(Acres): ROW (Acres): 0.179 Land Use Zoning PIN: 28-28-16-00036-001-0130 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 SR 580 DANIEL ST CHARLES AVE N McMULLEN BOOTH RD ALLEN AVE 307030602733271927272763276127352745275327372758 2754 30902760273430002730273627292715 305027892750274527302720275927232755-Not to Scale--Not a Survey-Rev. 11/14/2018 Offices Offices Offices Single Family Residential ANX2018-11021 Florida Dahlia, LLC 2720 Daniel Street View looking north at subject property, 2720 Daniel Street. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Daniel Street View looking westerly along Daniel Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5604 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.9 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 808 Glen Oak Avenue East, 3048 Lake Vista Drive, and 3064 Hoyt Avenue and pass Ordinances 9221-19, 9222-19 and 9223-19 on first reading. (ANX2018-11022) SUMMARY: These voluntary annexation petitions involve 0.604 acres of property consisting of three parcels of land occupied by single family homes. The parcels are located generally north of Drew Street, south of SR 590, and within ¼ mile west of McMullen Booth Road. The applicants are requesting annexation in order to receive sanitary sewer service from the City as part of the Kapok Terrace Sanitary Sewer Extension Project. The properties are located within an enclave and are contiguous to existing City limits along at least one boundary. It is proposed that the properties 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 annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants have paid the required sewer impact fee in full and will be connected to the city’s sewer system once it is made available. The properties are 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 these properties by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote 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 Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#19-5604 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 all properties 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 all properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing city limits along at least one boundary; therefore, the annexations are 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 1/17/2019 Ordinance No. 9221-19 ORDINANCE NO. 9221-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD WHOSE POST OFFICE ADDRESSES ARE 808 GLEN OAK AVENUE EAST, 3048 LAKE VISTA DRIVE, AND 3064 HOYT AVENUE, ALL IN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions. (ANX2018-11022) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9221-19 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 ANX2018-11022 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-004-0010 Lot 1, Block D 808 Glen Oak Avenue East 2. 09-29-16-45126-005-0130 Lot 13, Block E 3048 Lake Vista Drive The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGES 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 3. 09-29-16-45144-009-0150 Lot 15, Block I 3064 Hoyt Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION Owner(s): George S. Persall, Dianne S. Pesall Two Protected Owners Case: ANX2018-11022 Site: 808 Glen Oak Avenue East 3048 Lake Vista Drive 3064 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.604 Land Use Zoning PIN: 09-29-16-45126-004-0010 09-29-16-45126-005-0130 09-29-16-45144-009-0150 From : Residential Low (RL) R-3 Single Family Residential & R-4, One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LOUISE LAKE LOUISE LAKE CAROL 88245 20808 05310 45144 82890 45126 05311 E F C D G B AH O J I 234 5 6 7 8 9 10 11 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 678910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 5 6 11213141516 17 18 19 20 21 2 22829303132 33 34 35 36 37 3 43 44 45 46 51 52 54 A B C D E F MN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N WOLFE RD TERRACE VIEW LN THOMAS RD GLEN OAK AVE ESAN MATEO ST SAN BERNADINO ST 601 511510 505 600 920 7 1 2 90 6 421 807 801 906 809 8 0 1 918 8 0 6 707 900 907 815 923 911 932 405 924 800 30063013300630033108301230003023300131183024300030263113305230253111301830013012912 701 602 910 607 911 901 916 904 915 914 8 0 0 501 808 908 7 0 8 307730593077311230133052304130493107301931133070307031253041312430413071304130703041304730313055304631193052311630123047307630463117304130653047307630363025306130353010304230203040312031253113300730813121304630303031301931193080305330343029304030743025300630583065306430533063304730473071312030463064310431023124305330763059305930073058303531093048306930213126304030753053303531143100303030583077302430353057306430713040310831123065-Not to Scale--Not a Survey-Rev. 11/15/2018 Ordinance No. 9222-19 ORDINANCE NO. 9222-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 808 GLEN OAK AVENUE EAST, 3048 LAKE VISTA DRIVE, AND 3064 HOYT AVENUE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions; Residential Low (RL) (ANX2018-11022) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9221-19. Ordinance No. 9222-19 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 ANX2018-11022 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-004-0010 Lot 1, Block D 808 Glen Oak Avenue East 2. 09-29-16-45126-005-0130 Lot 13, Block E 3048 Lake Vista Drive The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGES 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 3. 09-29-16-45144-009-0150 Lot 15, Block I 3064 Hoyt Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): George S. Persall, Dianne S. Pesall Two Protected Owners Case: ANX2018-11022 Site: 808 Glen Oak Avenue East 3048 Lake Vista Drive 3064 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.604 Land Use Zoning PIN: 09-29-16-45126-004-0010 09-29-16-45126-005-0130 09-29-16-45144-009-0150 From : Residential Low (RL) R-3 Single Family Residential & R-4, One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LOUISE LAKE LOUISE LAKE CAROL 88245 20808 05310 45144 82890 45126 05311 E F C D G B AH O N J I 234 5 6 7 8 9 10 11 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 910111213 234567 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 5 6 11213141516 17 18 19 20 21 2 22829303132 33 34 35 36 37 3 43 44 45 46 51 52 54 A B C D E F MN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD SAN MATEO ST SAN BERNADINO ST RL CG RL RL RLRL RL RL RL RL RL R/OS RU RU RU CG RU RH R/OS RU RL WATER RL WATER 601 511510 505 600 920 7 1 2 421 801 809 918 8 0 6 707 900 907 815 923 932 924 800 300630063003310830123000302330013118302430003026311330253018906 912 807 701 602 906 8 0 1 910 607 911 901 916 904 915 914 8 0 0 501 808 911 908 405 7 0 8 30773059307731123013305230413049310730193113307030703013312530413124304130713041307030413047303130553046311930523116301230473076304631173041306530473076303630253061303530103042302030403120312531133007308131213046303030313019311930803053303430293040307430253006305830653064305330633047305230473071312030463111306431043102312430533076305930593007305830353109304830693001302131263012304030753053303531143100303030583077302430353057306430713040310831123065-Not to Scale--Not a Survey-Rev. 11/15/2018 Ordinance No. 9223-19 ORDINANCE NO. 9223-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 808 GLEN OAK AVENUE EAST, 3048 LAKE VISTA DRIVE, AND 3064 HOYT AVENUE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9221-19. Property Zoning District See attached Exhibit A for legal descriptions; Low Medium Density Residential (LMDR) (ANX2018-11022) Ordinance No. 9223-19 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 ANX2018-11022 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-004-0010 Lot 1, Block D 808 Glen Oak Avenue East 2. 09-29-16-45126-005-0130 Lot 13, Block E 3048 Lake Vista Drive The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGES 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 3. 09-29-16-45144-009-0150 Lot 15, Block I 3064 Hoyt Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ZONING MAP Owner(s): George S. Persall, Dianne S. Pesall Two Protected Owners Case: ANX2018-11022 Site: 808 Glen Oak Avenue East 3048 Lake Vista Drive 3064 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.604 Land Use Zoning PIN: 09-29-16-45126-004-0010 09-29-16-45126-005-0130 09-29-16-45144-009-0150 From : Residential Low (RL) R-3 Single Family Residential & R-4, One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LOUISE LAKE LOUISE LAKE CAROL 88245 20808 05310 45144 82890 45126 05311 E F C D G B AH O N J I 234 5 6 7 8 9 10 11 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 910111213 234567 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 5 6 11213141516 17 18 19 20 21 2 22829303132 33 34 35 36 37 3 43 44 45 46 51 52 54 A B C D E F MN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD SAN MATEO ST SAN BERNADINO ST LMDR C OS/R HDR 601 510 505 600 920 71 2 906 421 807 801 602 906 809 8 0 1 918 8 0 6 911 707 904 900 907 815 501 923 911 932 405 924 708 800 307730593006311230133052304130493019307030703013304131243071304130063070304130473055300330463108305231163047307630413065304730763036302530613035301230003010304230233020304030013125311330073081312130463030303130193080305331183024303430293040307430003026311330063058306530643053306330473052304730713025312030463111306430183102312430763059305930073058303530693001302130123040307530533114310030303058307730243035305730713040310831123065511 912 701 910 607 901 916 915 914 8 0 0 808 908 30773107311331253041303131193012304631173120311930253104305331093048312630353064-Not to Scale--Not a Survey-Rev. 11/15/2018 LOCATION MAP Owner(s): George S. Persall, Dianne S. Pesall Two Protected Owners Case: ANX2018-11022 Site: 808 Glen Oak Avenue East 3048 Lake Vista Drive 3064 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.604 Land Use Zoning PIN: 09-29-16-45126-004-0010 09-29-16-45126-005-0130 09-29-16-45144-009-0150 From : Residential Low (RL) R-3 Single Family Residential & R-4, One, Two, Three 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 CHAMBLEE LN BORDEAUX LN WOLFE RD L A K E V IS T A D R GLEN OAK AVE N THOMAS RD SAN MATEO ST TERRACE VIEW LN SAN JOSE ST SAN BERNADINO ST ^-Not to Scale--Not a Survey-Rev. 11/15/2018 ^ ^ AERIAL PHOTOGRAPH Owner(s): George S. Persall, Dianne S. Pesall Two Protected Owners Case: ANX2018-11022 Site: 808 Glen Oak Avenue East 3048 Lake Vista Drive 3064 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.604 Land Use Zoning PIN: 09-29-16-45126-004-0010 09-29-16-45126-005-0130 09-29-16-45144-009-0150 From : Residential Low (RL) R-3 Single Family Residential & R-4, One, Two, Three 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 LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N WOLFE RD WOLFE RD TERRACE VIEW LN TERRACE VIEW LN THOMAS RD THOMAS RD GLEN OAK AVE EGLEN OAK AVE ESAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST -Not to Scale--Not a Survey-Rev. 11/15/2018 EXISTING SURROUNDING USES MAP Owner(s): George S. Persall, Dianne S. Pesall Two Protected Owners Case: ANX2018-11022 Site: 808 Glen Oak Avenue East 3048 Lake Vista Drive 3064 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.604 Land Use Zoning PIN: 09-29-16-45126-004-0010 09-29-16-45126-005-0130 09-29-16-45144-009-0150 From : Residential Low (RL) R-3 Single Family Residential & R-4, One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LOUISE LAKE LOUISE LAKE CAROL 88245 20808 05310 45144 82890 45126 05311 E F C D G B AH O J I 234 5 6 7 8 9 10 11 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 678910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 2 3 4 5 6 11213141516 17 18 19 20 21 2 22829303132 33 34 35 36 37 3 43 44 45 46 51 52 54 A B C D E F MN (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 32/01 31/01 5 33/02 1.4 34/02 1.4 33/01 1.57 AC(C) AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR GLEN OAK AVE N WOLFE RD TERRACE VIEW LN THOMAS RD GLEN OAK AVE ESAN MATEO ST SAN BERNADINO ST 601 511510 505 600 920 7 1 2 90 6 421 807 801 906 809 8 0 1 918 8 0 6 707 900 907 815 923 911 932 405 924 800 30063013300630033108301230003023300131183024300030263113305230253111301830013012912 701 602 910 607 911 901 916 904 915 914 8 0 0 501 808 908 7 0 8 307730593077311230133052304130493107301931133070307031253041312430413071304130703041304730313055304631193052311630123047307630463117304130653047307630363025306130353010304230203040312031253113300730813121304630303031301931193080305330343029304030743025300630583065306430533063304730473071312030463064310431023124305330763059305930073058303531093048306930213126304030753053303531143100303030583077302430353057306430713040310831123065-Not to Scale--Not a Survey-Rev. 11/15/2018 Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2018-11022 George S. & Dianna S. Persall 808 Glen Oak Avenue E View looking west at subject property, 808 Glen Oak Avenue E. South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along Glen Oak Avenue E View looking southerly along Glen Oak Avenue E ANX2018-11022 Protected Owners 3048 Lake Vista Drive View looking north at subject property, 3048 Lake Vista Drive. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Lake Vista Drive View looking westerly along Lake Vista Drive ANX2018-11022 Protected Owners 3064 HoytAvenue View looking north at subject property, 3064 Hoyt Avenue. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: TA2018-10005 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.10 SUBJECT/RECOMMENDATION: Approve amendments to Clearwater Community Development Code, Article 7 - Enforcement Proceedings and Penalties, to revise code enforcement board and special master hearing procedures, fines, and establish a new local civil penalty/citation process for code violations, and pass Ordinance 9228-19 on first reading. (TA2018-10005) SUMMARY: The City enforces the provisions of the Clearwater Community Development Code (Code) and the Clearwater Code of Ordinances through Article 7 of the Code. Article 7, in turn, was created under the authority of Chapter 162, Florida Statutes which vests in local governments the power to “create[e]… administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.” § 162.02, Fla. Stat. The City desires to amend Article 7 in three respects. First, the City’s proposed ordinance amends the so-called “nuisance case” regulations to allow the municipal code enforcement board or a special magistrate to enter orders permitting the City to enter onto a violator’s property to abate and maintain a nuisance after notice and a hearing. Second, the ordinance re-adopts and re-affirms a heightened fine schedule that was previously adopted in 2000. And finally, the ordinance creates a new civil citation system authorizing the issuance of civil citations to code violators and establishing an appeal system should a violator elect to contest this violation. The Planning and Development Department has determined that the proposed text amendments to the Code are consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Code. The Community Development Board also reviewed the proposed amendment at its December 18, 2018 meeting and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/17/2019 ORDINANCE NO. 9228-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 7-102 OF THE COMMUNITY DEVELOPMENT CODE TO MODIFY THE NOTICE AND HEARING PROCEDURES FOR NUISANCE CODE ENFORCEMENT CASES; RE-ADOPTING AND RE-AFFIRMING THE PORTION OF ORDINANCE NO. 6526-00 THAT AMENDED SECTION 7-103(B) OF THE COMMUNITY DEVELOPMENT CODE AND AUTHORIZED THE CODE ENFORCEMENT BOARD OR SPECIAL MASTER TO IMPOSE FINES GREATER THAN THE LIMITS PREVIOUSLY ALLOWED BY LAW; AMENDING SECTION 7-103(E) OF THE COMMUNITY DEVELOPMENT CODE TO PERMIT THE MUNICIPAL CODE ENFORCEMENT BOARD TO ISSUE ORDERS RELATED TO NUISANCE CODE ENFORCEMENT CASES; AMENDING SECTION 7-103(H) OF THE COMMUNITY DEVELOPMENT CODE TO PROVIDE FOR ONE OR MORE SPECIAL MAGISTRATES TO EXERCISE THE POWERS AS PROVIDED IN THIS SECTION AND STATE LAW RELATED TO CODE ENFORCEMENT AND TO PROVIDE FOR AN APPEALS PROCESS TO CONTEST A CITATION, WHICH INCLUDES THE ASSESSMENT OF ADMINISTRATIVE CHARGES AND CIVIL CITATION PENALTIES; AMENDING SECTION 8-102 OF THE COMMUNITY DEVELOPMENT CODE TO DEFINE THE TERM “IRREPARABLE OR IRREVERSIBLE VIOLATION”; CREATING APPENDIX A, SECTION XX, “CIVIL CITATION PENALTIES”; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which took effect on March 8, 1999; and WHEREAS, the City of Clearwater desires to modify the notice and hearing procedures for nuisance code enforcement cases; and WHEREAS, the City of Clearwater, via Ordinance No. 6526-00, made comprehensive amendments to the Community Development Code on June 15, 2000; and WHEREAS, one of the amendments to the Community Development Code adopted by the City of Clearwater on June 15, 2000, amended Section 7-103 and authorized the code enforcement board or special master to impose fines greater than the limits previously allowed by law; and WHEREAS, Section 162.09(d), Florida Statutes expressly permits a municipality with a population greater than 50,000 to adopt, by a vote of at least a majority plus one 2 Ord. No. 9228-19 of the entire governing body, an ordinance authorizing the code enforcement board or special master to impose such fines; and WHEREAS, it appears from the minutes of the June 15, 2000, City Commission meeting that Ordinance No. 6526-00 was adopted by a vote of three “Ayes,” one “Nay,” and one “Absent”; and WHEREAS, the City of Clearwater has determined that it is necessary to ensure that the amendment to Section 7-103 of the Community Development Code is passed in a matter that comports with Section 162.09(d), Florida Statutes; and WHEREAS, effective code enforcement is essential to the health, safety and welfare of the City of Clearwater; and WHEREAS, Florida Statutes, Chapter 162 provides the City with the powers to create multiple Code Enforcement Boards or Special Magistrates with the powers to enforce the City Code; and WHEREAS, Florida Statutes, Chapter 162 provides that the City may regulate and create any supplemental methods in which to enforce its municipal regulations, ordinances and codes; and WHEREAS, Florida Statutes, Chapter 162 provides that the City may regulate and create any supplemental methods in which to enforce its municipal regulations, ordinances and codes; and WHEREAS, the City has a compelling interest in expediting code compliance; and WHEREAS, the purpose of allowing the Municipal Code Enforcement Board to enter orders declaring that the City has the right to enter onto private property to abate and maintain nuisances is to effectively and expeditiously enforce City Code; and WHEREAS, the purpose of a civil citation enforcement program is also to effectively and expeditiously enforce the City Code; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 7-102 of the Clearwater Community Development Code is hereby amended to read as follows: Section 7-102. - Code enforcement board/special master hearing procedures. (A)(2). Nuisance cases. Upon completion of a field investigation by a code enforcement officer and determination that a nuisance exists under Code of Ordinances 3 Ord. No. 9228-19 Section 3-1503, the property shall be posted with a notice advising of the existence and nature of the violation and requiring compliance within no less than five days and no more than 10 days after the date of posting or the filing of a notice of appeal to the municipal code enforcement board during such five day period and that if the violation is not corrected within the time period prescribed, a hearing will be held before the municipal code enforcement board or special master on a date certain. In nuisance cases only, posting of notice shall be deemed legally sufficient to provide notice; tThe code enforcement officer may shall additionally attempt to obtain personal service upon and/or mail notice to the property owner within the five to 10-day period as contemplated in Section 162.12, Florida Statutes. (F)(2). Presentation of case. Violations of Section 3-1503, Nuisances, may be presented as "nuisance cases" or "non-nuisance cases" under this Subsection. a. Non-nuisance cases. Each case before the special master or municipal code enforcement board shall be presented on behalf of the city either by the office of city attorney or by a member of the city's administrative staff. If the city prevails in prosecuting a case, the city shall be entitled to recover all costs incurred in prosecuting the case. b. Nuisance cases. Appeals from the issuance of a notice of violation in nuisance cases shall be presented by the appellant, who shall have the burden of showing that the condition described in the notice did not exist or of showing why the condition should not be remedied by the city at the expense of the appellant. Each case before the special master or municipal code enforcement board shall be presented on behalf of the city either by the office of city attorney or by a member of the city's administrative staff. If the city prevails in prosecuting a case, the city shall be entitled to recover all costs incurred in prosecuting the case and shall be entitled to an order as described in Section 7-103(E). If the owner, agent or representative, fails to appear before the board at the designated time to present the appeal, then the owner shall be deemed to have authorized the city to take such remedial action as is necessary to abate the nuisance including, but not limited to, the right to enter the property and take action to remedy the condition without further notice to the owner. Section 2. The portion of Ordinance No. 6526-00 that amended Section 7- 103, Community Development Code to authorize the code enforcement board or special master to impose fines greater than the limits previously allowed by law is hereby re-adopted and re-affirmed by a vote of at least a majority plus one of the City Council, and Section 7-103(B), Community Development Code is amended to read as follows: 4 Ord. No. 9228-19 Section 7-103. - Remedies; penalties. B. Fines. 1. Upon being notified by the code inspector that an order issued by the special master or municipal code enforcement board has not been complied with within the time established in such order or upon finding that a repeat violation has been committed, the special master or municipal code enforcement board shall order the violator to pay a fine to the city for each day the violation continues past the compliance date established in its order or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. Any fine the special master or municipal code enforcement board imposes pursuant to this section shall not exceed $250.00 per day for a first violation or $500.00 per day for a repeat violation. If the municipal code enforcement board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. 2. A violation of Article 3, Division 3, Adult Use Standards shall be punished by a fine not to exceed $500.00, or imprisonment for a term not exceeding 60 days, or by both a fine and imprisonment, as may be imposed by the county court. 3. In determining the amount of the fine, if any, the municipal code enforcement board or special master shall consider the following factors: 1. The gravity of the violation. 2. Any actions taken by the violator to correct the violation. 3. Any previous violations committed by the violator. 4. The municipal code enforcement board or special master may impose fines in excess of the limits set forth above. Such fines shall not exceed $1,000.00 per day per violation for a first violation, $5,000.00 per day per violation for a repeat violation, and up to $15,000.00 per violation if the municipal code enforcement board or special master finds the violation to be irreparable or irreversible in nature. In addition to such fines, the municipal code enforcement board or special master may impose additional fines to cover all costs incurred by the city in enforcing its codes and all repair costs. In imposing such excess fines, the municipal code enforcement board or special master shall consider: a. The gravity of the violation. b. Any actions taken by the violator to correct the violation and the effectiveness of such actions. c. Any previous violations committed by the violator. d. Any danger to the public health, safety, and welfare posed by the violation. 5 Ord. No. 9228-19 e. The length of time the violation existed. f. Whether the violation harmed persons legally on the property such as tenants. Section 3. Section 7-103(E) of the Clearwater Community Development Code is hereby amended to read as follows: Section 7-103. - Remedies; penalties. (E). Entry and repair/nuisances. 1. Order allowing entry onto the property to abate and maintain the nuisance. In the event a nuisance is determined by a code inspector to exist and notice has been provided as required by 7-102, and the violator has not appealed to the special master or municipal code enforcement board, and the nuisance continues unabated, or an appeal has been filed but is denied by the special master or municipal code enforcement board, then the municipal code enforcement board or special master shall enter an order requiring the violator to abate nuisance within five days of the date of the order and declaring that if the nuisance has not been abated by such time then the city has the right to take such remedial action as is necessary to abate and maintain the nuisance including but not limited to the right to enter the property and have such work done on behalf of the owner at the owner's cost, including administrative costs, which shall become a lien against the land on which the violation exists and upon any other real or personal property owned by the violator as provided in Section 7-103FG. Any order rendered under this subsection shall run with the land once recorded in the Official Records of Pinellas County, Florida. 2. Declaration of violation. In the event that a violator abates a nuisance after the date of compliance in the code inspector’s notice but before any hearing before the municipal code enforcement board or special master, the code inspector may still bring the case before the municipal code enforcement board or special master for hearing and the municipal code enforcement board or special master shall thereafter enter a declaration of violation finding the violator in violation of the city’s codes. Any declaration rendered under this subjection shall run with the land once recorded in the Official Records of Pinellas County, Florida. 3. Repeat violation. In the event that a violator commits a repeat violation after either abating a nuisance after entry of an order by the municipal code enforcement board or special master as provided Section 7-103(E)(1) or suffering a declaration of violation as 6 Ord. No. 9228-19 provided in Section 7-103(E)(2), the code inspector shall notify the property owner or the violator and submit the violation to the special master or municipal code enforcement board for a hearing. At the next available meeting after receipt of the notice of violation, the special master or municipal code enforcement board shall conduct a hearing regardless of whether the violation has been corrected, and the notice shall so state. If it finds that a repeat violation exists or existed, the municipal code enforcement board or special master shall enter an order declaring that the city has the right to take such remedial action as is necessary to abate and maintain the nuisance including but not limited to the right to enter the property and have such work done on behalf of the owner at the owner's cost, including administrative costs, which shall become a lien against the land on which the violation exists and upon any other real or personal property owned by the violator as provided in Section 7-103G even if the violation has been corrected, and the notice shall so state. Any order rendered under this subsection shall run with the land once recorded in the Official Records of Pinellas County, Florida. Section 4. Section 7-103(H) of the Clearwater Community Development Code is hereby amended to read as follows: Section 7-103. - Remedies; penalties. H. Civil penalty/citation. 1. Prosecution in county court. As an alternative to the special master and the municipal code enforcement board, a code enforcement officer may issue a citation for violation of a provision of the City's Code for prosecution in county court pursuant to Section 1.12 of the City's Code. A code enforcement officer may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person. A person convicted of violating a provision of this development code through the use of this subsection may be ordered to pay a fine, not to exceed $500.00. Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than five days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and 7 Ord. No. 9228-19 may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, as defined in Section 8-102, or if the violation is irreparable or irreversible. 2. Civil citation. a. Authority. i) This section has been enacted pursuant to the Home Rule powers of the City and authority of F.S. Ch. 162, as a supplemental method of enforcing certain sections of the codes and ordinances of the City and is enacted to protect the public health, safety, and welfare. ii) Nothing in this section shall be construed to prohibit the City from enforcing its codes and ordinances by any other means including, but not limited to: a summons; a notice to appear in the county or circuit court; an arrest; an action before the Municipal Code Enforcement Board; a civil action for injunctive relief; a stop work order; a demolition order, or any other method of enforcement. b. Applicability. The provisions of this section shall apply to all violations of the Clearwater Code of Ordinances and the Clearwater Community Development Code and includes any ordinance of the City which is not specifically set forth therein. These codes and ordinances shall be collectively referred to as “the City Code” for purposes of this section. c. Enforcement procedures. i) A code enforcement inspector is authorized to issue a citation to a person when, based upon personal investigation, the inspector has reasonable cause to believe that the person is in violation of the City Code. The citation shall contain: (a) The date and time of issuance. (b) The name and address of the person to whom the citation is issued. 8 Ord. No. 9228-19 (c) The date and time the civil infraction was committed, or observed to exist, or identified by the code enforcement inspector. (d) The facts constituting reasonable cause. (e) The number or section of the code or ordinance violated. (f) The name and title of the code enforcement inspector. (g) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (h) The applicable civil penalty if the person elects not to contest the citation. (i) The applicable civil penalty if the person elects to contest the citation. (j) The time period in which an appeal must be requested and the location where such request may be made. (k) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to request a Special Magistrate appeal hearing to contest the citation, that person shall be deemed to have waived their right to contest the citation and that, in such case, an order of the Special Magistrate may be entered against that person for the amount of the civil citation. ii) Prior to issuing a citation, a code enforcement inspector shall provide written notice to the person that the person has committed a violation of the City Code and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no less than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement inspector finds that the person has not corrected the violation within the given time period, a code 9 Ord. No. 9228-19 enforcement inspector may issue a citation to the person who has committed the violation. iii) A code enforcement inspector does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue that citation if a code enforcement inspector has reason to believe that the violation: (a) Is a repeat violation; or (b) Presents a serious threat to the public health, safety, or welfare; or (c) Is irreparable or irreversible; or (d) Is itinerant or transient nature. iv) Each violation of the City Code shall be a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. v) After issuing a citation to an alleged violator, a code enforcement inspector shall keep on file the citation for a period of eight weeks or at least 30 days after all appeal times have expired, whichever is later. vi) A violation of the City Code enforced by the provisions of this section is a civil infraction punishable by a maximum civil penalty not to exceed $500 or such amount as may hereafter be prescribed by law. The fines to be assessed by code enforcement inspectors shall be established by this section. vii) Subject to the procedures below, the alleged violator has the option of paying the penalty to the City or requesting an appeal hearing to be heard by the Special Magistrate authorized to hear civil citation hearings. Payment of said penalty to the City shall be made either in person or by mail, postmarked on or before, 15 days after receipt of the citation. If the alleged violator elects to pay the applicable penalty set forth on the citation, that person shall be deemed to have admitted the infraction and waived the right to a hearing. 10 Ord. No. 9228-19 viii) If a person fails to pay the penalty within the specified period or fails to timely request a hearing, that person shall be deemed to have waived the right to contest the citation. An order of the Special Magistrate may be entered against that person for the amount of the civil citation. d. Special magistrate; appointment, powers. i) The City Council may appoint one or more Special Magistrates who shall have the authority to hold civil citation appeal hearings, assess fines against violators of the City Code and otherwise exercise the powers of a municipal Code Enforcement Board as provided in F.S. ch. 162, pt. I, as and to the extent provided in this section. ii) Special Magistrates shall consist of the following: (a) One or more attorneys licensed to practice law in the State of Florida recommended by the City Attorney's Office and confirmed by City Council. (b) To the extent permitted by applicable laws, the City may enter into a contract approved by City Council for use of a Special Magistrate. iii) Minutes and records of hearings before a Special Magistrate shall be kept and maintained by the City in the manner and to the extent required by law. The City shall provide necessary and reasonable clerical and administrative support to enable a Special Magistrate to perform his or her duties. A Special Magistrate shall not be authorized to hire or use the services of any person except those provided by the City to assist him in the performance of his duties. e. Appeal of civil citation to special magistrate. Any petitioner who wants to appeal the violation charged by a civil citation shall file with the City Clerk's Office a request for hearing on the form required by the code enforcement officer by 5:00 p.m. on the tenth day following the date of the service of the civil citation. Such requests may be mailed by the violator if such request is sent certified mail and post-marked before midnight on the tenth day following the date of the service of the civil citation. 11 Ord. No. 9228-19 f. Hearing procedures. i) Hearings may be held at any time after giving the notice required by this section. All hearings shall be open to the public. ii) The code enforcement inspector shall provide the Special Magistrate with a copy of the civil citation, the notice provided prior to issuance of the civil citation (if applicable), any recorded images related to the citation, and any other case history data prior to a hearing pursuant to this section. iii) Notice of hearing shall be provided by certified and first class mail, to the address provided by the violator in the request for hearing, at least 20 days before the hearing. iv) Cases on the agenda for a particular day shall be heard. All testimony shall be under oath and shall be recorded. The Special Magistrate shall take testimony from the code enforcement inspector, the petitioner and any other person with relevant information to the civil citation. The Special Magistrate shall review the case history and any recorded images. The Special Magistrate shall not be bound by the formal rules of evidence; however, he or she shall act to ensure fundamental due process in each case. v) The hearing may be continued once, prior to the hearing, at the discretion of the City, if the violator provides the City with written notice of the request to continue seven days before the scheduled date of the hearing. Any violator may cancel his or her hearing by paying the penalty stated on the civil citation plus administrative costs established by this section before the start of the hearing. This information including where to make payment and the accepted forms of payment shall be set forth in the notice of hearing. vi) At the conclusion of each hearing, the Special Magistrate shall determine whether a violation of the City Code has occurred, in which case the Special Magistrate shall uphold or dismiss the citation and issue a final order. If the citation is upheld, the final order shall order the violator to pay the penalty stated on the citation and shall order the violator to pay the 12 Ord. No. 9228-19 administrative charges established by the code enforcement officer. The order shall be mailed to the violator along with a notice of the violator's right to rehearing under the provisions of Section 7-102H(2)(i) or the right to appeal under the provisions of Section 7- 102(H)(2)(j). vii) If the violator fails to appear at the hearing, the violator shall be deemed to have waived the right to contest the citation, and the Special Magistrate will enter an order upholding the citation and ordering the violator to pay the penalty stated on the citation plus the administrative charges. g. Administrative charges. In addition to the penalty stated on the citation, administrative charges shall be assessed against the violator. The code enforcement officer shall establish the administrative charges, which charges shall at least cover all the costs to administer the appeal hearing. The cost associated with providing City staff for the hearing shall be considered part of the administrative charges. The code enforcement officer shall review the administrative charges every six months and adjust, if necessary, to assure coverage of all the costs incurred in providing the hearings. h. Rehearing. Either the prosecutor or the violator may request a rehearing of the decision of the Special Magistrate. A request for rehearing shall be made, in writing, and shall be delivered to the city clerk within ten days of the date that the Special Magistrate mails the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Special Magistrate. The written request for rehearing shall specify the precise reasons therefor. If such a rehearing request has been delivered to the city clerk, the Special Magistrate’s final order shall not be deemed rendered as that term is used in Section 7-102(H)(2)(j) as to any existing party until a signed, written order disposing of the rehearing request has been mailed to all parties. i. Appeal. Any aggrieved party including the City may appeal a final order of the Special Magistrate to the circuit court, if allowed, by filing for a petition for writ of certiorari within 30 days of rendition of the Special Magistrate’s final order. The date of rendition of the final order shall be the date the final order is mailed to the aggrieved party. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Magistrate. 13 Ord. No. 9228-19 j. Collection of unpaid penalty. The code enforcement officer may establish procedures for the collection of any unpaid civil penalty and administrative costs. At the discretion of the code enforcement officer, the final order of the Special Magistrate for any unpaid fines or fines plus administrative costs, if applicable, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Such liens may be foreclosed upon by the City subject to the state laws governing such code enforcement liens. k. Notices. i) All notices required by this part, other than the initial violation warning letter, must be provided to the violator by: (a) Certified mail to the address listed in the tax collector's office for tax notices or to the address listed in the county property appraiser's database, except the City may provide notice of a Special Magistrate hearing to any other address provided to the City by the alleged violator on the appeal hearing request form by first class mail. (b) Hand delivery; (c) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such persons of the contents of the notice; or (d) In the case of a violation at a commercial premises, leaving the notice with the manager or other person in charge. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citations during regular business hours. (e) Additional notice may be completed by posting a copy of the notice or citation in a conspicuous place upon the property which is the subject of the violation. Such posting, together with proof of mailing in subsection (1) shall be sufficient to show that the notice requirements were met 14 Ord. No. 9228-19 without regard to whether or not the alleged violator actually received such notice. ii) For violations involving vehicles, vessels, or equipment which have a visible state license or registration, notice may be provided to the registered owner of the vehicle, vessel, or equipment by certified mail to the owner's record address for the license or registration. In addition to such mailing, the notice may be provided in accordance with subsection (a) to the property owner where the vehicle, vessel, or equipment in violation is located. l. Schedule of violations and penalties. The list of violations with their corresponding classifications included in the Pinellas County Uniform Fine Schedule adopted by the Sixth Judicial Circuit of the State of Florida in its Administrative Order 2010-063 is hereby incorporated by reference. A person who receives a civil citation pursuant to this section shall be subject to a civil penalty in accordance with Section XX, Appendix A. All civil penalties collected pursuant to this section, less administrative costs, shall be placed in a fund restricted for nuisance abatement purposes throughout the city, including but not limited to payment of special magistrate fees, abandoned buildings, unsafe structures, unsecured properties and structures, and demolition. Section 5. Section 8-102 of the Clearwater Community Development Code is hereby amended to read as follows: Irreparable or irreversible violation means a violation that causes harm, damage, injury, or change that is incapable of correction, repair, or return to an original condition. Section 6. Appendix A, Section XX.—Civil Citation Penalties is hereby created to read as follows: XX. Civil Citation Penalties (§ 7-102(H)(2)): First Infraction Second Infraction Third Infraction Fourth Infraction and Each Subsequent Infraction Class I $200.00 $400.00 $500.00 $500.00 Class II $150.00 $300.00 $450.00 $500.00 Class III $125.00 $250.00 $375.00 $500.00 Class IV $100.00 $200.00 $300.00 $400.00 Class V $80.00 $160.00 $240.00 $320.00 15 Ord. No. 9228-19 Section 7. The City of Clearwater does hereby certify that the amendments contained in this Ordinance are consistent with, and in conformance with, the City’s Comprehensive Plan. Section 8. 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 9. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 10. The provisions of this Ordinance shall take effect immediately following adoption. 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 Community Development Board – December 18, 2018 TA2018-10005 – Page 1 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 18, 2018 AGENDA ITEM: G.1. CASE: TA2018-10005 ORDINANCE NO.: 9228-19 REQUEST: Review and recommendation to the City Council, of amendments to Article 7. Enforcement Proceedings and Penalties of the Community Development Code, to revise code enforcement board and special master hearing procedures, fines and establish a new local civil penalty/citation process for code violations. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The City enforces the provisions of the Clearwater Community Development Code (“the Code”) and the Clearwater Code of Ordinances through Article 7 of the Code. Article 7, in turn, was created under the authority of Chapter 162, Florida Statutes which vests in local governments the power to “create[e]… administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.” § 162.02, Fla. Stat. The City desires to amend Article 7 in three respects. First, the City’s proposed ordinance amends the so-called “nuisance case” regulations to allow the municipal code enforcement board or a special magistrate to enter orders permitting the City to enter onto a violator’s property to abate and maintain a nuisance after notice and a hearing. Second, the ordinance re-adopts and re-affirms a heightened fine schedule that was previously adopted in 2000. And finally, the ordinance creates a new civil citation system authorizing the issuance of civil citations to code violators and establishing an appeal system should a violator elect to contest this violation. Community Development Code Text Amendment Planning & Development Department Community Development Board – December 18, 2018 TA2018-10005 – Page 2 ANALYSIS:  Amendments to Nuisance Regulations Currently, the City prosecutes violations of Sect. 3-1503, “Nuisances,” by posting a sign on the violator’s property asserting the existence of a nuisance and that if compliance is not met within 5 days or an appeal made to municipal code enforcement board, the City will enter on the property and abate the nuisance at the owner’s cost. Sect. 7-102(A)(2). The proposed ordinance amends Sections 7-102(A)(2) and 7-102(F)(2) to provide that if a violator fails to comply with a violation notice then the City may bring an action to enforce the nuisance code before the municipal code enforcement board or special magistrate. This ensures that all property owners are given adequate notice of the violation and an opportunity to be heard should they wish to contest the violation. Additionally, the proposed ordinance amends Sect. 7-103(E), “Entry and repair/nuisances,” and vests in the municipal code enforcement board the authority to enter orders permitting the City to enter onto the property to abate and maintain the nuisance should the property owner fail to do so after a hearing. By using the term “and maintain” the nuisance, the order acts in the mode of a continuing mandatory injunction allowing the City to not only correct the violation when it first appears, but also if the violation ever appears again. This is important because under the current version of the Code, code inspectors are required to begin the process anew each time the nuisance is created even if the City has already abated the nuisance on the property. Finally, the proposed ordinance vests in the municipal code enforcement board the authority to render two other types of orders related to nuisances. First, the board is authorized to render “declarations of violations.” These orders declare that while a violator did abate a nuisance before the board’s hearing, the violator failed to do so within the time period prescribed in the code inspector’s notice of violation. Second, the board is authorized to render orders against a “repeat violation” as the term is used in both the Code and Chapter 162, Florida Statutes. This order provides that if a violator commits a repeat violation, the City is authorized to enter onto the property to abate and maintain the nuisance even if the violator corrects the violation. These orders are designed to prevent the scenario where the City must waste precious government resources prosecuting a violator before the board repeatedly.  Re-Adopting and Re-Affirming a Portion of Ordinance No. 6526-00 Under Chapter 162, Florida Statutes, the municipal code enforcement board is authorized to levy fines against violators for violations of municipal ordinances which are capped at $250.00 per day for a first violation and $500.00 per day for a repeat violation. § 162.09(2)(a), Fla. Stat. The statute also provides that a municipality with a population greater than 50,000 may adopt an ordinance allowing for fines greater than this statutory cap, but only if the ordinance is passed by a “majority plus one” vote. § 162.09(2)(d), Fla. Stat. On June 15, 2000 the City Ordinance adopted No. 6526-00 which, amongst other things, amended Section 7-103 of the Code and authorized the municipal code enforcement board to impose fines greater than the statutory limit. Before imposing such a fine, the board was required to consider: 1) the gravity of the violation; 2) any actions taken to correct the violation; 3) any previous violations committed by the violator; 4) any danger to the public’s health, safety, and welfare; 5) Community Development Code Text Amendment Planning & Development Department Community Development Board – December 18, 2018 TA2018-10005 – Page 3 the length of time the violation existed; and 6) whether the violation harmed persons legally on the property such as tenants. However, Ordinance No. 6526-00 was adopted by a vote of three “Ayes,” one “Nay,” and one “Absent.” It therefore failed to meet the statutory requirement of a “majority plus one” vote needed to authorize fines greater than the statutory cap. To the Planning and Development Department’s institutional knowledge, no such fine has ever been imposed against a violator. The Department, however, feels that it is necessary to re-adopt and re-affirm this portion of Ordinance No. 6526-00 so that the Code comports with state law.  Creation of a City-Run Civil Citation System In addition to prosecutions before the municipal code enforcement boards, the Code allows for prosecutions in county court after the issuance of a civil citation. Sect. 4-103(H). Because these proceedings are prosecuted under the Florida Rules of Criminal Procedure and the Florida Rules of Evidence, they are both time-consuming and costly. Indeed, these proceedings often require the City Attorney’s Office and the code inspectors to attend several hearings before a trial is commenced, and the City only sees $10.00 of every fine that is paid with the remaining amount (sometimes hundreds of dollars) going to the County. The proposed ordinance keeps these types of proceedings, but amends Sect. 4-103(H) to allow the City to run its own civil citation system utilizing special magistrates. Under this proceeding, a violator will be given a notice of a violation (unless one of four exemptions to the notice requirement are met) and if the violation is not corrected within the time period specified, issued a civil citation with an accompanying fine. The violator can either pay the fine or appeal the citation to a special magistrate, who will be an attorney licensed to practice law in the State of Florida recommended by the City Attorney’s Office and confirmed by the City Council. At the appeal hearing, the special magistrate will either uphold or the dismiss the citation and render a final order. Both the City and the violator have the right to move for rehearing of this decision and appeal it to the Pinellas County Circuit Court through a petition for a writ of certiorari.  Remaining Amendments The proposed ordinance makes two other technical amendments to the Code. First, the ordinance amends Sect. 8-102 to define “irreparable or irreversible violation,” a term used in both the Code and Chapter 162, Florida Statutes but which is not defined in either. Second, the ordinance creates Appendix A, Section XX which sets the fine schedule for the newly created civil citation system. CRITERIA FOR TEXT AMENDMENTS: Community Development Code 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: Community Development Code Text Amendment Planning & Development Department Community Development Board – December 18, 2018 TA2018-10005 – Page 4 Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. The proposed amendments are geared towards efficiently and effectively removing blight from troubled properties, whether done through the streamlined nuisance regulations or the newly created civil citation system. Moreover, the provision in the ordinance allowing for heightened fines acts as a deterrence against future code violations, which protects historic resources and ensures neighborhood preservation. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implantation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Property maintenance standards are codified in Article 15 of the Code. Included in Article 15 is the requirement that “[n]o person owning, leasing, operating, occupying or having control of any premises within the city shall maintain, keep or permit any nuisance affecting the citizens of the city.” Sect. 3-1503(A). The proposed ordinance allows for additional enforcement of this provision – and the objective expressed in A.6.1. of the Comprehensive Plan – through streamlining the nuisance abatement process before the municipal code enforcement board and instituting the civil citation system. Policy A.6.1.13 The City of Clearwater will continue to promote infill development and the removal of blight through the Unsafe Structures Program. As of August 2006, the City’s Unsafe Structures Program has resulted in either demolition or full code compliance of over 1,020 structures. The streamlined nuisance process, heightened fines, and civil citation system should only add to this number either because they act as an efficient resolution to a present problem or a deterrence to a future one. 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 amendments will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103.  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 Community Development Code Text Amendment Planning & Development Department Community Development Board – December 18, 2018 TA2018-10005 – Page 5 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. (Section 1-103.A., CDC)  It is the further purpose of this Development Code to make beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. (Section 1-103.D, CDC)  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. (Section 1-103.E.2, CDC)  Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city’s economic underpinnings. (Section 1-103.E.5, CDC)  Coordinate the provisions of this Development code with corollary provisions related to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. (Section 1-103.E.12, CDC) The amendments proposed in Ordinance No. 9228-19 will further the above referenced purposes by implementing the Comprehensive Plan policies related to code enforcement and establishing a regulatory framework geared towards eradicating nuisances. These regulations will ensure that blight is effectively and efficiently dealt with thereby enhancing the City’s character. SUMMARY AND RECOMMENDATION: The proposed ordinance amends Article 7 of the Code related to code enforcement. The amendments create new regulations for nuisance cases; re-adopt and re-affirm certain heightened fine limits; and creates a new civil citation system all geared towards combating blight. The proposed ordinance 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. 9228-19 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Terry Teunis Codes Compliance Manager ATTACHMENT: Ordinance No. 9228-19 ORDINANCE NO. 9228-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 7-102 OF THE COMMUNITY DEVELOPMENT CODE TO MODIFY THE NOTICE AND HEARING PROCEDURES FOR NUISANCE CODE ENFORCEMENT CASES; RE-ADOPTING AND RE-AFFIRMING THE PORTION OF ORDINANCE NO. 6526-00 THAT AMENDED SECTION 7-103(B) OF THE COMMUNITY DEVELOPMENT CODE AND AUTHORIZED THE CODE ENFORCEMENT BOARD OR SPECIAL MASTER TO IMPOSE FINES GREATER THAN THE LIMITS PREVIOUSLY ALLOWED BY LAW; AMENDING SECTION 7-103(E) OF THE COMMUNITY DEVELOPMENT CODE TO PERMIT THE MUNICIPAL CODE ENFORCEMENT BOARD TO ISSUE ORDERS RELATED TO NUISANCE CODE ENFORCEMENT CASES; AMENDING SECTION 7-103(H) OF THE COMMUNITY DEVELOPMENT CODE TO PROVIDE FOR ONE OR MORE SPECIAL MAGISTRATES TO EXERCISE THE POWERS AS PROVIDED IN THIS SECTION AND STATE LAW RELATED TO CODE ENFORCEMENT AND TO PROVIDE FOR AN APPEALS PROCESS TO CONTEST A CITATION, WHICH INCLUDES THE ASSESSMENT OF ADMINISTRATIVE CHARGES AND CIVIL CITATION PENALTIES; AMENDING SECTION 8-102 OF THE COMMUNITY DEVELOPMENT CODE TO DEFINE THE TERM “IRREPARABLE OR IRREVERSIBLE VIOLATION”; CREATING APPENDIX A, SECTION XX, “CIVIL CITATION PENALTIES”; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which took effect on March 8, 1999; and WHEREAS, the City of Clearwater desires to modify the notice and hearing procedures for nuisance code enforcement cases; and WHEREAS, the City of Clearwater, via Ordinance No. 6526-00, made comprehensive amendments to the Community Development Code on June 15, 2000; and WHEREAS, one of the amendments to the Community Development Code adopted by the City of Clearwater on June 15, 2000, amended Section 7-103 and authorized the code enforcement board or special master to impose fines greater than the limits previously allowed by law; and WHEREAS, Section 162.09(d), Florida Statutes expressly permits a municipality with a population greater than 50,000 to adopt, by a vote of at least a majority plus one 2 Ord. No. 9228-19 of the entire governing body, an ordinance authorizing the code enforcement board or special master to impose such fines; and WHEREAS, it appears from the minutes of the June 15, 2000, City Commission meeting that Ordinance No. 6526-00 was adopted by a vote of three “Ayes,” one “Nay,” and one “Absent”; and WHEREAS, the City of Clearwater has determined that it is necessary to ensure that the amendment to Section 7-103 of the Community Development Code is passed in a matter that comports with Section 162.09(d), Florida Statutes; and WHEREAS, effective code enforcement is essential to the health, safety and welfare of the City of Clearwater; and WHEREAS, Florida Statutes, Chapter 162 provides the City with the powers to create multiple Code Enforcement Boards or Special Magistrates with the powers to enforce the City Code; and WHEREAS, Florida Statutes, Chapter 162 provides that the City may regulate and create any supplemental methods in which to enforce its municipal regulations, ordinances and codes; and WHEREAS, Florida Statutes, Chapter 162 provides that the City may regulate and create any supplemental methods in which to enforce its municipal regulations, ordinances and codes; and WHEREAS, the City has a compelling interest in expediting code compliance; and WHEREAS, the purpose of allowing the Municipal Code Enforcement Board to enter orders declaring that the City has the right to enter onto private property to abate and maintain nuisances is to effectively and expeditiously enforce City Code; and WHEREAS, the purpose of a civil citation enforcement program is also to effectively and expeditiously enforce the City Code; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 7-102 of the Clearwater Community Development Code is hereby amended to read as follows: Section 7-102. - Code enforcement board/special master hearing procedures. (A)(2). Nuisance cases. Upon completion of a field investigation by a code enforcement officer and determination that a nuisance exists under Code of Ordinances 3 Ord. No. 9228-19 Section 3-1503, the property shall be posted with a notice advising of the existence and nature of the violation and requiring compliance within no less than five days and no more than 10 days after the date of posting or the filing of a notice of appeal to the municipal code enforcement board during such five day period and that if the violation is not corrected within the time period prescribed, a hearing will be held before the municipal code enforcement board or special master on a date certain. In nuisance cases only, posting of notice shall be deemed legally sufficient to provide notice; tThe code enforcement officer may shall additionally attempt to obtain personal service upon and/or mail notice to the property owner within the five to 10 day period as contemplated in Section 162.12, Florida Statutes. (F)(2). Presentation of case. Violations of Section 3-1503, Nuisances, may be presented as "nuisance cases" or "non-nuisance cases" under this Subsection. a. Non-nuisance cases. Each case before the special master or municipal code enforcement board shall be presented on behalf of the city either by the office of city attorney or by a member of the city's administrative staff. If the city prevails in prosecuting a case, the city shall be entitled to recover all costs incurred in prosecuting the case. b. Nuisance cases. Appeals from the issuance of a notice of violation in nuisance cases shall be presented by the appellant, who shall have the burden of showing that the condition described in the notice did not exist or of showing why the condition should not be remedied by the city at the expense of the appellant. Each case before the special master or municipal code enforcement board shall be presented on behalf of the city either by the office of city attorney or by a member of the city's administrative staff. If the city prevails in prosecuting a case, the city shall be entitled to recover all costs incurred in prosecuting the case and shall be entitled to an order as described in Section 7-103(E). If the owner, agent or representative, fails to appear before the board at the designated time to present the appeal, then the owner shall be deemed to have authorized the city to take such remedial action as is necessary to abate the nuisance including, but not limited to, the right to enter the property and take action to remedy the condition without further notice to the owner. Section 2. The portion of Ordinance No. 6526-00 that amended Section 7-103, Community Development Code to authorize the code enforcement board or special master to impose fines greater than the limits previously allowed by law is hereby re- adopted and re-affirmed by a vote of at least a majority plus one of the City Council, and Section 7-103(B), Community Development Code is amended to read as follows: Section 7-103. - Remedies; penalties. 4 Ord. No. 9228-19 B. Fines. 1. Upon being notified by the code inspector that an order issued by the special master or municipal code enforcement board has not been complied with within the time established in such order or upon finding that a repeat violation has been committed, the special master or municipal code enforcement board shall order the violator to pay a fine to the city for each day the violation continues past the compliance date established in its order or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. Any fine the special master or municipal code enforcement board imposes pursuant to this section shall not exceed $250.00 per day for a first violation or $500.00 per day for a repeat violation. If the municipal code enforcement board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. 2. A violation of Article 3, Division 3, Adult Use Standards shall be punished by a fine not to exceed $500.00, or imprisonment for a term not exceeding 60 days, or by both a fine and imprisonment, as may be imposed by the county court. 3. In determining the amount of the fine, if any, the municipal code enforcement board or special master shall consider the following factors: 1. The gravity of the violation. 2. Any actions taken by the violator to correct the violation. 3. Any previous violations committed by the violator. 4. The municipal code enforcement board or special master may impose fines in excess of the limits set forth above. Such fines shall not exceed $1,000.00 per day per violation for a first violation, $5,000.00 per day per violation for a repeat violation, and up to $15,000.00 per violation if the municipal code enforcement board or special master finds the violation to be irreparable or irreversible in nature. In addition to such fines, the municipal code enforcement board or special master may impose additional fines to cover all costs incurred by the city in enforcing its codes and all repair costs. In imposing such excess fines, the municipal code enforcement board or special master shall consider: a. The gravity of the violation. b. Any actions taken by the violator to correct the violation and the effectiveness of such actions. c. Any previous violations committed by the violator. d. Any danger to the public health, safety, and welfare posed by the violation. 5 Ord. No. 9228-19 e. The length of time the violation existed. f. Whether the violation harmed persons legally on the property such as tenants. Section 3. Section 7-103(E) of the Clearwater Community Development Code is hereby amended to read as follows: Section 7-103. - Remedies; penalties. (E). Entry and repair/nuisances. 1. Order allowing entry onto the property to abate and maintain the nuisance. In the event a nuisance is determined by a code inspector to exist and notice has been provided as required by 7-102, and the violator has not appealed to the special master or municipal code enforcement board, and the nuisance continues unabated, or an appeal has been filed but is denied by the special master or municipal code enforcement board, then the municipal code enforcement board or special master shall enter an order requiring the violator to abate nuisance within five days of the date of the order and declaring that if the nuisance has not been abated by such time then the city has the right to take such remedial action as is necessary to abate and maintain the nuisance including but not limited to the right to enter the property and have such work done on behalf of the owner at the owner's cost, including administrative costs, which shall become a lien against the land on which the violation exists and upon any other real or personal property owned by the violator as provided in Section 7-103FG. Any order rendered under this subsection shall run with the land once recorded in the Official Records of Pinellas County, Florida. 2. Declaration of violation. In the event that a violator abates a nuisance after the date of compliance in the code inspector’s notice but before any hearing before the municipal code enforcement board or special master, the code inspector may still bring the case before the municipal code enforcement board or special master for hearing and the municipal code enforcement board or special master shall thereafter enter a declaration of violation finding the violator in violation of the city’s codes. Any declaration rendered under this subjection shall run with the land once recorded in the Official Records of Pinellas County, Florida. 3. Repeat violation. In the event that a violator commits a repeat violation after either abating a nuisance after entry of an order by the municipal code enforcement board or special master as provided Section 7-103(E)(1) or suffering a declaration of violation as provided in Section 7-103(E)(2), the code inspector shall notify the property owner or 6 Ord. No. 9228-19 the violator and submit the violation to the special master or municipal code enforcement board for a hearing. At the next available meeting after receipt of the notice of violation, the special master or municipal code enforcement board shall conduct a hearing regardless of whether the violation has been corrected, and the notice shall so state. If it finds that a repeat violation exists or existed, the municipal code enforcement board or special master shall enter an order declaring that the city has the right to take such remedial action as is necessary to abate and maintain the nuisance including but not limited to the right to enter the property and have such work done on behalf of the owner at the owner's cost, including administrative costs, which shall become a lien against the land on which the violation exists and upon any other real or personal property owned by the violator as provided in Section 7-103G even if the violation has been corrected, and the notice shall so state. Any order rendered under this subsection shall run with the land once recorded in the Official Records of Pinellas County, Florida. Section 4. Section 7-103(H) of the Clearwater Community Development Code is hereby amended to read as follows: Section 7-103. - Remedies; penalties. H. Civil penalty/citation. 1. Prosecution in county court. As an alternative to the special master and the municipal code enforcement board, a code enforcement officer may issue a citation for violation of a provision of the City's Code for prosecution in county court pursuant to Section 1.12 of the City's Code. A code enforcement officer may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person. A person convicted of violating a provision of this development code through the use of this subsection may be ordered to pay a fine, not to exceed $500.00. Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than five days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, 7 Ord. No. 9228-19 or welfare or that the violator is engaged in violations of an itinerant or transient nature, as defined in Section 8-102, or if the violation is irreparable or irreversible. 2. Civil citation. a. Authority. i) This section has been enacted pursuant to the Home Rule powers of the City and authority of F.S. Ch. 162, as a supplemental method of enforcing certain sections of the codes and ordinances of the City and is enacted to protect the public health, safety, and welfare. ii) Nothing in this section shall be construed to prohibit the City from enforcing its codes and ordinances by any other means including, but not limited to: a summons; a notice to appear in the county or circuit court; an arrest; an action before the Code Enforcement Board; a civil action for injunctive relief; a stop work order, a demolition order, or any other method of enforcement. b. Applicability. The provisions of this section shall apply to all violations of the Clearwater Code of Ordinances and the Clearwater Community Development Code and includes any ordinance of the City which is not specifically set forth therein. c. Enforcement procedures. i) A code enforcement inspector is authorized to issue a citation to a person when, based upon personal investigation, the inspector has reasonable cause to believe that the person is in violation of the City Code. The citation shall contain: (a) The date and time of issuance. (b) The name and address of the person to whom the citation is issued. (c) The date and time the civil infraction was committed, or observed to exist, or identified by the code enforcement inspector. (d) The facts constituting reasonable cause. 8 Ord. No. 9228-19 (e) The number or section of the code or ordinance violated. (f) The name and title of the code enforcement inspector. (g) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (h) The applicable civil penalty if the person elects not to contest the citation. (i) The applicable civil penalty if the person elects to contest the citation. (j) The time period in which an appeal must be requested and the location where such request may be made. (k) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to request a Special Magistrate appeal hearing to contest the citation, that person shall be deemed to have waived their right to contest the citation and that, in such case, an order of the Special Magistrate may be entered against that person for the amount of the civil citation. ii) Prior to issuing a citation, a code enforcement inspector shall provide written notice to the person that the person has committed a violation of the City Code and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no less than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement inspector finds that the person has not corrected the violation within the given time period, a code enforcement inspector may issue a citation to the person who has committed the violation. iii) A code enforcement inspector does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately 9 Ord. No. 9228-19 issue that citation if a code enforcement inspector has reason to believe that the violation: (a) Is a repeat violation; or (b) Presents a serious threat to the public health, safety, or welfare; or (c) Is irreparable or irreversible; or (d) Is itinerant or transient nature. iv) Each violation of the City Code shall be a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. v) After issuing a citation to an alleged violator, a code enforcement inspector shall keep on file the citation for a period of eight weeks or at least 30 days after all appeal times have expired, whichever is later. vi) A violation of the City Code enforced by the provisions of this section is a civil infraction punishable by a maximum civil penalty not to exceed $500 or such amount as may hereafter be prescribed by law. The fines to be assessed by code enforcement inspectors shall be established by this section. vii) Subject to the procedures below, the alleged violator has the option of paying the penalty to the City or requesting an appeal hearing to be heard by the Special Magistrate authorized to hear civil citation hearings. Payment of said penalty to the City shall be made either in person or by mail, postmarked on or before, 15 days after receipt of the citation. If the alleged violator elects to pay the applicable penalty set forth on the citation, that person shall be deemed to have admitted the infraction and waived the right to a hearing. viii) If a person fails to pay the penalty within the specified period or fails to timely request a hearing, that person shall be deemed to have waived the right to contest the citation. An order of the Special Magistrate may be entered against that person for the amount of the civil citation. 10 Ord. No. 9228-19 d. Special magistrate; appointment, powers. i) The City Council may appoint one or more Special Magistrates who shall have the authority to hold civil citation appeal hearings, assess fines against violators of the City Code and otherwise exercise the powers of a municipal Code Enforcement Board as provided in F.S. ch. 162, pt. I, as and to the extent provided in this section. ii) Special Magistrates shall consist of the following: (a) One or more attorneys licensed to practice law in the State of Florida recommended by the City Attorney's Office and confirmed by City Council. (b) To the extent permitted by applicable laws, the City may enter into a contract approved by City Council for use of a Special Magistrate. iii) Minutes and records of hearings before a Special Magistrate shall be kept and maintained by the City in the manner and to the extent required by law. The City shall provide necessary and reasonable clerical and administrative support to enable a Special Magistrate to perform his or her duties. A Special Magistrate shall not be authorized to hire or use the services of any person except those provided by the City to assist him in the performance of his duties. e. Appeal of civil citation to special magistrate. Any petitioner who wants to appeal the violation charged by a civil citation shall file with the City Clerk's Office a request for hearing on the form required by the code enforcement officer by 5:00 p.m. on the tenth day following the date of the service of the civil citation. Such requests may be mailed by the violator if such request is sent certified mail and post-marked before midnight on the tenth day following the date of the service of the civil citation. f. Hearing procedures. i) Hearings may be held at any time after giving the notice required by this section. All hearings shall be open to the public. 11 Ord. No. 9228-19 ii) The code enforcement inspector shall provide the Special Magistrate with a copy of the civil citation, the notice provided prior to issuance of the civil citation (if applicable), any recorded images related to the citation, and any other case history data prior to a hearing pursuant to this section. iii) Notice of hearing shall be provided by certified and first class mail, to the address provided by the violator in the request for hearing, at least 20 days before the hearing. iv) Cases on the agenda for a particular day shall be heard. All testimony shall be under oath and shall be recorded. The Special Magistrate shall take testimony from the code enforcement inspector, the petitioner and any other person with relevant information to the civil citation. The Special Magistrate shall review the case history and any recorded images. The Special Magistrate shall not be bound by the formal rules of evidence; however, he or she shall act to ensure fundamental due process in each case. v) The hearing may be continued once, prior to the hearing, at the discretion of the City, if the violator provides the City with written notice of the request to continue seven days before the scheduled date of the hearing. Any violator may cancel his or her hearing by paying the penalty stated on the civil citation plus administrative costs established by this section before the start of the hearing. This information including where to make payment and the accepted forms of payment shall be set forth in the notice of hearing. vi) At the conclusion of each hearing, the Special Magistrate shall determine whether a violation of the City Code has occurred, in which case the Special Magistrate shall uphold or dismiss the citation and issue a final order. If the citation is upheld, the final order shall order the violator to pay the penalty stated on the citation and shall order the violator to pay the administrative charges established by the code enforcement officer. The order shall be mailed to the violator along with a notice of the violator's right to rehearing under the provisions of Section 7-102H(2)(i) or the right to appeal under the provisions of Section 7- 102(H)(2)(j). 12 Ord. No. 9228-19 vii) If the violator fails to appear at the hearing, the violator shall be deemed to have waived the right to contest the citation, and the Special Magistrate will enter an order upholding the citation and ordering the violator to pay the penalty stated on the citation plus the administrative charges. g. Administrative charges. In addition to the penalty stated on the citation, administrative charges shall be assessed against the violator. The code enforcement officer shall establish the administrative charges, which charges shall at least cover all the costs to administer the appeal hearing. The cost associated with providing City staff for the hearing shall be considered part of the administrative charges. The code enforcement officer shall review the administrative charges every six months and adjust, if necessary, to assure coverage of all the costs incurred in providing the hearings. h. Rehearing. Either the prosecutor or the violator may request a rehearing of the decision of the Special Magistrate. A request for rehearing shall be made, in writing, and shall be delivered to the city clerk within ten days of the date that the Special Magistrate mails the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Special Magistrate. The written request for rehearing shall specify the precise reasons therefor. If such a rehearing request has been delivered to the city clerk, the Special Magistrate’s final order shall not be deemed rendered as that term is used in Section 7-102(H)(2)(j) as to any existing party until a signed, written order disposing of the rehearing request has been mailed to all parties. i. Appeal. Any aggrieved party including the City may appeal a final order of the Special Magistrate to the circuit court, if allowed, by filing for a petition for writ of certiorari within 30 days of rendition of the Special Magistrate’s final order. The date of rendition of the final order shall be the date the final order is mailed to the aggrieved party. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Magistrate. j. Collection of unpaid penalty. The code enforcement officer may establish procedures for the collection of any unpaid civil penalty and administrative costs. At the discretion of the code enforcement officer, the final order of the Special Magistrate for any unpaid fines or fines plus 13 Ord. No. 9228-19 administrative costs, if applicable, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Such liens may be foreclosed upon by the City subject to the state laws governing such code enforcement liens. k. Notices. i) All notices required by this part, other than the initial violation warning letter, must be provided to the violator by: (a) Certified mail to the address listed in the tax collector's office for tax notices or to the address listed in the county property appraiser's database, except the City may provide notice of a Special Magistrate hearing to any other address provided to the City by the alleged violator on the appeal hearing request form by first class mail. (b) Hand delivery; (c) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such persons of the contents of the notice; or (d) In the case of a violation at a commercial premises, leaving the notice with the manager or other person in charge. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citations during regular business hours. (e) Additional notice may be completed by posting a copy of the notice or citation in a conspicuous place upon the property which is the subject of the violation. Such posting, together with proof of mailing in subsection (1) shall be sufficient to show that the notice requirements were met without regard to whether or not the alleged violator actually received such notice. ii) For violations involving vehicles, vessels, or equipment which have a visible state license or registration, notice may be provided to the registered owner of the vehicle, 14 Ord. No. 9228-19 vessel, or equipment by certified mail to the owner's record address for the license or registration. In addition to such mailing, the notice may be provided in accordance with subsection (a) to the property owner where the vehicle, vessel, or equipment in violation is located. l. Schedule of violations and penalties. The list of violations with their corresponding classifications included in the Pinellas County Uniform Fine Schedule adopted by the Sixth Judicial Circuit of the State of Florida in its Administrative Order 2010-063 is hereby incorporated by reference. A person who receives a civil citation pursuant to this section shall be subject to a civil penalty in accordance with Section XX, Appendix A. All civil penalties collected pursuant to this section, less administrative costs, shall be placed in a fund restricted for nuisance abatement purposes throughout the city, including but not limited to payment of special magistrate fees, abandoned buildings, unsafe structures, unsecured properties and structures, and demolition. Section 5. Section 8-102 of the Clearwater Community Development Code is hereby amended to read as follows: Irreparable or irreversible violation means a violation that causes harm, damage, injury, or change that is incapable of correction, repair, or return to an original condition. Section 6. Appendix A, Section XX.—Civil Citation Penalties is hereby created to read as follows: XX. Civil Citation Penalties (§ 7-102(H)(2)): First Infraction Second Infraction Third Infraction Fourth Infraction and Each Subsequent Infraction Class I $200.00 $400.00 $500.00 $500.00 Class II $150.00 $300.00 $450.00 $500.00 Class III $125.00 $250.00 $375.00 $500.00 Class IV $100.00 $200.00 $300.00 $400.00 Class V $80.00 $160.00 $240.00 $320.00 Section 7. The City of Clearwater does hereby certify that the amendments contained in this Ordinance are consistent with, and in conformance with, the City’s Comprehensive Plan. 15 Ord. No. 9228-19 Section 8. 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 9. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 10. The provisions of this Ordinance shall take effect immediately following adoption. 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 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5443 Agenda Date: 1/17/2019 Status: Public HearingVersion: 2 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.11 SUBJECT/RECOMMENDATION: Provide direction on the proposed Development Agreement between Decade Properties, Inc. (the property owner) and the City of Clearwater, providing for the allocation of 27 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on February 7, 2019 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2018-10002; 850 Bayway Boulevard). SUMMARY: Development Proposal: The current proposal is to demolish all structures on the 0.661-acre site and build a single seven-floor hotel with 60 hotel rooms (91 units per acre). The 60 proposed units include 33 units otherwise permitted by the Resort Facilities High Future Land Use classification and an additional 27 units from the Hotel Density Reserve through Beach by Design. The building will be 80 feet (from Base Flood Elevation) to roof. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site will be accessed via two driveways with one two-way driveway located at the northeast corner of the property and the second driveway (an ingress-only) located at the northwest corner. The primary entrance and lobby of the building will be located along Bay Way on the second floor. The ground floor and the first four floors of the building will contain all 80 required parking spaces. Please note that the applicant has provided that floor one is the first floor over ground level parking in other words the floors run as ground, 1, 2, 3, 4, 5, 6 and 7. The ground floor includes 27 parking spaces. Floors one through three will include six hotel units as well as 14 parking spaces, each. The fourth floor will also include six units along with 11 parking spaces. Floors five through seven will include 12 hotel units each. A lobby/registration area is located on the ground floor at the northwest corner of the building. A small pool and patio area is provided on the fifth floor on the south side of the building. No additional amenities are proposed. The existing 26-slip dock is proposed to remain with 10 of the slips available only for hotel guests. The remaining 16 slips will be available for lease by the general public. This will result in two uses being established on the property; a hotel and a marina facility. A marina facility is defined in the Community Development Code (Article 8) as a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, chartering, launching, and dry-storage of boats and boating equipment. A marina is defined as any structure constructed on pilings over open water or supported by flotation on the water which provides three or more boat slips for the Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#18-5443 purpose of sale or lease. The Development Agreement includes specific language to limit the specific activities which may take place on the site ensuring that the “marina facility” component of the site will be compatible with the overnight accommodations component of the site as well as adjacent and surrounding uses. Specifically, activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment be strictly prohibited and that the marina slips shall be limited to sale and /or lease to privately-owned boats rather than commercial vessels for hire. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: The subject property is 28,800 square feet in area and approximately 240 feet wide. The proposed lot area and width may be approved as part of a Level One Flexible Standard development (FLS) application, subject to meeting the applicable flexibility criteria of the Community Development Code Minimum Setbacks: The conceptual site plan depicts setbacks to building of 15 feet along the front (south) along Bayway Boulevard, side (east and west) setbacks of 10 feet and a rear (south) setback of five feet (all to building). The proposed setbacks may be approved as part of a Level Two Flexible Development (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: The proposal provides for a building 80 feet in height as measured from BFE where a height of up to 100 feet is permitted for overnight accommodations. The proposed height is also permitted by the CDC subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application and as otherwise limited by Beach by Design. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 60-room overnight accommodation use with a 16-slip marina facility requires a minimum of 80 off-street parking spaces with 1.2 spaces per unit (72 spaces) for the hotel component and one space per two slips (eight spaces) for the 16-slip marina facility component. A parking garage component located on the ground and first four levels of the building will provide a minimum of 80 spaces where 80 spaces are required. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along the street frontage as required by Section A.6 of the Old Florida District within Beach by Design. Since no perimeter landscape buffers are otherwise required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Clearwater Pass District No specific development parameters are provided within the Clearwater Pass district section of Beach by Design. Page 2 City of Clearwater Printed on 1/17/2019 File Number: ID#18-5443 Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for the allocation of 27 units from the Hotel Density Reserve; §Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; §Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development; §Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; §That no hotel room in a hotel allocated units from the Reserve will have a full kitchen; §That a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and §Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Page 3 City of Clearwater Printed on 1/17/2019 File Number: ID#18-5443 Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Page 4 City of Clearwater Printed on 1/17/2019 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the _______ day of _______________, 201_, and entered into between DECADE PROPERTIES, INC. (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, 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 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 0.66 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to provide 60 overnight accommodation units, pool, lobby and parking, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B” (collectively, the improvements are the “Project”); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned hotel will contain 60 overnight accommodation units, which includes 27 units from the available Hotel Density Reserve (“Reserve Units”); 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 City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on ______________________, 201__, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval 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 WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 850 Bayway Blvd. as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 60 overnight accommodation units including 27 overnight accommodation units from the Hotel Density Reserve and have a density no greater than 150 units per acre. 4.2 The Project shall include a minimum of 80 parking spaces, as defined in the Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design. 4.4 The height of the Project shall be up to 80 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida and thirty (30) days have elapsed after transmitting to the Florida Department of Economic Opportunity, pursuant to Florida Statutes section 163.3239 and Code section 4-606.G.2. 5.2 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 for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 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. 6.1.2 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 Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning and Development Director as either inconsistent with attached Exhibit “B” or constituting a substantial deviation from attached Exhibit “B” shall require an amendment to this Agreement in accordance with the procedures of the 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. 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. 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 of the date of expiration, termination or revocation no rights of Developer remain or will be exercised 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. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. 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. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11 Limitation on Marina Facility. 6.1.11.1 The Developer agrees that activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment is strictly prohibited. 6.1.11.2 The Developer agrees that the number of conveyable marina slips shall be limited to no more than 16. The City acknowledges that there are 10 additional marina slips for the sole use of the hotel. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. 6.1.11.4 The Developer agrees that a deed restriction outlining Sections 6.1.11.1 through 6.1.11.3 shall be submitted to Staff prior to the issuance of any permits. 6.2 Obligations of the City. 6.2.1 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. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 The project shall receive 27 units from the Hotel Density Reserve as defined by Beach by Design. In no way shall this be construed to permit the development density of the Property to exceed 150 units per acre. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following:  Recognition of standard data sources as established by the MPO;  Identification of level of service (LOS) standards for state and county roads as established by the MPO;  Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance;  Utilization of the MPO Traffic Impact Study Methodology; and  Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations 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 of new 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. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance 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 requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Decade Properties, Inc. 13555 Bishops Court, Suite 345 Brookfield, Wisconsin 53005 With Copy to: Brian J. Aungst, Jr., Esq. 625 Court Street, Suite 200 Clearwater, Florida 33756 If to City: City of Clearwater Attn: City Manager 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 deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to 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 such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors 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 ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, 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 codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: ___________________________________ ______________________________ __________________________________ Print Name_____________________ Print Name ______________________________ Print Name_____________________ As to Developer 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 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 EXHIBIT “A” LEGAL DESCRIPTION: LOT 12, BLOCK D, OF BAYSIDE SUBDIVISION NO. 6, UNIT "A'', ACCORDING TO THE MAP OR PLAT THEREOD A S RECORDED IN PLAT BOOK 51, PAGES 48 AND 49, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA LOTS 13, 14, AND 15, BLOCK D, OF BAYSIDE SUBDIVISION NO. 6, UNIT "C", ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 55, PAGES 19 AND 20, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. FLOOD STATEMENT: THIS PROPERTY LIES IN FLOOD ZONE "AE", BASE FLOOD 11, ACCORDING F.E.M.A. FLOOD INSURANCE RATE MAP # 12103C0104G, DATED SEPTEMBER 3, 2003. EXHIBIT “B” Conceptual Site Plan EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the _____ day of _________________, 201__, by DECADE PROPERTIES, INC. ("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 of mid-size 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 a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels 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 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 __________, passed and approved on ____________, 201__, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain 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, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. 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 of the residents of the 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. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 27 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, 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. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements 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 security personnel required to protect the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's 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 through order of a court of competent jurisdiction. 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 be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of ______________, 201__. In the Presence of: ______________________________ By:__________________________________ Print Name_____________________ ___________________________________ ______________________________ Print Name Print Name_____________________ As to Developer 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 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: EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ _________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this _____ day of _____________, 201__, by DECADE PROPERTIES, INC. (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated ___________, 201__ (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a limited-service hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this _____ day of ______________, 201__. In the Presence of: _____________________________________ ___________________ ______________________________ By:__________________________________ Print Name_____________________ _________________________________ Print Name ______________________________ Print Name_____________________ As to Developer 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 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: Resolution No. 18-18 RESOLUTION NO. 18-18 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND DECADE PROPERTIES, INC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Decade Properties, Inc.; 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 Properties, Inc., a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the 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 _____________, 2019. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk 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 Permit Status is completed. 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; Permit Status is completed. 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013-03001 / HDA2014-02001 / FLD2013-03011 / FLD2014-03007 BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. 316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is completed. 300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is completed. 521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 Constructed 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 completed. 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 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 Completed; BCP2016-01459 - issued 03-29-2016 and is Completed. 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)71 139 1.26 110.32 68 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001 FLD2012-03008 approved; time extension granted 10-10-2018: site plan expiration is 09-19-2020; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications filed on 10-03-2018 (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total propsoed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). 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 10-10-2018: site plan expiration is 10-28-2022; BCP not submitted as of 11-08-2018 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 10-10-2018: site plan expiration is 02-12-2021 BCP not submitted as of 11-08-2018 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 11-08-2018 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 11-08-2018 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 11-08-2018 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 11-08-2018 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 11-08-2018 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 9/11/2018 9/11/2019 9/11/2019 HDA2018-04001 / FLD2018-05012 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 FLD2015-09036 approved; time extension granted 12-29-2017; site plan expiration is 08-16-2021; BCP not submitted as of 11-08-2018 * 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 - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227100 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 850 Bayway 27 60 0.661 90.77 33 N/A TBD TBD TBD HDA2018-10002 in review; complete; first CC 12-06-2017; second CC scheduled 01-17-2019 Total Rooms Pending Allocation 27 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,350 Total Rooms Pending Allocation 27 Total Remaining For Allocation 8 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. 10 Bay Esplanade 35 TBD 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) Total Rooms Returned 129 HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE HOTEL DENSITY RESERVE PROJECTS - PENDING From: Watkins, Sherry <Sherry.Watkins@myClearwater.com> Sent: Monday, December 03, 2018 2:18 PM To: Call, Rosemarie <Rosemarie.Call@myClearwater.com> Cc: Sprague, Nicole <Nicole.Sprague@myClearwater.com>; Parry, Mark <Mark.Parry@MyClearwater.com> Subject: FW: 850 Bayway; HDA2018-10002; Parcel No. 17-29-15-05058-004-0130 Rosemaire, Please find email below that was received. Letter of objection: HDA2018-10002 - Decade Properties Inc., 850 Bayway Blvd. Good afternoon, Please find email below for case HDA2018-10002 - Decade Properties Inc., 850 Bayway Blvd going to the January going to City council on January 17 & February 07, 2019. For City Council. Thank you, Sherry L. Watkins, Administrative Analyst City of Clearwater, Planning and Development Department 100 S Myrtle Avenue, Suite 210 Clearwater Florida 33756 727-562-4582 From: Parry, Mark <Mark.Parry@MyClearwater.com> Sent: Tuesday, November 27, 2018 10:58 AM To: Watkins, Sherry <Sherry.Watkins@myClearwater.com> Subject: 850 Bayway; HDA2018-10002; Parcel No. 17-29-15-05058-004-0130 Sherry, I have a letter of objection to the proposal for the record. Mark From: John <john.bechakas@verizon.net> Sent: Tuesday, November 27, 2018 10:05 AM To: Parry, Mark Subject: Parcel No. 17-29-15-05058-004-0130 HDA2018-10002 Assigned Planner: Mark Parry We are contacting the Planning and Development Department to formally lodge our strongest objection to this project. We believe further commercial development in Clearwater Point 3 will result in uncalled for additional congestive traffic and be a detriment to our quiet community atmosphere. Hopefully other residents feel as strongly. Sincerely, John and Toula Bechakas 868 Bayway Blvd Apt 310 Clearwater Beach, FL 33767 From: Watkins, Sherry <Sherry.Watkins@myClearwater.com> Sent: Monday, December 03, 2018 2:20 PM To: Call, Rosemarie <Rosemarie.Call@myClearwater.com> Cc: Sprague, Nicole <Nicole.Sprague@myClearwater.com>; Parry, Mark <Mark.Parry@MyClearwater.com> Subject: FW: Proposed Hotel 850 Bayway Good afternoon Rosemarie, Information for City Council members. Letter of objection: HDA2018-10002 - Decade Properties Inc., 850 Bayway Blvd. Good afternoon, Please find email below for case HDA2018-10002 - Decade Properties Inc., 850 Bayway Blvd going to the January going to City council on January 17 & February 07, 2019. Thank you, Sherry L. Watkins, Administrative Analyst City of Clearwater, Planning and Development Department 100 S Myrtle Avenue, Suite 210 Clearwater Florida 33756 727-562-4582 From: Parry, Mark <Mark.Parry@MyClearwater.com> Sent: Monday, December 03, 2018 12:23 PM To: Watkins, Sherry <Sherry.Watkins@myClearwater.com> Subject: Fw: Proposed Hotel 850 Bayway Sherry, Can you make sure that the appropriate people get this letter? Mark From: Anna Camposeo <anna@gowithanna.ca> Sent: Monday, December 3, 2018 12:14 PM To: Parry, Mark Subject: Re: Proposed Hotel 850 Bayway Mr Parry, Please accept this email as our input in regards to the proposal at 850 Bayway Blvd. We are owners of a condo unit across the street at 851 Bayway Blvd. Our condo unit faces the current hotel. As it stands now, we get a view of the intercoastal, which is the only view we have. If this proposed hotel goes up, we will lose this view completely as will every other condo unit on the same side of our building as well as the other units in the other 3 high-rises. This not only affects our single unit but many, many others. We do not have the privilege of having the view of the ocean and by taking this view away, it will drastically have an effect on our condo value. Who's going to want a buy a condo looking at a high-rise hotel?? Again, I re-iterate, this will affect many, many condo units in our buildings, so I speak on behalf of them as well. Secondly, being on the southern most point of Clearwater Beach where our Condo Association is now, which comprises of several low-rises and several high-rises, the traffic is almost non- existent and a non-issue. With addition of this proposed hotel, the additional traffic and noise will affect the many senior citizens in our complexes. It will be unsafe for them to have more cars. Many of us condo owners rely on the street parking, which already has the overflow of those visiting the main beach affecting us. Thirdly, our complexes do not have gated pool areas nor does it have our private beach gated. With this new proposed hotel and many hotel guests that will most likely not follow the rules, we feel that there will be trespassing and will effect our quiet enjoyment of the property. We understand the growth that the area very well, and we support it actually, however not in our neighborhood that simply does not call for it. It belongs on the main beach. THIS HOTEL DOES NOT BELONG AMONGST US IN OUR QUIET AND TRAFFIC CALM NEIGHBORHOOD, WHERE MOST OF THE RESIDENTS ARE SENIOR CITIZENS, IT BELONGS ON THE MAIN STRIP OF CLEARWATER BEACH WHERE THERE IS ALREADY THE "HUSTLE AND BUSTLE". KEEP THIS HOTEL AWAY FROM US!!! Owners, Anthony and Anna. On Mon, Dec 3, 2018 at 9:48 AM Parry, Mark <Mark.Parry@myclearwater.com> wrote: Oh, I wouldn't say that. In fact, the opportunity for public input at a public hearing will be, barring any other continuances, January 17th with a second opportunity on February 7th. Plus you can always contact the council or send in a letter to me which I will forward along to the Council (email works just fine, too). Mark From: Anna Camposeo <anna@gowithanna.ca> Sent: Friday, November 30, 2018 5:41:51 PM To: Parry, Mark Subject: Re: Proposed Hotel 850 Bayway Hi Looks like it’s well beyond the stage of public input and pretty much about to be approved? Anna Camposeo Re/Max Jazz Inc. Brokerage 905-728-1600 GoWithAnna.ca On Nov 30, 2018, at 8:38 AM, Parry, Mark <Mark.Parry@MyClearwater.com> wrote: I've attached the applicant's submittal. Right now, the applicant is requesting approval of an allocation of 27 hotel units from the Reserve pursuant to Beach by Design and approval of a conceptual site plan and elevations. Let me know if you need anything else. Mark From: Anna Camposeo <anna@gowithanna.ca> Sent: Friday, November 30, 2018 7:46:10 AM To: Parry, Mark Subject: Fwd: Proposed Hotel 850 Bayway > > Hello > Can I get the 89 page report. Also, at what stage of planning/approval is this at, we’d like to contest! > > Anna Camposeo <DRC Resubmittal Decade Properties HDA Development Agreement Application reduced.pdf> -- Anna Camposeo, Sales Representative Re/Max Jazz Inc. Brokerage www.gowithanna.ca 905-728-1600 Awarded 2016 & 2017 RE/MAX Integra 100% Club Award From:Watkins, Sherry <Sherry.Watkins@myClearwater.com> Sent:Tuesday, December 11, 2018 3:50 PM To:Call, Rosemarie <Rosemarie.Call@myClearwater.com> Cc:Sprague, Nicole <Nicole.Sprague@myClearwater.com> Subject:FW: Proposed high rise hotel at 850 Bayway - Bayway? No way! Email received for HDA2018-10002 - Decade Properties Inc. going to CC 01/17/2019. Thank you, Sherry L. Watkins, Administrative Analyst City of Clearwater, Planning and Development Department 100 S Myrtle Avenue, Suite 210 Clearwater Florida 33756 727-562-4582 From:Parry, Mark <Mark.Parry@MyClearwater.com> Sent:Tuesday, December 11, 2018 8:38 AM To:Watkins, Sherry <Sherry.Watkins@myClearwater.com> Subject:Fw: Proposed high rise hotel at 850 Bayway - Bayway? No way! Can you pass this email, below, along? Mark From:Steven Alston <sa@stevenalston.com> Sent:Monday, December 10, 2018 8:26 PM To:Parry, Mark Subject:Re: Proposed high rise hotel at 850 Bayway - Bayway? No way! Hello Mr. Parry, As a resident and board member of Clearwater Point 8, I completely agree with Mr. Cliff's insight. My informal polling of the owners here suggest that the feelings are pretty much shared throughout the entire community. Thanks, Steven Alston 919-889-2340 On Thu, Dec 6, 2018 at 5:05 PM Barry Cliff <bcliff1@tampabay.rr.com> wrote: To: Mark Parry (Planning Officer) Mark, I am writing to you in connection with the proposed new high-rise hotel to be built on the site of the existing Chart House hotel in Clearwater Point. In my opinion this is not a desirable project for local residents or for the overall ambience of the neighborhood. The neighborhood in which the hotel is proposed, Clearwater Point (the area to the east of the Sand Key bridge), has long been a quiet haven on Clearwater Beach. There are no hotels there now, save for the small, low-density Chart House. There are also no buildings higher than about 4 floors on the water side of the road. For these reasons alone a high rise hotel of 90 rooms seems entirely inappropriate. It would stick out like a sore thumb, negatively affect the peace and quiet of the neighborhood, and will no doubt become the thin edge of the wedge for further commercial projects. Please also note: The deleterious effect of a high-rise hotel on the views of very many condos in the high rises of Clearwater Point, and the consequent knock-on effect on property values. The undesirable increase in traffic, both automobile and pedestrian, around Clearwater Point. No doubt the expectation of hotel guests will be access to the beach. In fact the nearest LEGAL beach access is over ½ mile away, being the public beach across the Beachwalk. It is an absolute certainty that hotel guests will attempt to access the lovely beach on the Point by trespassing thru our private Beach pool area or trespassing via the corner of Island House (895 Gulfview) If a developer wants to build another hotel on Clearwater Beach there are many lots available (not on Clearwater Point) with much better access to local facilities and to the beach. In short, this project serves only the interests of the real estate owner/developer and holds no value whatsoever for local residents, and in fact is extremely detrimental to our interests. I doubt that there is anyone on the list of Clearwater Point residents copied on this email who think this proposed hotel is an acceptable idea. I invite the copied persons to make their feelings known to Mark Parry (the planning officer for this project) who has told me he will forward any communications about this to city hall. Regards. Barry Cliff 895 Gufview Blvd #304 (owner/resident) Clearwater Beach FL 33767 (727) 510-9904 Virus-free. www.avg.com -- _____________ The information contained in this message is proprietary and/or confidential. If you are not the intended recipient, please: (i) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately. Thank you. _____________ 1 STATEMENT IN OPPOSITION TO THE PROPOSED DEVELOPMENT AT 850 BAYWAY BLVD. (Case No. HDA2018-10002) The proposal before this Council regarding the development at 850 Bayway Boulevard requests the approval of an additional 27 rooms to be allocated to the proposed development from the Clearwater Beach by Design Hotel Density Reserve (“HDR”). Such a proposal should be rejected by this Council for two reasons, first, the development in question does not lie in the area designated by the City’s Comprehensive Plan as being able to draw from the HDR, and second, the character of Clearwater Point would be radically altered in contravention of Beach by Design by allowing such a development. I.The Development in Question Does Not Lie in the Area Designated as being able to Draw from the HDR In 2008, the City of Clearwater issued its Comprehensive Plan for the continued development of Clearwater Beach. As part of this, the City created the Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (“Beach by Design”). Beach by Design aimed to encourage redevelopment by providing development incentives and the establishment of distinct districts within Clearwater Beach. (Comprehensive Plan A.6.1.1 and A.6.1.2). Beach by Design also called for, amongst other things, the enhancement of public rights of way and transportation improvements, as well as prioritizing and preserving high-quality residential housing with a premier quality of life. (Comprehensive Plan A.6.1.2; Beach by Design p. 39). Clearwater Beach was divided into several districts pursuant to Beach by Design to which Beach by Design applied. (Comprehensive Plan A.6.1.3) These areas would become subject to certain building specifications and requirements under Beach by Design. Figure 1 – Beach by Design Application and Land Use Districts 2 As one of the incentives for redevelopment, Beach by Design established the HDR. The HDR was designed as a “density pool of additional hotel rooms” established to entice redevelopment. The use of the HDR was to be limited to the following areas: 1. The land located between Mandalay Avenue and the Gulf of Mexico between Rockaway Street and Papaya Street; and 2. The land located south of the Pier 60 parking lot and north of the southerly lot lines of Lots 77 and 126 of the Lloyd-White-Skinner Subdivision between South Gulfview Boulevard and Coronado Drive. (Comprehensive Plan A.6.1.4). Figure 2 – Clearwater Beach with Area HDR Use Permitted Per Comprehensive Plan Shaded A plain reading of the Comprehensive Plan provided a clear mandate that the availability of the HDR rooms was to be limited to the shaded area above. Thus, by the plain language of the Comprehensive Plan, Beach by Design would not permit the HDR to be used at 850 Bayway Blvd. Simply put and as evidenced in Figure 3, the proposed development is not within the area permitted by the plain language of the Comprehensive Plan to draw from the HDR. 3 Figure 3 – Plain Language Reading of A.6.1.4 with Proposed Development Marked While the plain language of A.6.1.4 is clear, if read differently, one may determine that the southern boundary runs to Gulf Boulevard, following a theoretical extension of Coronado Drive. Figure 4 – Theoretical Expansion of Coronado Drive HDR Use Permitted Area Shaded 4 Indeed, it appears that this reading has taken effect more than the plain language reading. When one looks at the use of the HDR rooms to date, the majority have fallen into the plain language reading, yet several have been located in the corridor south of Gulfview and west of Gulf Boulevard. Figure 5 – Usage of the HDR Rooms through 2018 5 Figure 6 – Usage of the HDR Rooms through 2018 with Coronado Drive Reading Overlay Even under the reading which this Council has appeared to follow in the past, the “Extended Coronado Drive” reading, each and every use of the HDR south of Pier 60 falls in the zone shaded above. The proposed development will not. Figure 7 – “Extended Coronado Drive” Reading of A.6.1.4 with Proposed Development Marked For the duration of the HDR, this council has never approved a development that fell outside of the “Extended Coronado Drive” reading. It has consistently stayed within the confines of the Comprehensive Plan that the City developed in order to ensure the character of Clearwater Point remains the same. Such was outlined in the Beach by Design plan itself. This council should not take this opportunity, practically the last of the hotel density reserve rooms, to grant a development that would contravene the law and this council’s practice. II. Permitting the Development would Alter the Character of Clearwater Point in Contravention of Beach by Design Beach by Design was adopted by the City seeking to strike a fine balance between Clearwater Beach as a tourist destination and a residential area. (Beach by Design p. 39). “The residents on the Barrier Islands represent a fiscal benefit to the City; that is they pay more in taxes than they demand in services.” Id. Equally important, Clearwater’s attractiveness as a business location, is, as is every other city in Florida, directly related to the availability of accessible, high-quality housing with a premier quality of life. Id. If the proposed application is denied, the City will have maintained its stated goals when adopting Beach by Design and issuing the Comprehensive Plan in 2008. The City has never permitted any reserve 6 density units in the residential areas carved out in the Comprehensive Plan. If the proposed application is granted, however, the City will have for the first time chosen to ignore its stated goal of maintaining and enhancing the residential areas of the Beach. Make no mistake, the peninsula to the east of the Sand Key Bridge (commonly “Clearwater Point”) is residential in nature. Clearwater Point was developed in the 1970s to establish a residential condominium community of quiet and peaceful enjoyment. The Clearwater Yacht Club and The Chart House are no exceptions. The Chart House was not only originally created to support the condominium residents on Clearwater Point, but it has operated to support the residential setting by offering suites in a quiet, laid back setting commonly utilized by residents to house visiting family and guests. Indeed, The Chart House is marketed by the applicant as “pleasantly removed from the hustle and bustle of popular tourist areas.” For the past 45 years, the City has preserved Clearwater Point as a residential area and has maintained the residents’ quality of life by discouraging major traffic, limiting excessive noise and lighting, and preserving the green space enjoyed by the residents and their families. The City has discouraged the interruption of Clearwater Point residents’ peace and quiet enjoyment by discontinuing metered parking at Bayway Blvd. and Gulf Blvd. SW, discontinuing holiday decorations where Clearwater Point begins and placing a “traffic control device” expressly discouraging tourists from entering Clearwater Point (Figure 8). Maintaining the quiet enjoyment of this residential neighborhood must remain a priority. Figure 8 – Sign: “No Motels or Beaches Beyond This Point” Gulview and Gulf Blvd. SE In addition to the adverse impact on the resident’s peaceful enjoyment, the allocation of HDR units to Clearwater Point will negatively impact the residents’ safety and security, residential traffic, the value of the condominiums/townhomes owned by the 465+ Clearwater Point families (with tax implications for Pinellas County and Pinellas County Schools), and will likely require costly infrastructure and growth management. The last remaining HDR units should be allocated in a way to benefit all City residents without the negative impacts this project inevitably interjects. 7 Permitting the transformation a boutique suite hotel into a high-density tourist attraction will negatively impact the safety and security of the 465+ families and the common elements enjoyed by them as condominium/townhome owners. The Clearwater Point residences already pay for security to protect them, their three private pools, beach, tennis courts, shuffleboard court, and a grilling and picnic area. Additional security will be required in order to prevent unauthorized access to these locations and the quiet peace and enjoyment will be compromised even if additional security measures are taken. Further, the additional traffic congestion on Bayway Blvd. not only causes a safety concern during emergency situations and potential evacuations, but the day-to-day life of the residences entering and exiting Clearwater Point will be negatively impacted. During construction, much of Bayway Blvd. will inevitably be blocked by construction vehicles and equipment. More to the point, daily congestion will result from loading and unloading supplies to a high density resort hotel. For example, trucks loading on Coronado Drive block the center turn lane of the road. (See Figure 9). Figure 9 - Three trucks loading on Coronado Drive. 8 Figure 10 - Garbage truck on Bayway Blvd. On Bayway Blvd., however, as depicted in Figure 10 above, the two-way streets are susceptible to complete blockage as a result of loading vehicles. There is no turning lane for the loading trucks to use and traffic will come to a standstill during critical commuting hours. Allocating HDR units will likely require costly infrastructure and growth management. No HDR units have been allocated on Clearwater Point and the streets, sewer service, potable water, drainage, as well as fire and crime protection will be affected. Notably, the existing transportation system for the Beach does not extend to the east of Sand Key Bridge into Clearwater Point. (See Figure 11). Conversely, the roads are designed to support a residential neighborhood and have not been designed to provide support to a tourist destination. Figure 11 – Existing Transportation System/Clearwater Beach 9 Additionally, the market values and assessed values of the townhomes and condominiums will be negatively impacted by placing and approving a high-density hotel on Clearwater Point. Not only will the decreased view of the water drive values down for many residents, but the proposed high-density hotel will make this residential area far less attractive to prospective purchasers. Brokers have estimated up to a 20% decrease in value as a result of the high-density hotel. HDR units are designed to support the City’s goals, not defeat them for the sake of a single project. The City should deny Decade Properties, Inc.’s application for allocation of 27 units from the HDR under Beach by Design and preserve Clearwater Point’s residential character. Respectfully submitted on behalf of the Residents of Clearwater Point, Robert L. Chapman Florida Bar No. 64748 Ali V. Mirghahari Florida Bar No. 1003493 SIVYER BARLOW & WATSON, P.A. 401 E. Jackson Street, Suite 2225 Tampa, FL 33602 (813)221-4242 (telephone) (813)227-8598 (facsimile) rchapman@sbwlegal.com rlcassistant@sbwlegal.com amirghahari@sbwlegal.com _____________________________ 10‐01‐2019 1 Robert L. Chapman, Esq. Ali V. Mirghahari, Esq. Sivyer Barlow & Watson, P.A. Opposition to the Proposed Development at 850 Bayway Blvd. The Development Does Not Lie in the Area Designated to Draw from the Hotel Density Reserve 1 2 10‐01‐2019 2 Beach by Design •Adopted by the City in 2008 •Aimed to encourage redevelopment by providing development incentives •Called for the enhancement of public rights of way and transportation improvements •Prioritized preserving high‐quality residential housing with a “premier quality of life.” 3 The Hotel Density Reserve •Beach by Design established the HDR as an incentive for redevelopment •Designed as a “density pool of additional hotel rooms” that would be used to entice redevelopment •Nearly all of the HDR has been depleted, with only 8 rooms of the original 1300+ remaining 4 3 4 10‐01‐2019 3 The HDR Applies to a Set Area •Comprehensive Plan A.6.1.4 limits the use of the HDR to: •1. The land located between Mandalay Avenue and the Gulf of Mexico between Rockaway Street and Papaya Street; and •2. The land located south of the Pier 60 parking lot and north of the southerly lot lines of Lots 77 and 126 of the Lloyd‐White‐Skinner Subdivision between South Gulfview Boulevard and Coronado Drive. Alternative Reading of the HDR •While the plain language of A.6.1.4 is clear, if read differently, one may determine that the southern boundary runs to Gulf Boulevard, following a theoretical extension of Coronado Drive. 5 6 10‐01‐2019 4 •The use of the HDR to date follows the second reading •Almost all of the HDR rooms have been assigned to hotels. •Less than 1% of HDR rooms remain outstanding •EACH AND EVERY USE OF THE HDR FALLS INTO THE SECOND READING The Proposed Development Falls Outside of the Area of Either Reading 8 7 8 10‐01‐2019 5 The HDR Should Not Be Used Here •This Council has never approved a development that fell outside of the “Extended Coronado Drive” reading. •It has consistently stayed within the confines of the Comprehensive Plan that the City developed in order to ensure the character of Clearwater Point remains the same. •Such was outlined in the Beach by Design plan itself. •This Council should not take this opportunity, practically the last of the HDR rooms, to grant a development that would contravene the law and this Council’s practice. 9 The Development Would Drastically Alter the Character of Clearwater Point 9 10 10‐01‐2019 6 The Goals of Beach by Design •Beach by Design was adopted by the City seeking to strike a fine balance between Clearwater Beach as a tourist destination and a residential area. •“The residents on the Barrier Islands represent a fiscal benefit to the City; that is they pay more in taxes than they demand in services.” •The City has never permitted any reserve density units in the residential areas carved out in the Comprehensive Plan. •If the proposed application is granted, however, the City will have for the first time chosen to ignore its stated goal of maintaining and enhancing the residential areas of the Beach. 11 Clearwater Point •Make no mistake, the peninsula to the east of the Sand Key Bridge (commonly “Clearwater Point”) is residential in nature. •Clearwater Point was developed in the 1970s to establish a residential condominium community of quiet and peaceful enjoyment. •The Clearwater Yacht Club and The Chart House are no exceptions. The Chart House was not only originally created to support the condominium residents on Clearwater Point, but it has operated to support the residential setting by offering suites in a quiet, laid back setting commonly utilized by residents to house visiting family and guests. •Indeed, The Chart House is marketed by the applicant as “pleasantly removed from the hustle and bustle of popular tourist areas.” •For the past 45 years, the City has preserved Clearwater Point as a residential area and has maintained the residents’ quality of life by discouraging major traffic, limiting excessive noise and lighting, and preserving the green space enjoyed by the residents and their families. 12 11 12 10‐01‐2019 7 Impact on Clearwater Point •485+ Families •Safety and Security will be impacted •Harsh Traffic Impact •Value of the Properties will decrease •Blocking of Bayway Boulevard •BAYWAY BOULEVARD CANNOT HANDLE THE DEMAND 13 14 13 14 10‐01‐2019 8 15 Deny the Application 16 The people of Clearwater Point do not want this development to move forward 01 The City Council has received numerous objections 02 Approval would require going against the Council’s own precedent 03 Approval would go against the mandate of the Comprehensive Plan and Beach by Design 04 Approval would radically alter Clearwater Point 05 A Yes vote is a vote against the citizens of Clearwater 06 15 16 10‐01‐2019 9 VOTE NO. 17 17 1 Call, Rosemarie From:CHRISTINE BEHAN <sibemd@gmail.com> Sent:Thursday, January 10, 2019 10:50 PM To:Call, Rosemarie Subject:Decade Properties Expansion Dear Mayor and City Council Members, I respectfully ask that you preserve Clearwater Point by voting NO on allocating 27 Units to Decade Properties. Thank you for your attention to this matter. C.Behan 895 S. Gulfview Blvd Clearwater 1 Call, Rosemarie From:Panagiota Spyris <pegalagonia@hotmail.com> Sent:Friday, January 11, 2019 10:24 AM To:Call, Rosemarie Subject:Preserve Clearwater Point “Dear Mayor and City Council Members: I’m respectfully asking you to Preserve Clearwater Point and VOTE NO on allocating 27 Units to Decade Properties” Sincerely Panagiota SPYRIS Kenneth J. Kuna5154 Walnut Hills Drive Brighton, MI 48116 E-mail: ken.kuna@gmail.com Mobile: 734/751-4100 January 9, 2019 Clearwater City Council PO Box 4748 Clearwater, FL 33758-4748 Regarding: Developer’s Request for 60 Room Hotel on Clearwater Point! Members of the City Council, Please accept this letter as my objection to the development of a 60 room hotel on Clearwater Point. I believe a developer is requesting approval to raze the existing structure and erect a 60 room high-rise hotel on the property. I have been fortunate to visit my family members who reside on Clearwater Point. The current housing density and design in the area allows us to enjoy the beach, the pools, the barbeque pits and more in the relaxed atmosphere that is the hallmark of Clearwater Point. We’ve thoroughly enjoyed this beautiful and peaceful community where the neighbors enthusiastically and justifiably greet you with “Welcome to Paradise!” It’s a community experience that has persisted for over 50 years. Therefore, we are concerned that the experience that has been carefully cultivated for so long will be lost forever if this property is developed in this way. The increased population density from the guests will generate heavy vehicle traffic (personal vehicles of the hotel clients plus the service vehicles) with the attendant safety and noise problems. The addition of much more concrete paving and building surface will amplify the noise level in the whole community. And the addition of these rooms will further burden the municipal services infrastructure. This is particularly concerning given that the property is constrained on almost all sides by water with no opportunity to find ways to ameliorate the problems this project presents. The nature of this community, so carefully managed for so long, will be permanently and detrimentally changed. For these reasons, we encourage the City Council to DENY the developer’s proposal and keep Clearwater Point, as it has been for years, a place for “quiet enjoyment.” We appreciate your time and attention to our request. Sincerely, Kenneth Kuna Kathleen Kuna 1 Call, Rosemarie From:Antonio <a.valente@mail.com> Sent:Monday, January 14, 2019 2:50 PM To:Call, Rosemarie Subject:Development proposal at Clearwater Point Dear Mayor and City Council Members: I’m respectfully asking you to preserve Clearwater Point and I VOTE NO on allocating 27 units to Decade Properties for development at Clearwater Point. Sincerely, Antonio Valente, owner 855 Bayway Boulevard, unit 405 Clearwater Beach, FL 33767 (416)414‐6387 Sent from my iPad 1 Call, Rosemarie From:Barry Cliff <Barry.Cliff@iasadmin.com> Sent:Saturday, January 12, 2019 10:49 AM To:Call, Rosemarie Subject:Vote no on Bayway hotel please Dear Mayor and City Councilors, I am writing to you in connection with the proposed new high‐rise hotel to be built on the site of the existing Chart House hotel in Clearwater Point. In my opinion this is not a desirable project for local residents or for the overall ambience of the neighborhood. The neighborhood in which the hotel is proposed, Clearwater Point (the area to the east of the Sand Key bridge), has long been a quiet haven on Clearwater Beach. There are no hotels there now, save for the small, low‐density Chart House. There are also no buildings higher than about 4 floors on the water side of the road. For these reasons alone a high rise hotel of 90 rooms seems entirely inappropriate. It would stick out like a sore thumb, negatively affect the peace and quiet of the neighborhood, and will no doubt become the thin edge of the wedge for further commercial projects. Please also note:  The deleterious effect of a high‐rise hotel on the views of very many condos in the high rises of Clearwater Point, and the consequent knock‐on effect on property values.  The undesirable increase in traffic, both automobile and pedestrian, around Clearwater Point.  No doubt the expectation of hotel guests will be access to the beach. In fact the nearest LEGAL beach access is over ½ mile away, being the public beach across the Beachwalk. It is an absolute certainty that hotel guests will attempt to access the lovely beach on the Point by trespassing thru our private Beach pool area or trespassing via the corner of Island House (895 Gulfview)  If a developer wants to build another hotel on Clearwater Beach there are many lots available (not on Clearwater Point) with much better access to local facilities and to the beach. In short, this project serves only the interests of the real estate owner/developer and holds no value whatsoever for local residents, and in fact is extremely detrimental to our interests! I doubt that there are ANY Clearwater Point residents who think this proposed hotel is an acceptable idea. Please vote “no” on ceding 27 units to Decade properties on Jan 17th. Regards, Barry Cliff 895 Gulfview Blvd #304 (owner/resident) Clearwater Beach FL 33767 (727) 510‐9904 1 Call, Rosemarie From:Carla Walser <islndgr4@aol.com> Sent:Monday, January 14, 2019 10:19 AM To:Call, Rosemarie Subject:Clearwater Point "Dear Mayor and City Council Members: I'm respectfully asking you to Preserve Clearwater Point and VOTE NO on allocating 27 Units to Decade Properties." 1 Call, Rosemarie From:Chris Stevenson <cl3sons@aol.com> Sent:Saturday, January 12, 2019 5:00 PM To:Call, Rosemarie Subject:Clearwater Point Dear Mayor and City Council Members, I’m respectfully asking you to Preserve Clearwater Point and VOTE NO on allocating 27 Units to Decade Properties. Sincerely, Chris Stevenson Resident of Commodore 855 Bayway Blvd. Sent from my iPhone 1 Call, Rosemarie From:Chris Michalek <cmichalek12@gmail.com> Sent:Sunday, January 13, 2019 8:32 AM To:Call, Rosemarie Subject:VOTE “NO” on the allocation of 27 Units to Decade Properties Dear Mayor Cretekos and Clearwater City Council Members, Several of us from Clearwater Point met with each of you this past week. Thank you for listening. Personally, I had the opportunity to meet with you, Mayor, and we discussed Decade Properties’ proposal to raze the Chart House and build an 8 floor, 96’ high, 60 room hotel, covering 75% of 661 acres with concrete and postcard size natural landscaping. Our group of 4, myself, my husband Rudy along with Ken Reilly and Peggy Spyris shared several reasons why we are concerned about this major change in our family, residential community. I know that we mentioned that we are not against further enhancing of our beautiful Clearwater Beach area; however, we feel that any new hotels should be built (as they have been to date) WEST of the "Point." As you know, there are many hotels "in the works" to include replacing of the current Dreamview with a new Marriot there plus another planned hotel on the lot where the old Holiday Inn stood, i.e., the corner of Gulfview and Gulf Boulevards. I respectfully ask you again that you vote “NO” to Decade’s request for 27 Units from the Density Reserve. Thank you for meeting with us. Sincerely, Christine (Chris) Michalek Clearwater Point - The Commodore 855 Bayway Boulevard # 707 Clearwater Beach, Florida 33767 cell: 214-923-6549 1 Call, Rosemarie From:Darrah Malcolm <dam7530@comcast.net> Sent:Tuesday, January 15, 2019 11:07 AM To:Call, Rosemarie Dear Mayor and City Council Members: I am respectfully asking you to preserve Clearwater Point and VOTE NO on allocating 27 units to Decade Properties. Thank you for your help and consideration. Darrah A. Malcolm 825 S. Gulfview Blvd Admiral House unit 110 Sent from my iPhone 1 Call, Rosemarie From:dimas chbane <dchbane@hotmail.com> Sent:Saturday, January 12, 2019 9:12 AM To:Call, Rosemarie Subject:Clearwater Point Dear Mayor and City Council Members: I live in Clearwater Point all year long and have the condo since 2002. The reason that I live here is because it is very quiet, practically isolated from the rest of the island, which is already "choked" with all the new constructions in the recent years. Try to find a parking spot during summer or get out the island during the weekends. Not to count the infrastructure needed for this. Having a large hotel property in this are will disturb this peace, bringing chaos to the only place that we can still live in peace in the area. Therefore, I am asking you respectfully to vote NO on allocating 27 unites to the Decade Properties. There are plenty of other spaces outside of the Clearwater Point that can be used for this property. Regards, Dimas and Roberta Chbane Clearwater Point ‐ Sailmaster ‐ Unit 401 407‐455‐1382 1 Call, Rosemarie From:George Mesiha <gmesihape@hotmail.com> Sent:Saturday, January 12, 2019 8:22 PM To:Call, Rosemarie Subject:Preserve Clearwater Dear Mayor and Council Members: I am respectfully asking you to Preserve Clearwater Point and VOTE NO on allocating 27 Units to Decade Properties. Thank you, George F Mesiha 895 S Gulfview Blvd, Apt 204 Clearwater, FL 33767 Get Outlook for iOS 1 Call, Rosemarie From:Gina Hoffman <edandgina@hotmail.com> Sent:Sunday, January 13, 2019 6:19 AM To:Call, Rosemarie Cc:Gina Hoffman Subject:Please :o) Dear Mayor and City Council Members: I'm respectfully asking you to Preserve Clearwater Point by Please VOTING NO on allocating 27 Units to Decade Properties. 😊 Gina C. Hoffman 1 Call, Rosemarie From:Jackie Rosenthal <jackie.rosenthal.123@gmail.com> Sent:Sunday, January 13, 2019 7:38 AM To:Call, Rosemarie Subject:Preserve Clearwater Point Dear Mayor Cretekos and City Council Members, Thank you for all you do to make Clearwater a safe place to raise our children! My son, 16, attends Clearwater High School, and takes the school bus, which arrives at 6:20 am, while it is still dark outside. My daughter, 11, gets on the school bus later in the morning. There are other children living and playing here. Many children come here to visit family. Many elderly citizens also reside here. We all walk around freely and we know most of our neighbors. We live here, at Clearwater Point, because we feel safe. If hotel development is allowed into our enclave, many hundreds of strangers will be invited into our peaceful neighborhood. We will no longer feel safe. First, hundreds of construction workers and others will be here. Then, strangers staying at the hotel or inquiring about the hotel will follow. Additionally, delivery trucks and other delivery personnel will arrive. Traffic problems will also be created. This project would cause a myriad of public safety issues. Please vote no on the proposal to grant 27 more rooms to the Chart House developer. Please preserve the peace and safety of the families at Clearwater Point. Respectfully, Jackie Rosenthal Pandey Part‐time resident of 30 years. Full‐time resident of 6 years. Pinellas County School Teacher 1 Call, Rosemarie From:JANIS Meharry <block47@aol.com> Sent:Monday, January 14, 2019 8:13 PM To:Call, Rosemarie Subject:Preserve Clearwater Point Dear Mayor and City Council Members: I'm respectfully asking you to Preserve Clearwater Point and VOTE NO on allocating 27 Units to Decade Properties. Tom and Jan Meharry 868 Bayway Blvd.,# 104 Clearwater Beach, FL. 33767 Sent from my iPad 1 Call, Rosemarie From:Jarmila Batovski <jarmila25@hotmail.com> Sent:Monday, January 14, 2019 9:00 AM To:Call, Rosemarie Subject:Preserve Clearwater Point Dear Mayor and City Council Members : We are respectfully asking you to preserve Clearwater Point and vote No on allocating 27 Units to Decade Properties. Sent from my iPad 1 Call, Rosemarie From:Jean Wright <jeanwright01@gmail.com> Sent:Sunday, January 13, 2019 10:11 PM To:Call, Rosemarie Subject:request Jan. 17th mtng. Dear Mayor and City Council members: I'm respectfully asking you to preserve Clearwater Point and vote NO on allocating 27 units to Decade Properties. Sincerely, Jean Wright 1 Call, Rosemarie From:JIDO (Jim Doran) <jido@novonordisk.com> Sent:Monday, January 14, 2019 7:40 AM To:Call, Rosemarie Cc:JIDO (Jim Doran); marjac83@juno.com Subject:ClearWater Point vote scheduled for January 17th Dear Mayor and City Council Members: I’m respectfully asking you to Preserve Clearwater Point and VOTE NO on allocating 27 Units to Decade Properties. We purchased our unit in 2000, because of the serene environment and the privacy / safety that our community has afforded all residents. I am concerned that with the creation of these units, the new transient community, that have no ownership nor allegiance to our pristine community, will not respect the rules of our community that have survived since the 1970’s when the units were built. Please VOTE --- NO to Decade for expansion. Thank You, Jim & Rosann Doran Marina House - #217 Jim Doran Project Manager - HRIT Human Resource Novo Nordisk Inc. 800 Scudders Mill Road Plainsboro, NJ 08536 +1 609-987-5800 (switchboard) +01 609 786 4152 (direct) +01 609 233 4366 (mobile) JiDo@novonordisk.com www.novonordisk-us.com This e-mail (including any attachments) is intended for the addressee(s) stated above only and may contain confidential information protected by law. You are hereby notified that any unauthorized reading, disclosure, copying or distribution of this e-mail or use of information contained herein is strictly prohibited and may violate rights to proprietary information. If you are not an intended recipient, please return this e-mail to the sender and delete it immediately hereafter. Thank you. 1 Call, Rosemarie From:Krystyna Iskra <kiskra99@gmail.com> Sent:Monday, January 14, 2019 10:45 AM To:Call, Rosemarie Subject:Urgent! “Dear Mayor and City Council Members: I’m respectfully asking you to Preserve Clearwater Point andVOTE NOon allocating 27 Units to Decade Properties.” ‐‐ To help prprivacy, Mprevented download from the In Krystyna Iskra "Your key to all of your Real Estate needs in Florida" Broker/Associate Direct: 727-741-1053 Email: kiskra99@gmail.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. The Highest Compliment my Clients can give me is the Referral of their Friends, Family,and Business Partners. If you have received this communication in error, please notify the Addressee immediately, Thank you. 1 Call, Rosemarie From:Lucy Watts <wattsuplucy@knology.net> Sent:Saturday, January 12, 2019 3:51 PM To:Call, Rosemarie Subject:Clearwater Point Dear Mayor and City Council Members, I’m respectfully asking you to Preserve Clearwater Point and VOTE NO on allocating 27 units to Decade Properties. Lucy Watts 855 S. Bayway Blvd. # 703 1 Call, Rosemarie From:michael polutnik <msap44054@yahoo.com> Sent:Tuesday, January 15, 2019 3:16 PM To:Call, Rosemarie Subject:Clearwater Point Mayor and city a Council Members, Asking you to Preserve Clearwater Point and Vote NO on allocating 27 units to Decade Properties. Respectfully, Michael and JoAnne Polutnik 830 S Gulfview blvd Clearwater Fla Sent from Yahoo Mail for iPhone 1 Call, Rosemarie From:Munther Antoun <muantoun@gmail.com> Sent:Monday, January 14, 2019 11:27 PM To:Call, Rosemarie Subject:Preserve Clearwater Point Dear Mayor and City Council Members: I would like to request that you Preserve Clearwater Point and urge you to vote "no" on allocating 27 units to Decade Properties. I, along with a number of my neighbors in this area, selected to live here mainly for the safe, quiet and serene nature of this neighborhood. We are extremely concerned from security, noise, and property- value perspectives. Respectfully and Sincerely, Munther Antoun 861 Bayway Boulevard Unit #604 Clearwater, FL. 33767 (248) 752-0161 1 Call, Rosemarie From:osolemio@verizon.net Sent:Saturday, January 12, 2019 10:42 PM To:Call, Rosemarie Subject:Chart House Suites - Decade Properties - Please Vote "NO" Attention to Mayor George N. Cretekos and Council Members: Dr. Bob Cundiff; David Allbritton; Hoyt Hamilton and Jay Polglaze “We ask for your support in voting “NO” on the allocation of 27 Units to Decade Properties and the building of an 8 floor, 96’ high, 60 room hotel, covering 75% of 661 acres with concrete as proposed by Decade Properties.” Please take the time and visit our neighborhood so you can better understand how we feel about this situation. Would you want a large hotel/condo business to invade your neighborhood with all of the issues that more tourism brings? Aren’t there enough hotels/condos being built on Clearwater Beach? Hasn’t the traffic on Clearwater Beach getting to be unbearable not only for tourists, but especially for residents? Soon the Dreamview Hotel will be replaced with the Marriott project and JVC will be building their project where the old Holiday Inn was. Is it really necessary to destroy the beautiful low-rise manicured area of Clearwater Pointe to introduce another huge hotel/condo? Please vote “NO” in this proposition that is now well-known to many in Pinellas County! Thanks in advance! Loretta Mirelli (727) 421‐9412 1 Call, Rosemarie From:Paul & Sarina DePalma <psdepalma@hotmail.com> Sent:Sunday, January 13, 2019 4:27 PM To:Call, Rosemarie Subject:Decade Properties Redevelopment Dear Mr. Mayor and City Council Members: We respectfully ask you to Preserve Clearwater Point and vote NO on allocating 27 units to Decade Properties. Please do not change our residential neighbourhood to make it more congested by increasing commercial interest. Thank you, Paul DePalma Rosaria DePalma 830 S Gulfview Blvd #702 Clearwater Beach, 33767 727‐754‐2097 1 Call, Rosemarie From:Ramses Sidky <sidky21@gmail.com> Sent:Monday, January 14, 2019 11:07 PM To:Call, Rosemarie Subject:Vote No Dear Mayor and City Council Members: I’m respectfully asking you to Preserve Clearwater Point and Vote No on allocating 27 units to Decade Properties. Thanks, Ramses Sidky Unit 802 830 South Gulf View Blvd. Clearwater Beach 1 Call, Rosemarie From:Ronnie Stevenson <rwscp7@aol.com> Sent:Saturday, January 12, 2019 5:00 PM To:Call, Rosemarie Subject:Clearwater Point “Dear Mayor and City Council Members: I’m respectfully asking you to Preserve Clearwater Point and VOTE NO on allocating 27 Units to Decade Properties.” Ron Stevenson 855 Bayway Blvd. Unit 602 Sent from AOL Mobile Mail Get the new AOL app: mail.mobile.aol.com 1 Call, Rosemarie From:Rudy and Chris Michalek <rudy.chris@sbcglobal.net> Sent:Sunday, January 13, 2019 7:55 PM To:Call, Rosemarie Subject:Honorable Clearwater Council Members Dear Mayor Cretekos and Clearwater City Council Members, This past week, I along with residents of several of our “HOUSES” here on Clearwater Point were able to meet with each of you. We appreciate the time you took from your busy schedules plus your careful attention to our concerns. We shared several reasons and requested your support in voting “NO” on the allocation of 27 Units to Decade Properties. Mayor Cretekos, I appreciated our interactive discussion which gave me additional focus on the topic on hand. I trust that you will continue to support the High Density Residential District (HDR) Zoning’s (Sec. 2-501) Intent and Purpose which as you know is: “to protect and preserve the integrity and value of existing, stable residential neighborhoods of higher density." Once again, I’m respectfully asking that you continue to support the families of Clearwater Point’s established RESIDENTIAL neighborhood as you have done for so many years. Please vote “NO” to Decade’s request for 27 Units from the Density Reserve. Sincerely, Rudolph (Rudy) L. Michalek 855 Bayway Blvd. # 707 Clearwater Beach, Florida 33767 Cell: 214-418-6307 Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum often minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name:/'='tL G Address: (( rJ—(4s,2z City: Zip: GZ Telephone Number: 6' S-7`( 670 Email Address: 72C s et" Agenda item to which you wish to speak: (-•'''4 sPj r ent t P4 i What is your position on the item? For Against X GROUP SPEAKER LIST We the undersigned waive our right to speak and designate:, as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature A2,i IC,d‘,1 J J,.4 ( / Name: Address: Citizen Comment Card ILIA/Wtct4c L j ecis` S. Guts- v kfw .Jo- VV City: C GEA -kW Nit IEPrc rf zip: ?)'3T6. 7 Telephone Number: (79-7) 9_0 - 0 16 I Email Address: ,dLinto, ,t W Q WJJV Cfr Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 3.11 lD#f 1? - What is your position on the item? For Against Citizen Comment Card Address: ?1-6 Zoty Ci Zip: 3? 74 7 Telephone Number: c) --Li 7 3 L-/ / 7 Email Address: C / -1- oz-') *3(c3LY-d • -Y) Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. Pro) What is your position on the item? For Against // Name: Citizen Comment Card eEtto Address: goo ' ' VL4= / G) i L-tl t) /ktt ,o ( City: 1: - i :- Jbk-ei-E Zip: 33%7 Telephone Number: 72-7 1Z' 7"" 1 b((o 12g(L1yo 30bz@E:siH41 &-iEmailAddress: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak f C tis -s- 3 What is your position on the item? For Against Citizen Comment Card Name: Address: City: s,rr, Zip: I"; Telephone Number: ty2 7- 1-5 S. r Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. -4q R What is your position on the item? For Against/ Citizen Comment Card Name: PO BERT- DOR Address:83 0S-GUL l.1 Cite 5,14- i2 (&) 1-- i3,1Z Zip: Telephone Numbe VL) Li63 33 gc)LI Email Address: tr (-) Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to spea What is your position on the item? For Against Name: Address: Citizen Comment Card L, ryr Ci // ty: , • Telephone Number: Email Address: Zip: 1 - -1,1V 2,6 Speaking under citizens to be heard re items not on the agenda? L3 Agenda item(s) to which you wish to speak. What is your position on the item? For Against Lv- 43 Name: Citizen Comment Card n/;.1lAr Address: 1‘ • City Chlat-tia-IZA) Zip: I Telephone Number: 1 Email Address: Z-6- //a 6efi is r Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 44A ' What is your position on the item? For Against Name: Citizen Comment Card Address: K{O • 6a/-1 City: e/6 -tea' tau . Zip: -7‘ Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. " t What is your position on the item? For Against Citizen Comment Card Telephone Number: Email Address: 1-7/(0,„/ 7,2-2 p 4 i."9 LA) Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name:le4(4mbruK.9 Address: 3'S City: C' 1eCk-C-C4 ciov 6eitdk- Zip: 3 7(f Telephone Number: 5-13- 7 6ssz Email Address: ooti(91vh eff)aj_ Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak - What is your position on the item? For Against Citizen Comment Card Name: Milh-r4A d Kia l Bfi1w'R 3 v9;J L' C,C frfkZip: 9htG e Numblave)>=Sa- c/G( m,,iar *min @16/IA110cm/IEmailAddress: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: De70ip I%( cr y e.AX 1 0 What is your position on the item? For Against Name: Address: City: Zip: 7 Telephone Number: Citizen Comment Card I A--() L1' L) 2) Email Address: I Speaking under citizens to be heard re items not on the agenda? IJ Agenda item(s) to which you wish to speak. What is your position on the item? For Against t/ t,2-0 Citizen Comment Card Name: JO(Ck( (la I rand ey Address: 8 c S. r-_,Lt(C) te -13 luel city:rilecti- (du A -1-er Zip: Telephone Number: 1+12 6-2 5 -G.632:3 Email Address: qsetyf IICd. 12S tv\c,0 I &i,11Speakingundercitizenstobeheardre items not on the agenda? Agenda item(s) to which you wish to speak: 5 DFV -e E(Pat (Ada+Cr TOlii) What is your position on the item? For Against Citizen Comment Card Name: Address: C/ I/- -,— /lei/2 < ^ City P ) 4 : v Telephone Number: ,l C Email Address: 4 7.,Tfi/ 11/9/ rii!) Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak *8 What is your position on the item? For Agains Citizen Comment Card Name: ' /////74) Address: v1/ c-- City -h. L' Zip: 31-5' Telephone Number c--) 7 77/ j, Email Address: ` l zi/J - (IBJ 9' Speaking under citizens to be heard ref endaitemsnotonthea ? —__ l g , _2 4/'' W/,-, /i7GS' " ` _ Q- /C :_-; Age a items 4o which you wish to speak l' 4/7),)/s6v0J-4,--/-e, 7i' i, --Y/)// ,,,,,ir'y e,, • £'eii/y tee" . -- What is your position on the item? For Against v 3 Comments prepared by Ken Reilly for the Clearwater City Council meeting on January 17, 2019 1 Comments prepared by Ken Reilly for the Clearwater City Council meeting on January 17, 2019 Note: I only plan to speak to the highlighted text to, hopefully, not exceeded the allotted three minutes to speak. My name is Ken Reilly. I've owned Unit #101 at 800 S. Gulfview Blvd., on Clearwater Point, for more than ten years. After more than 40 years in software engineering, I retired at the end of 2015 and currently spend five to six months here. I was born in New York City and have lived in Nashua, NH, since 1977. Both of the cities where I reside have been nationally recognized multiple times as exceptional places to live and have delineated commercial and residential areas; and encourage their residents, paraphrasing an adage, "to think city, act neighborhood, while being equally proud of both." As you know, Clearwater Point and most of the property east of Gulf Blvd. are primarily zoned as a high-density residential neighborhood. The businesses in the "Shoppes of Clearwater Pass" shopping center, along with the Clearwater Yacht Club and the Chart House, have been good neighbors since I've been living here. My unit faces Gulf Blvd., and while the traffic on/off the Sand Key bridge is often very slow-moving and somewhat noisy especially during the "high season," it is tolerable primarily because there is little noise from either the businesses or the traffic after 9;00 most nights. I am concerned about how this may worsen if the new hotel proposal is approved. I agree with the speakers before me and after participating in a number of discussions, reviewing this request and the related city planning documents, and listening to our attorneys and the comments my neighbors have offered, I have a number of concerns about how this proposal will impact our residential neighborhood and broader beach -wide items, including: With the pool deck of the new hotel planned to be on the fifth floor and with it being surrounded on three sides by three more floors (see attached drawing), any noise will likely resonate off of the new structure and likely create an echo chamber effect that will be heard by many ofthe new hotel's abutters. The amplified music from Shephard's, Salty's, and other businesses on S. Gulfview is often very loud. It is tolerable when just walking by, but it concerns me how pool deck noise from a new hotel on Bayway may cause a prolonged disturbance in our primarily residential area. In their submission the developer agrees there shall be no outdoor amplified music at the Project after 11;00 pm on Sunday through Thursday, or after 12:00 midnight on Friday and: Saturday." Is that appropriate for a residential area? How is the "Clearwater Community Development Code Section 3.1568 - Noise" enforced' I've been made aware that the water supply and treatment master plans were developed and released in 2004. There's been considerable new development on the beach since then, specifically 1350 hotel units have been awarded so far. I understand new plans are being developed and will be available in 6 to 18 months. Have the proposed Decade project, other approved projects, and future projects been factored in? Like the existing Chart House, some of the residential villas, condos, and other properties along the entire north side of Bayway are zoned Tourist. Will these zoning anomalies be reviewed and addressed as needed? 2 Comments prepared by Ken Reilly for the Clearwater City Council meeting on January 17, 2019 With a new hotel will come additional loading/unloading of materials including: linens, cleaning and hotel supplies, and food service items, if a continental breakfast or other food or beverage service is offered. How will this additional traffic flow impact our primarily residential area? Each unit owner in Clearwater Point has one assigned parking spot; parking for any additional vehicles is on S. Gulfview/Bayway. We already have much of our available parking taken by service personnel from existing hotels and restaurants up the street, leaving few spaces for Condo owners and guests. Does Decade, like somany other hotels, intend to charge their guests and/or employees for parking? 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(727) 5624242 NON -CRIMINAL PERCENTAGE INCREASE 2010-2018 83% CRIMINAL PERCENTAGE INCREASE 2010-2018 36% Pa=, baruntecr.a.v)AmesvimFAcritn F.31PWIle Nam-Oirn ina! 676 639 1111 1130 1420 1246 1375 1313 1237 10147Criminal945947108017791399136712291358128410838 NON -CRIMINAL PERCENTAGE INCREASE 2010-2018 83% CRIMINAL PERCENTAGE INCREASE 2010-2018 36% Pa=, baruntecr.a.v)AmesvimFAcritn F.31PWIle 16001400120010008006004002000 945 947 676 639 Clearwater Beach Police Report - Incidents 1080 MB 1367 1375 1229 1246 1229 1130 13581313 2010 2011 2012 2013 2014 2015 2016 2017 2018 12841237 Non - CriminalCriminal Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5526 Agenda Date: 1/17/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.12 SUBJECT/RECOMMENDATION: Approve the proposed first amendment to an existing Development Agreement between NESC, LLC (the property owner) and the City of Clearwater for property located at 443 East Shore Drive, which includes a revision to the number of overnight accommodation units, revision of the notice addresses for the developer, revision of Exhibit B to provide new conceptual site plans and elevations; adopt Resolution 19-01 and authorize the appropriate officials to execute same. (HDA2012-03001A) SUMMARY: Site Location and History: The 1.26-acre subject property is located at the northeast corner of East Shore Drive and Papaya Street. The site is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and is located within the Marina District of Beach by Design. On June 19, 2012, the Community Development Board approved a project consisting of 134 overnight accommodation units, a 6,500 square foot restaurant, a 50-slip marina, and 15-foot wide boardwalk along the seawall of the property. Subsequently, at its meeting of July 27, 2012, the City Council entered into a Development Agreement with the developer of this project, and as part of this Agreement the Council assigned 71 units from the Hotel Density Reserve to the project to achieve 134 overnight accommodation units. Development Proposal: Since the city council meeting of December 6, 2018, the applicant has revised the Development Agreement to provide for a limitation on amplified music as requested by Council. The proposal includes an increase in the number of overnight accommodation units within the project from 134 to 139 via two separate Transfers of Development Rights of two and three units each. The additional rooms are to be accommodated within previously approved “cabana units,” which were not considered to be rooms for overnight stay, and as such there is no expansion of the building needed to accommodate these new rooms. The development already includes sufficient off-street parking to meet the requirement of the additional rooms. The changes to the Development Agreement are listed below. §The 7th recital is deleted and replaced to provide for an updated room count; §Section 4.1 is deleted and replaced to provide for an updated room count and density; §Section 6.1.8 is added to provide a limitation on amplified music at the hotel after 11:00 p.m. on Sunday through Thursday, and after 12:00 midnight on Friday and Saturday; §Section 13: the addresses for the Developer are deleted and replaced with updated information; and, Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#18-5526 §Exhibit “B” is deleted and replaced with updated site and building places reflecting the updated room count. Consistency with the Community Development Code (CDC): At its meeting of June 19, 2012, the Community Development Board found the development proposal to be consistent with the applicable provisions of the CDC. No aspect of those provisions is being modified as part of this proposal. Consistency with Beach by Design: At its meeting of June 19, 2012, the Community Development Board found the development proposal to be consistent with the applicable provisions of Beach by Design. No aspect of those provisions is being modified as part of this proposal. Hotel Density Reserve: The project was previously reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve and the project was found to be consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed first amended and restated amendment to the existing Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for no change in the number of units (71 units) allocated from the Hotel Density Reserve (previously approved as part of DVA2012-03008/Resolution No. 12-07); §Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; §Requires the developer to obtain building permits within one year of approval of the amended and restated Development Agreement and certificates of occupancy in accordance with CDC Section 4-407; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and, §Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to CDC Section 4-606.I., a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of CDC Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of CDC Section 4-406. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Page 2 City of Clearwater Printed on 1/17/2019 File Number: ID#18-5526 The Planning and Development Department is recommending approval of this First Amendment to the Development Agreement. Page 3 City of Clearwater Printed on 1/17/2019 AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT TO DEVELOPMENT AGREEMENT (“AGREEMENT”) is dated the _____ day of _______________, 2018, and entered into by and between NESC, LLC, a Florida limited liability company, successor in interest to Louis Development, LLC (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (“City”). WITNESSETH: WHEREAS, Developer and the City entered into that certain Development Agreement dated July 27, 2012 (the “Development Agreement”) a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 443 East Shore Drive, Clearwater, FL 33767 (the “Property”); and WHEREAS, Developer and the City acknowledge and agree that a minor revision to the design of the Project which is the subject of the Development Agreement was approved by the Community Development Coordinator pursuant to Section 4-406(A) of the Community Development Code on August 22, 2018; and WHEREAS, on October 1, 2018, Developer filed two applications to transfer a total of five overnight accommodation units from 22 Bay Esplanade and 699 Bay Esplanade to 443 East Shore; and WHEREAS, pursuant to the Developer’s applications to transfer density rights to the Project the Developer and the City agree to increase the number of total number of overnight accommodation units in the Project from 134 to 139 units, to increase the required parking spaces from 177 spaces to 187 spaces, and to amend certain other provisions of the Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO RECITALS: 2. The seventh (7th) recital of the Development Agreement is hereby deleted and the following is substituted in lieu thereof: “WHEREAS, upon completion the planned resort will contain 139 units, which includes Seventy-One (71) units from the available Beach by Design Hotel Density Reserve;” 3. Amendment of SECTION 4. Scope of Project. Section 4.1 is hereby deleted, and the following is substituted in lieu thereof: “4.1 The Project (“Project”) shall consist of no more than 139 overnight accommodation units, to be traditional overnight accommodation units. The proposed density is 110.32 units per acre, which is well below the allowed 150 units.” 4. Section 4.2 is hereby deleted, and the following is substituted in lieu thereof: “4.2 The Project (“Project”) shall include 187 parking spaces as defined in the Community Development Code, 167 of the parking spaces shall be dedicated to the 139 overnight accommodation units, and 17 spaces shall be dedicated to the public boat slips.” 5. Amendment of SECTION 6. Obligations under this Agreement. Section 6.1.8 is hereby added: “6.1.8 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday.” 6. Amendment of SECTION 13. Notices. The notice addresses for Developer are hereby deleted, and the following is substituted in lieu thereof: “If to the Developer: NESC, LLC David Leatherwood 500 Sawgrass Place Sanibel, FL 33957 With Copy to: Brian J. Aungst, Jr., Esquire Macfarlane Ferguson and McMullen 625 Court Street, Suite 200 Clearwater, FL 33756” 7. Amendment of Exhibit “B”. Exhibit “B” to the Development Agreement is hereby deleted and Amended Exhibit “B” attached hereto is substituted in lieu thereof. 8. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. [ remainder of this page is blank – signature page follows] Developer: NESC, LLC _______________________________ By: __________________________ Print Name: ____________________ David Leatherwood _______________________________ Print Name: ____________________ As to “Developer” City: CITY OF CLEARWATER, FLORIDA _______________________________ By: __________________________ Print Name: ____________________ William B. Horne II, City Manager _______________________________ Print Name: ____________________ As to “City” Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ George N. Cretekos, Mayor Approved as to Form: _________________________________ Mike Fuino Assistant City Attorney AMENDED EXHIBIT “B” Site and Building Plans UP UP P A P A Y A S T R E E TE . S H O R E D R I V EFuture Marina (by Others)setback19' - 0"setback21' - 1 1/4" +/1Property Line setback 8' - 5"setback5' - 0"setback 5' - 0"setback5' - 0"5 9 9 0' - 0" 0' - 0" DRAWN EDIT DATE ISSUE DATE SCALE SHEET NAME SHEET NUMBER JOB NUMBERCopyright David L. Wallace and Associates, P.A. Duplication or reproduction by any means without the express written consent of David L. Wallace and Associates, P.A. is a violation of Federal and international law. The information contained on this document are the intellectual property of David L. Wallace and Associates, P.A. and all rights thereto are Reserved.Brand Version: FL CoA: AA26001254 Hotel and guestrooms: Gen 4.5 Twilight Public spaces: Gen 6 Cynergy 9/20/2018 8:09:56 PM 1" = 20'-0" KJ Site Plan (Reference) A-1.1.0 05/13/16 14-201Courtyard by Marriott443 East Shore DriveClearwater Beach, FL 33767Louis Developments, LLCFFE:Refer to Civil Drawings Site Area:0.94 acres MOL Building Footprint:31,827 square feet Number of Stories:7 Guest Rooms:134 Parking Spaces: Accessible:8 Standard:162 Total:177 1.Refer to Civil Engineering Drawings for Finished Floor Elevation (FFE). 2.Contractor shall coordinate, prior to the commencement of site work, the finish floor elevation with the Civil Engineer and the Structural Engineer. 3..Information shown on the Site Reference Plan is based on information provided by the owner or Civil Engineer / Site Planner. 4.The Contractor shall, prior to Commencement of construction or Demolition, verify the location of all utilities. 5.Prior to the Commencement of Construction, the General Contractor shall verify items identified on these drawings as existing. In the event of discrepancies, he shall immediately notify the Office of the Architect, 6.Should field conditions differ from plans to such an extent that additional costs or delays to the schedule are anticipatedd, the contractor shall notify the Architect of such. The Architect, in conjunction with the Owner, will determine the resolution. 7.Contractor must take all reasonable and customary precautions to protect the Owner's property from damage due to construction operations. The boundary of the Contractor's work and storage areas shall be mutually agreed-to by conference. 8.Refer to Civil Engineering Drawings for site construction details, incuding curb and gutter details and radious, and all other site related details. 9.Landscape design is not included within the scope of work represented in these drawings. Site Notes Site Data 1" = 20'-0"1 Site Reference Plan Parking Schedule Level 1 ADA 12x18 (5' aisle) 2 Regular 9x18 37 Level 2 ADA 12x18 (5' aisle) 2 Regular 9x18 72 Level 3 ADA 12x18 (5' aisle) 2 Regular 9x18 72 Grand total: 187 Site Location Plan Required Parking Calculations Hotel: 134 rooms x 1.2 = 160 Marina: 50 slips total (34 public+ 16 Hotel) 34 public / 2 = 17 Total Parking Required 177 Revision Schedule N o Description Date 2 Marriott 60% 1 01-30-1 5 PREVIOUSLY APPROVED SUBMISSION UP UP P A P A Y A S T R E E TE . S H O R E D R I V EFuture Marina (by Others)setback19' - 0"setback21' - 1 1/4" +/1Property Line setback 8' - 5"setback5' - 0"setback 5' - 0"setback5' - 0"5 9 9 0' - 0" 0' - 0" DRAWN EDIT DATE ISSUE DATE SCALE SHEET NAME SHEET NUMBER JOB NUMBERCopyright David L. Wallace and Associates, P.A. Duplication or reproduction by any means without the express written consent of David L. Wallace and Associates, P.A. is a violation of Federal and international law. The information contained on this document are the intellectual property of David L. Wallace and Associates, P.A. and all rights thereto are Reserved.Brand Version: FL CoA: AA26001254 Hotel and guestrooms: Gen 4.5 Twilight Public spaces: Gen 6 Cynergy 9/20/2018 8:09:56 PM 1" = 20'-0" KJ Site Plan (Reference) A-1.1.0 05/13/16 14-201Courtyard by Marriott443 East Shore DriveClearwater Beach, FL 33767Louis Developments, LLCFFE:Refer to Civil Drawings Site Area:0.94 acres MOL Building Footprint:31,827 square feet Number of Stories:7 Guest Rooms:134 Parking Spaces: 1.Refer to Civil Engineering Drawings for Finished Floor Elevation (FFE). 2.Contractor shall coordinate, prior to the commencement of site work, the finish floor elevation with the Civil Engineer and the Structural Engineer. 3..Information shown on the Site Reference Plan is based on information provided by the owner or Civil Engineer / Site Planner. 4.The Contractor shall, prior to Commencement of construction or Demolition, verify the location of all utilities. 5.Prior to the Commencement of Construction, the General Contractor shall verify items identified on these drawings as existing. In the event of discrepancies, he shall immediately notify the Office of the Architect, 6.Should field conditions differ from plans to such an extent that additional costs or delays to the schedule are anticipatedd, the contractor shall notify the Architect of such. The Architect, in conjunction with the Owner, will determine the resolution. 7.Contractor must take all reasonable and customary precautions to protect the Owner's property from damage due to construction operations. The boundary of the Contractor's work and storage areas shall be mutually agreed-to by conference. 8.Refer to Civil Engineering Drawings for site construction details, incuding curb and gutter details and radious, and all other site related details. 9.Landscape design is not included within the scope of work represented in these drawings. Site Notes Site Data 1" = 20'-0"1 Site Reference Plan Parking Schedule Level 1 ADA 12x18 (5' aisle) 2 Regular 9x18 37 Level 2 ADA 12x18 (5' aisle) 2 Regular 9x18 72 Level 3 ADA 12x18 (5' aisle) 2 Regular 9x18 72 Grand total: 187 Site Location Plan Required Parking Calculations Hotel: 13 rooms x 1.2 = 160 Marina: 50 slips total (34 public+ 16 Hotel) 34 public / 2 = 17 Total Parking Required 177 Revision Schedule N o Description Date 2 Marriott 60% 1 01-30-1 5 .94 .94 17 18 4 REVISED SUBMISSION: 10/8/18 D C 24 X36 24 X4824 X48 24 X4824 X48 24 X6024 X42 24 X48 24 X36D30DIS PLAY12 L IQUO R TS 12HSN DTS12T RABBS84BACKBAR3DOOR84"PERLICKDDDC 21 X4221 X6021 X4221 X42GGDCUP UP UP A-4.1.0 A-4.1.0 A-4.2.0 A-4.2.0 2 1 1 1 1 2 2 3 3 4 4 5 5 7 7 9 9 10 10 11 11 12 12 13 13 B B C C D D E E F F G G 1.5 1.5 13.5 13.5 2 A-5.0.0 1 A-5.0.1 2 A-5.0.1 2 A-5.0.1 1 A-5.1.0 2 A-5.1.0 2 A-5.1.1 Balconies above Lobby 001 Elevator Lobby 003Buisness Library 002 Meeting 1 026BComm. / Storage 025 Laundry 007 Fitness 009 8 8 6 6 1 A-5.0.0 Kitchen 022 Break Room 013 Cabana Suite A 443 QQ 444 Cabana Suite B 445 King Acc 446 QQ Extended Suite 447 King 448 King B 438 QQ 440 QQ 442 King 436 QQ Ext.Suite 401 King 402 Cabana Suite B 403 King 404 Cabana Suite A 405 QQ 406 Cabana Suite A 407 QQ 408 QQ 410 King B 412 King 414 Meeting 2 026A A-6.1.1 4 A-3.1.1 4 A-2.1.4 1 S S H H U 009a South Corridor 010 North Corridor 033 105e104f Linens 006 Guest Laundry 008 Louvers 442d 444d 440d 444d 446d 410d 408d 406d 404d 438d 412d 034a 034f Chute Room 005 010 Bistro / Bar 001A 024a 029 027 033 Men's 029 Women's 027 Family Pool Toilet 030 Men's Pool Toilet 031 Women's Pool Toilet 032 030 031 032 Work 018 Office 020 STG 014 Women 016 Men 015 HsKp 012 Pool 034a Stair # 2 105 436c 438c 440c 414c 442c 444c 448c 445c 443c 410c 408c 406c 402c 405c 407c 412c 447c A-3.1.1 2 438b 436b 412b 405b 403 401 402 401b401c 406 406b 408b 408 410 410b 407c 012 011 414b Market 001B29' - 4"Note: Pool design by others W10 W10 W10 W5 W5 W5 W10 W14 W10W10 W14 W10 W14 W14 W5 W5 W10 W10 QJJ J K L L L L L L L L J K K K K K KK K R R J L L N 016 015 N J 6' - 0"16' - 5"25' - 11"28' - 4"28' - 4"14' - 2"14' - 2"14' - 2"14' - 2"28' - 4"28' - 4"25' - 11"16' - 5"6' - 0" 266' - 8" 12' - 0 1/4"16' - 0"16' - 0"16' - 0"14' - 6"30' - 4"15' - 3"15' - 3"30' - 4"13' - 6"14' - 8 1/2"13' - 10"14' - 8 1/2"13' - 11"14' - 2"14' - 2"14' - 2"13' - 9"19' - 1"13' - 11"14' - 2"14' - 2"14' - 2"13' - 9"19' - 0"5' - 4"27' - 8"5' - 4"27' - 8"- W24 W24 W24 W25 W25 W24 W24 W9 W24 W25 W25 W25 W10 W10 W9 W13 W10 W4 W5 W4 5' - 8" 5' - 8 1/4" 5' - 8 1/4" W25 13' - 7"6' - 8 1/4"6' - 8"A-2.1.3 1 014P P P Q Q JRLL Computer 017 Office 021 R AA 1' - 2 1/2" 113' - 8"29' - 4"113' - 8"16' - 7"256' - 8" - 22' - 9"6' - 8"29' - 5"6' - 4"1 A-5.1.2 006 007b 018 021020022b 022 Reception Lounge Media Pods Quick Print Check-in Lounge Card Readers at Guest and service Elevators W24 W27 025 026d 026c 026b 026a 026e 026f Jan 028028 024 023 Office 019 Media Pods STG 024 STG 023 022a 019 034d House Telephone A-3.1.1 5 412 407 405 404 440 442 446a 408a R Cart storage Card Reader 034b Hydration Station 414 008 A-2.1.5 1 134' - 8"17' - 4"7' - 8"Q Q J LL J K 034c 2 14' - 0"30' - 10"11' - 4"2' - 10"11' - 4"14' - 0"29' - 4"3' - 4"6' - 8"1' - 4"6' - 8"1' - 4"6' - 8"3' - 6 1/2"29' - 1 3/4"11' - 3 3/4"2' - 4 1/2"11' - 4"3' - 4"11' - 4"6' - 7 3/4"6' - 8"5' - 6 3/4"6' - 5 1/4"5' - 6 1/2"4' - 1 1/4"7' - 4"2' - 6 3/4" 102N W10 ELV 4 1-4 ELV 2 4-8 ELV 1 4-8 ELV 3 1-4 5-8 Key Acc only HR4A HR4B 5' - 0"10' - 4 1/2"5' - 0" 009b 5' - 1"DR4HP4HP4AElectrical 004 STG 011 Pool Deck 034 A-6.1.3 4 4' - 1 1/2"L L L L W10 DRAWN EDIT DATE ISSUE DATE SCALE SHEET NAME SHEET NUMBER JOB NUMBERCopyright David L. Wallace and Associates, P.A. Duplication or reproduction by any means without the express written consent of David L. Wallace and Associates, P.A. is a violation of Federal and international law. The information contained on this document are the intellectual property of David L. Wallace and Associates, P.A. and all rights thereto are Reserved.Brand Version: FL CoA: AA26001254 Hotel and guestrooms: Gen 4.5 Twilight Public spaces: Gen 6 Cynergy 9/20/2018 8:10:16 PM 3/32" = 1'-0" KJ Level 4 Floor Plan A-1.1.4 05/13/16 14-201Courtyard by Marriott443 East Shore DriveClearwater Beach, FL 33767Louis Developments, LLC3/32" = 1'-0"1 Level 4 Revision Schedule N o Description Date 1 Marriott 30% 12-10-1 4 2 Marriott 60% 1 01-30-1 5 3 Marriott 60% 2 02-02-1 6 4 Marriott 90% 2 07-08-1 6 7 City Comments DO minor 1 10-14-1 7 8 Trademark changes 06-06-1 8 PREVIOUSLY APPROVED SUBMISSION D C 24 X36 24 X4824 X48 24 X4824 X48 24 X6024 X42 24 X48 24 X36D30DIS PLAY12 L IQUO R TS 12HSN DTS12T RABBS84BACKBAR3DOOR84"PERLICKDDDC 21 X4221 X6021 X4221 X42GGDCUP UP UP A-4.1.0 A-4.1.0 A-4.2.0 A-4.2.0 2 1 1 1 1 2 2 3 3 4 4 5 5 7 7 9 9 10 10 11 11 12 12 13 13 B B C C D D E E F F G G 1.5 1.5 13.5 13.5 2 A-5.0.0 1 A-5.0.1 2 A-5.0.1 2 A-5.0.1 1 A-5.1.0 2 A-5.1.0 2 A-5.1.1 Balconies above Lobby 001 Elevator Lobby 003Buisness Library 002 Meeting 1 026BComm. / Storage 025 Laundry 007 Fitness 009 8 8 6 6 1 A-5.0.0 Kitchen 022 Break Room 013 443 QQ 444 445 King Acc 446 QQ Extended Suite 447 King 448 King B 438 QQ 440 QQ 442 King 436 QQ Ext.Suite 401 King 402 403 King 404405 QQ 406407 QQ 408 QQ 410 King B 412 King 414 Meeting 2 026A A-6.1.1 4 A-3.1.1 4 A-2.1.4 1 S S H H U 009a South Corridor 010 North Corridor 033 105e104f Linens 006 Guest Laundry 008 Louvers 442d 444d 440d 444d 446d 410d 408d 406d 404d 438d 412d 034a 034f Chute Room 005 010 Bistro / Bar 001A 024a 029 027 033 Men's 029 Women's 027 Family Pool Toilet 030 Men's Pool Toilet 031 Women's Pool Toilet 032 030 031 032 Work 018 Office 020 STG 014 Women 016 Men 015 HsKp 012 Pool 034a Stair # 2 105 436c 438c 440c 414c 442c 444c 448c 445c 443c 410c 408c 406c 402c 405c 407c 412c 447c A-3.1.1 2 438b 436b 412b 405b 403 401 402 401b401c 406 406b 408b 408 410 410b 407c 012 011 414b Market 001B29' - 4"Note: Pool design by others W10 W10 W10 W5 W5 W5 W10 W14 W10W10 W14 W10 W14 W14 W5 W5 W10 W10 QJJ J K L L L L L L L L J K K K K K KK K R R J L L N 016 015 N J 6' - 0"16' - 5"25' - 11"28' - 4"28' - 4"14' - 2"14' - 2"14' - 2"14' - 2"28' - 4"28' - 4"25' - 11"16' - 5"6' - 0" 266' - 8" 12' - 0 1/4"16' - 0"16' - 0"16' - 0"14' - 6"30' - 4"15' - 3"15' - 3"30' - 4"13' - 6"14' - 8 1/2"13' - 10"14' - 8 1/2"13' - 11"14' - 2"14' - 2"14' - 2"13' - 9"19' - 1"13' - 11"14' - 2"14' - 2"14' - 2"13' - 9"19' - 0"5' - 4"27' - 8"5' - 4"27' - 8"- W24 W24 W24 W25 W25 W24 W24 W9 W24 W25 W25 W25 W10 W10 W9 W13 W10 W4 W5 W4 5' - 8" 5' - 8 1/4" 5' - 8 1/4" W25 13' - 7"6' - 8 1/4"6' - 8"A-2.1.3 1 014P P P Q Q JRLL Computer 017 Office 021 R AA 1' - 2 1/2" 113' - 8"29' - 4"113' - 8"16' - 7"256' - 8" - 22' - 9"6' - 8"29' - 5"6' - 4"1 A-5.1.2 006 007b 018 021020022b 022 Reception Lounge Media Pods Quick Print Check-in Lounge Card Readers at Guest and service Elevators W24 W27 025 026d 026c 026b 026a 026e 026f Jan 028028 024 023 Office 019 Media Pods STG 024 STG 023 022a 019 034d House Telephone A-3.1.1 5 412 407 405 404 440 442 446a 408a R Cart storage Card Reader 034b Hydration Station 414 008 A-2.1.5 1 134' - 8"17' - 4"7' - 8"Q Q J LL J K 034c 2 14' - 0"30' - 10"11' - 4"2' - 10"11' - 4"14' - 0"29' - 4"3' - 4"6' - 8"1' - 4"6' - 8"1' - 4"6' - 8"3' - 6 1/2"29' - 1 3/4"11' - 3 3/4"2' - 4 1/2"11' - 4"3' - 4"11' - 4"6' - 7 3/4"6' - 8"5' - 6 3/4"6' - 5 1/4"5' - 6 1/2"4' - 1 1/4"7' - 4"2' - 6 3/4" 102N W10 ELV 4 1-4 ELV 2 4-8 ELV 1 4-8 ELV 3 1-4 5-8 Key Acc only HR4A HR4B 5' - 0"10' - 4 1/2"5' - 0" 009b 5' - 1"DR4HP4HP4AElectrical 004 STG 011 Pool Deck 034 A-6.1.3 4 4' - 1 1/2"L L L L W10 DRAWN EDIT DATE ISSUE DATE SCALE SHEET NAME SHEET NUMBER JOB NUMBERCopyright David L. Wallace and Associates, P.A. Duplication or reproduction by any means without the express written consent of David L. Wallace and Associates, P.A. is a violation of Federal and international law. The information contained on this document are the intellectual property of David L. Wallace and Associates, P.A. and all rights thereto are Reserved.Brand Version: FL CoA: AA26001254 Hotel and guestrooms: Gen 4.5 Twilight Public spaces: Gen 6 Cynergy 9/20/2018 8:10:16 PM 3/32" = 1'-0" KJ Level 4 Floor Plan A-1.1.4 05/13/16 14-201Courtyard by Marriott443 East Shore DriveClearwater Beach, FL 33767Louis Developments, LLC3/32" = 1'-0"1 Level 4 Revision Schedule N o Description Date 1 Marriott 30% 12-10-1 4 2 Marriott 60% 1 01-30-1 5 3 Marriott 60% 2 02-02-1 6 4 Marriott 90% 2 07-08-1 6 7 City Comments DO minor 1 10-14-1 7 8 Trademark changes 06-06-1 8 King A King A King A QQ Extended Suite QQ Ext.Suite REVISED SUBMISSION: 10/8/18 EXHIBIT 1 Development Agreement dated July 27, 2012 UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY UNOFFICIAL COPY Resolution No. 19-01 RESOLUTION NO. 19-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND NESC, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the “Agreement”) dated July 27, 2012, and the Agreement is attached as Exhibit “A;” and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as more fully set forth in the attached Exhibit “B;” and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT between the City of Clearwater and NESC, LLC, a copy of which is attached as Exhibit “B,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the 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 _____________, 2019. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ 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: 9217-19 Agenda Date: 1/17/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9217-19 on second reading, amending the Community Development Code by amending Article 3, Division 18, Signs, removing regulations specific to downtown; amending Article 4, Division 10, Sign Permit, adding a reference to Appendix C; amending Appendix C, Downtown Zoning District and Design Standards, Division 7., Sign Standards, establishing new sign standards specific to downtown; amending Article 8, Definitions Related to Signage. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/17/2019 ORD. 9217-19 Exhibit A | 1 of 18 Division 7. Sign Standards SECTION C-701. INTENT AND PURPOSE The intent and purpose of this section is to establish specific standards for the Downtown District that implement Section 3-1801. General Principles, Section 3-1802. Purpose of the Sign Regulations as well as the following: A) Establish reasonable and improved sign standards for Downtown that encourages the use of a hierarchy of signs appropriately sized for a well-organized visual Downtown environment. B) Ensure that signs are complementary to the architectural design of Downtown. C) Ensure that signage is pedestrian oriented and appropriately scaled for the Downtown environment. D) Facilitate creative and innovative approaches to signs consistent with the intent and purpose of Section C-101 of the Downtown District. E) Encourage uniquely designed signs that exhibit a high degree of thoughtfulness, imagination and inventiveness. SECTION C-702. APPLICABILITY No sign may be erected, or may thereafter be altered or otherwise modified, in the Downtown District except in accordance with the requirements of this section. Requirements not specifically addressed in Appendix C, Division 7 are subject to the signage requirements set forth in Article 3, Division 18 Signs and Article 4, Division 10 Sign Permit. If there are any conflicts between these regulations and those in Article 3, Division 18, these standards shall govern. SECTION C-703. GENERAL STANDARDS A) Exempt and prohibited sign provisions set forth in Sections 3-1803 and 3-1804 shall apply in the Downtown District. B) General provisions for signs set forth in Section 3-1805 shall apply unless otherwise superseded by regulations contained in this Appendix C, Division 7. C) Temporary sign provisions set forth in Section 3-1806 shall apply in the Downtown District. D) Properties in the Downtown District shall be eligible for the Comprehensive Sign Program as set forth in Section 3-1808. SECTION C-704. GENERAL PRINCIPLES FOR SIGN PLANNING AND DESIGN STANDARDS Vibrant, well designed signs promote business activity, provide visual interest and create an interesting environment that attracts people. To ensure signage has a positive impact consistent with the vision and guiding principles established in the Clearwater Downtown Redevelopment Plan, the following general principles and design standards shall apply in addition to those set forth in Section C-705. below. A) Hierarchy of Signs Signs are the graphic representation of a business in the built environment, therefore, they should be designed in a concise manner to deliver essential information quickly, efficiently and at the point where it is needed. If more than one sign is erected on a single building/business façade a clear hierarchy should be used to ensure the important content is the most prominent. All signs shall be scaled in a clear hierarchy and shall address different viewer orientations and audiences. The most important information on a sign should be the most prominent and emphasized component of the sign. The more important the information, the higher its visibility should be with regard to sign size and placement. Layering information helps customers obtain the information they need while ensuring that every sign has an objective. Larger signs, which are intended to be viewed from farther distances should be strategically placed on the building façade over storefronts and entrances. Smaller signs can provide information at a smaller scale and be intended for view from shorter distances at the pedestrian level. ORD. 9217-19 Exhibit A | 2 of 18 Figure 33. Hierarchy of Signs Example Figure 34. Hierarchy of Signs Example Figure 35. Hierarchy of Signs Example ORD. 9217-19 Exhibit A | 3 of 18 B) Location and Alignment Signs shall comply with the following location and alignment standards in addition to any specific standards specified in Section C-705.D. Sign Types. 1. Signs shall be placed in a manner that is proportional to the space on which it is located. This includes building signs as well as freestanding signs. 2. Signs shall be positioned to emphasize or accent elements such as entrances or storefront openings. 3. Signs shall not obstruct important architectural features. 4. Signs shall not obstruct any window or door, except for window signs allowed pursuant to Section C-705.D.7. 5. Signs shall not extend above the roofline, parapet or above the eave line. 6. No portion of a sign shall extend beyond the ends of the wall to which it is attached, unless it is a projecting or shingle sign. 7. Signage for occupants located on the second floor and above shall be located on signage by the primary entrance to those floors, unless otherwise allowed in Section C-705. 8. Signage shall be integrated into signs bands if provided. C) Materials 1. Signs shall be made of permanent, durable materials such as sealed wood, metals, metal composites, acrylic, polycarbonate, flexible face, brick, stucco, stone and other high-quality materials as approved by the Community Development Coordinator. 2. Prohibited materials include plexiglass, plywood, and vinyl unless located on windows. 3. Signs shall not incorporate reflective materials. 4. Neon paint is prohibited. 5. No paper or poster signs unless it is an allowable temporary sign pursuant to Section 3-1806. D) Illumination All illuminated signs shall comply with the following standards. Certain sign types may have additional limitations set forth in Section C-705.D. Sign Types. 1. External light sources intended to illuminate the sign face shall be fully shielded and placed close to, and directed upon, the sign face. 2. Light fixtures and mounting devices shall complement the color and design of the sign. 3. Exposed neon tube may be used. 4. Illumination shall not cast excessive lighting on upper-floor residences or on adjacent properties. 5. Ground mounted uplighting shall be permitted provided light does not spill off of the sign face. 6. Transformer boxes shall not be visible on any façade facing a street. SECTION C-705. ALLOWABLE SIGN AREA, NUMBER AND TYPES OF SIGNS A) Sign Area and Number of Signs The total maximum sign area and number of allowable signs shall be as determined in Table 5 below. For each cell in the table, there is a maximum allowed sign area that may be utilized with any combination and any number of signs associated with that cell, unless otherwise noted. The measurements for linear feet shall be at grade. B) Calculating Allowable Sign Area The following figures illustrate how to determine street frontage for the purposes of calculating sign area and how to calculate and apply allowable signage. ORD. 9217-19 Exhibit A | 4 of 18 SIGN TYPE MAXIMUM NUMBER OF SIGNS (Per Building or Establishment with Exterior Entrance or Parcel, whichever is applicable) TOTAL ALLOWABLE SIGN AREA (Per Building or Establishment with Exterior Entrance or Parcel, whichever is applicable) Building Signs Wall Signs Awning Signs Canopy Signs Projecting Signs Shingle Signs No more than 3 per facade along a street frontage. 1 square foot of sign area per 1 linear foot of building facade facing a street frontage or 24 square feet, whichever is greater. The total square footage of any combination of buildings signs shall not exceed 100 square feet. Under Canopy Signs 1 per facade along a street frontage 3 square feet Rear Entry Building Sign 1 per establishment with public rear entrance facing parking lot or Clearwater Harbor 16 square feet Window Signs N/A 10% of each fi rst fl oor window and glass door opening* Skyline Signs 1 per building facade along a street frontage 1 square foot per 1 foot of building height Freestanding Signs 1 sign per parcel fronting a street frontage with a building setback of at least 20 feet 1 square foot per 1 liner foot of building frontage or 24 square feet, whichever is greater, but no more than 64 square feet. Sidewalk Signs 1 sign per retail/restaurant use Consistent with Table 3-1806.1.a Criteria and Limitations for Sidewalk Signs * Does not include temporary signs pursuant to 3-1806. Table 5. Allowable Signage ORD. 9217-19 Exhibit A | 5 of 18 Figure 36. Building Frontage Determination Sidewalk Street Building Street Frontage Building Facade Building Facade Building Building Facade Building FacadeSidewalkStreetStreet FrontageDrawing Not to Scale ORD. 9217-19 Exhibit A | 6 of 18 Figure 37. Calculations Linear Building Facade60 FeetDrawing Not to Scale 8' 12'ProjectingSIGN* 18' B Sign Calculation Illustration: Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of buildingfacade facing the street frontage, or 24 square feet, whichever is greater. Maximum Buildings Signs Allowed: 3 Linear Feet of Building Facade: 60 feetTotal Building Signage Area Allowed: 60 square feet. A. Projecting Sign: One 32 Sf. (8'x2.5'=20 Sf. Rectangular section) + (12 Sf. Circular Section Rad=2'). B. Canopy Sign: Two 28 Sf. ( Two signs - 14'x1.0 '= 14 Sf. Each). Total Building Sign Area: 60 Sf. Number of Building Sign: 3 Additional Allowable Signage C. Proposed Window Sign: 24 Sf. (Two signs - 12 Sf. Each). 10% of Window area. Total Additional Signage: 24 Sf. Number of Additional Signs: 2 TOTAL SIGN AREA: 84 Sf. TOTAL NUMBER OF SIGNS: 5 CANOPY SIGN CANOPY SIGN A C ********** ORD. 9217-19 Exhibit A | 7 of 18 2.4' Linear Building Facade60 Feet 20' W A L L S I G N Drawing Not to Scale 2' A w n i n g V a l a n c e S i g nA w n i n g V a l a n c e S i g n*4' Sign Calculation Illustration:Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building facade facing the street frontage, or 24 square feet, whichever is greater. Maximum Buildings Signs Allowed: 3 Linear Feet of Building Facade: 60 feetTotal Building Signage Area Allowed: 60 Square Feet. A. Wall Sign: 40 Sf. (2'x20') B. Awning Sign: 9 Sf. (3'x3') C. Shingle Sign: 6 Sf. (2.4'x2.4') Total Building Sign Area: 55 Sf.Number of Building Sigs: 3 Additional Allowable Signage D. Proposed Window Sign: 24 Sf. (Two signs -12 Sf. Each). 10% of Total Window area.E. Proposed Awning Valance Sign: 10 Sf. (Two signs - 5 Sf. Each - 160"x0.75=120"x6"= 5 Sf.).Up to 75% of Valance Width. Total Additional Sign Area: 34 Sf. Number of Additional Signs: 4 TOTAL SIGN AREA: 89 Sf. TOTAL NUMBER OF SIGNS: 7 *** 4' 8' A B D C E Figure 38. Calculations ORD. 9217-19 Exhibit A | 8 of 18 D) Sign Types The following sign types are permitted in the Downtown District subject to the requirements below. C) Sign Design and Styles 1. Allowable sign styles/designs include flat cut out letters, shoebox cabinet signs, contour cabinet signs, capsule signs, push-through signs, signs sewn to or screen printed on awnings, open face channel letters, back-lit/halo channel letters, or other designs/styles that produce a high-quality appearance as approved by the Community Development Coordinator. 2. In addition to those prohibited signs set forth in Section 3-1804, the following sign designs and types shall not be permitted in the Downtown District. a. Standard cabinet signs b. Back-lit awning signs c. Internally illuminated channel letters/front-lit letters d. Signs painted on buildings e. Raceways and wireways, unless designed as an integral part of the sign design f. Paper/poster/etc. unless allowed pursuant to Section 3-1806 Temporary Signs ORD. 9217-19 Exhibit A | 9 of 18 Figure 39. Wall Sign Diagram Figure 40. Wall Sign Example Figure 41. Wall Sign Example 1. Wall Signs a. Description: A sign attached parallel to and placed either directly on or attached to the exterior wall of a building. b. Number of Signs: No more than 3 per establishment facing a street frontage. c. Dimensional Requirements 1. The width of a wall sign shall not exceed 75% of the length of the façade along a street. 2. Wall signs shall not project more than 12 inches from the building façade. d. Standards 1. Wall signs shall be located on the upper portion of the storefront, within or just above the storefront opening. 2. One main wall sign is permitted per facade facing a street. Smaller walls signs are permitted in compliance with Section C-705, Table 5. 3. Wall signs may be externally or internally illuminated in accordance with Sections C-704.D and Section C-705.C. 4. No wall sign may extend above the top of the first floor or the finished floor line of the second floor, unless otherwise approved by the Community Development Coordinator. ORD. 9217-19 Exhibit A | 10 of 18 Figure 42. Projecting Sign Diagram Figure 43. Projecting Sign Example Figure 44. Projecting Sign Example 2. Projecting Signs a. Description: A two-sided sign that is attached to and projects outward from the building. It is generally vertical in orientation and projects perpendicular to the building. b. Number of Signs: No more than 1 projecting sign per building. c. Dimensional Requirements 1. The width of a projecting sign shall not exceed 4 feet. 2. Sign brackets shall not extend more than 18 inches from the building wall. 3. Projecting signs shall be setback 5 feet from the curb line. d. Standards 1. A projecting sign shall be located a minimum of 30 feet from another projecting sign. 2. Projecting signs shall be located between the finished floor of the 2nd and 3rd story or between the 2nd story and roof. 3. A projecting sign may be located on a building corner and may incorporate sign area from both frontages provided the remaining allowable sign area is split proportionally among the two frontages. 4. Projecting signs may be externally or internally illuminated in accordance with Sections C-704.D and Section C-705.C. ORD. 9217-19 Exhibit A | 11 of 18 Figure 45. Canopy Sign Diagram Figure 46. Canopy Sign Example Figure 47. Canopy Sign Example 3. Canopy Signs a. Description: A sign that is attached to, applied to or affixed to the visible surface of an attached canopy. b. Number of Signs: No more than 2 canopy signs per establishment facing a street frontage. c. Dimensional Requirements 1. No more than 75% of the width of the canopy may be occupied by signage. 2. Letters attached to and projecting above the canopy shall be limited to 2 feet in height. 3. The vertical clearance from the sidewalk to the lowest point of the canopy shall be 8 feet. 4. The canopy shall be setback 5 feet from the curb line. d. Standards 1. Signs may be located on the face of the canopy or extend above it. 2. A raceway may be used to attach a canopy sign erected above a canopy provided it is concealed from view behind the canopy. 3. Canopy signs may be illuminated in accordance with Section C-704.D and Section C-705.C. ORD. 9217-19 Exhibit A | 12 of 18 Figure 48. Awning Sign Diagram Figure 49. Awning Sign Example Figure 50. Awning Sign Example 4. Awning Signs a. Description: A sign that is affixed flat to the valance or the shed of an awning. Such sign may be screen printed or appliqued to the awning. b. Number of Signs: No more than 1 awning sign shall be allowed on each awning shed and valance. c. Dimensional Requirements 1. No more than 30% of the shed area (sloping plane) of the awning may be occupied by signage. 2. Signs on awning valances 10 inches or less in height are exempt from the maximum allowable sign area and maximum number of permitted signs. 3. No more than 75% of the awning valance may be used for signage. 4. The vertical clearance from sidewalk to the lowest point of awning shall be 8 feet. 5. The awning shall be setback 5 feet from the curb line. d. Standards 1. Awning signs shall only be allowed on awnings erected over ground floor doors and/or windows. 2. Awning signs shall only be externally illuminated. 3. Signage is only allowed on the shed or valance of the awning along a street frontage. ORD. 9217-19 Exhibit A | 13 of 18 Figure 51. Shingle Sign Diagram Figure 52. Shingle Sign Example Figure 53. Shingle Sign Example 5. Shingle Signs a. Description: A small projecting sign that extends outward at a 90 degree angle and may either hang from brackets or be mounted with brackets to the building façade. b. Number of Signs: No more than 1 shingle sign per establishment along a street frontage. c. Dimensional Requirements 1. Shingle signs shall not exceed 6 square feet in area. 2. Shingle signs, including sign brackets, shall not extend more than 4 feet from the building wall. 3. The vertical clearance from the sidewalk to the lowest point of the shingle sign shall be 8 feet. 4. Shingle signs shall be setback 5 feet from curb line. d. Standards 1. A shingle sign shall be located a minimum of 15 feet from a projecting sign or another shingle sign. 2. Shingle signs shall be located below the finished floor level of the second story. ORD. 9217-19 Exhibit A | 14 of 18 Figure 54. Under Canopy Sign Example Figure 55. Under Canopy Sign Example Figure 56. Under Canopy Sign Example 6. Under Canopy Signs a. Description: A sign that is suspended from, and located entirely under a covered porch, covered walkway or canopy supported by a building. b. Number of Signs: No more than 1 per establishment facing a street frontage. c. Dimensional Requirements 1. Under canopy signs shall not project beyond the limitations of the covered porch or canopy. 2. The vertical clearance from the sidewalk to the lowest point of the under canopy sign shall be 7 feet. 3. Under canopy signs shall be setback 5 feet from the curb line. d. Standards 1. Under canopy signs shall be used only at ground floor locations except for upper floor businesses with covered entry porches or balconies. 2. Under canopy signs shall not be illuminated. 3. Under canopy signs shall be securely fixed to the underside of the canopy or porch. ORD. 9217-19 Exhibit A | 15 of 18 Figure 57. Window Sign Example Figure 58. Window Sign Example Figure 59. Window Sign Example 7. Window Signs a. Description: A sign that is affixed or attached to the inside of a window facing the street. b. Number of Signs: N/A c. Dimensional Requirements 1. Window signs shall not exceed 10% of any window or glass door opening. 2. The total area of window signs erected along a street frontage shall not exceed 50 square feet. d. Standards 1. Window signs shall be limited to windows and doors on the ground floor. 2. Window signs should be applied directly to the interior face of the glazing or hung inside the window, thereby concealing all mounting hardware and equipment 3. Window signs shall not obscure views into a business. 4. Window signs should complement the merchandise display without obscuring it. 5. Window signs should be scaled to the pedestrian instead of vehicular traffic. ORD. 9217-19 Exhibit A | 16 of 18 Figure 60. Skyline Sign Diagram Figure 61. Skyline Sign Example Figure 62. Skyline Sign Example 8. Skyline Signs a. Description: A building sign that is attached to the exterior wall of the upper band of a building. b. Number of Signs: No more than 1 sign per façade along a street frontage. c. Dimensional Requirements: The maximum height of a skyline signs shall not exceed an average of 4 feet. d. Standards 1. Skyline signs may be oriented horizontally or vertically. 2. Skyline signs shall not be externally illuminated. Internally illuminated signs are permitted provided the sign is in compliance with Sections C-704.D and C-705.B. 3. An allowable skyline sign may be located on any side of the building. 4. The design of a skyline sign shall be complementary and not compete with or detract from any sculpted roof design. ORD. 9217-19 Exhibit A | 17 of 18 Figure 63. Freestanding Sign Diagram Figure 64. Freestanding Sign Example Figure 65. Freestanding Sign Example 9. Freestanding Sign a. Description: A sign supported by a structure or supports that are permanently placed on or anchored in the ground that are independent of any building. b. Number of Signs: No more than 1 freestanding sign per parcel. c. Dimensional Requirements 1. Freestanding signs shall not exceed 6 feet height. 2. Freestanding signs shall be located in a landscaped area consisting of shrubs and/or ground cover at least 3 feet in width around the entire sign base. 3. Freestanding signs shall be setback 5 feet from any property line. d. Standards 1. Freestanding signs shall be designed with a distinctive design that is complementary to the building or with an architectural element used on the building such as an arch, capstone, pediment, distinctive roof form/material, etc. defining materials, textures and colors used on the building; or a shape, form or motif that portrays the business. 2. Freestanding signs shall be consistent with or complementary to the overall design, colors, materials and font style of the building signage. 3. Freestanding signs may be externally illuminated. Internally illuminated signs may be permitted only if the letters and graphics on the sign are illuminated. 4. The base and/or supports of freestanding signs shall be of a width that creates proportionality to the overall sign design. 5. No more than 25% of sign face area may contain two lines of zip track for manual changeable area. Such area and letters shall be coordinated with the color of the sign. ORD. 9217-19 Exhibit A | 18 of 18 Figure 66. Sidewalk Sign Example Figure 67. Sidewalk Sign Example Figure 68. Sidewalk Sign Example 10. Sidewalk Signs a. Description: A freestanding sign which placed upon the ground and that is portable and readily moved from place to place. b. Number of Signs: The allowable number of signs is set forth in Table 3-1806.1.a. c. Dimensional Requirements: Sidewalk signs shall comply with the dimensional requirements set forth in Table 3-1806.1.a. d. Standards: Sidewalk signs shall comply with the design standards set forth in Table 3-1806.1.a. 1 MOTION TO AMEND ORDINANCE NO. 9217-19 ON FIRST READING On page 3 of Exhibit A, Section C-705.A is amended to read as follows to add a reference to the sign designs and style and sign types subsections: Section C-705. ALLOWABLE SIGN AREA, NUMBER AND TYPES OF SIGNS A) Sign Area and Number of Signs The total maximum sign area and number of allowable signs shall be as determined in Table 5 below. For each cell in the table, there is a maximum allowed sign area that may be utilized with any combination and any number of sign associated with that cell, unless otherwise noted. The measurements for linear feet shall be at grade. Specific requirements for the allowable sign types are set forth in Section C-705.C and D. On page 10 of Exhibit A, Section C-705.D.2.b is amended to read as follows to revise the number of sign limitations to apply to establishments instead of to buildings: 2. Projecting Signs ************ b. Number of Signs: No more than 1 projecting sign per building establishment. ************ On page 12 of Exhibit A, Figure 49 is amended by removing the Givenchy awning sign example photograph and replacing it with the following photograph: 2 On page 13 of Exhibit A, Section C-705.D.5.d is amended to read as follows to add a reference specifying allowable illumination: 5. Shingle Signs ************ d. Standards 1.A shingle sign shall be located a minimum of 15 feet from a projecting sign or another shingle sign. 2. Shingle signs shall be located below the finished floor level of the second story. 3. Shingle signs may be externally or internally illuminated in accordance with Sections C-704.D and C-705.C On page 14 of Exhibit A, Section C-705.D.6.d.2 is amended to read as follows to allow external illumination of under canopy signs: 6. Under Canopy Sign ************ d. Standards 3 1. Under canopy signs shall be used only at ground floor locations except for upper floor businesses with covered entry porches or balconies 2. Under canopy signs shall not may be externally illuminated. 3. Under canopy signs shall be securely fixed to the underside of the canopy or porch. ___________________________ Pamela K. Akin City Attorney December 6, 2018 ORD. 9217-19 Exhibit A | 1 of 18 Division 7. Sign Standards SECTION C-701. INTENT AND PURPOSE The intent and purpose of this section is to establish specific standards for the Downtown District that implement Section 3-1801. General Principles, Section 3-1802. Purpose of the Sign Regulations as well as the following: A) Establish reasonable and improved sign standards for Downtown that encourages the use of a hierarchy of signs appropriately sized for a well-organized visual Downtown environment. B) Ensure that signs are complementary to the architectural design of Downtown. C) Ensure that signage is pedestrian oriented and appropriately scaled for the Downtown environment. D) Facilitate creative and innovative approaches to signs consistent with the intent and purpose of Section C-101 of the Downtown District. E) Encourage uniquely designed signs that exhibit a high degree of thoughtfulness, imagination and inventiveness. SECTION C-702. APPLICABILITY No sign may be erected, or may thereafter be altered or otherwise modified, in the Downtown District except in accordance with the requirements of this section. Requirements not specifically addressed in Appendix C, Division 7 are subject to the signage requirements set forth in Article 3, Division 18 Signs and Article 4, Division 10 Sign Permit. If there are any conflicts between these regulations and those in Article 3, Division 18, these standards shall govern. SECTION C-703. GENERAL STANDARDS A) Exempt and prohibited sign provisions set forth in Sections 3-1803 and 3-1804 shall apply in the Downtown District. B) General provisions for signs set forth in Section 3-1805 shall apply unless otherwise superseded by regulations contained in this Appendix C, Division 7. C) Temporary sign provisions set forth in Section 3-1806 shall apply in the Downtown District. D) Properties in the Downtown District shall be eligible for the Comprehensive Sign Program as set forth in Section 3-1808. SECTION C-704. GENERAL PRINCIPLES FOR SIGN PLANNING AND DESIGN STANDARDS Vibrant, well designed signs promote business activity, provide visual interest and create an interesting environment that attracts people. To ensure signage has a positive impact consistent with the vision and guiding principles established in the Clearwater Downtown Redevelopment Plan, the following general principles and design standards shall apply in addition to those set forth in Section C-705. below. A) Hierarchy of Signs Signs are the graphic representation of a business in the built environment, therefore, they should be designed in a concise manner to deliver essential information quickly, efficiently and at the point where it is needed. If more than one sign is erected on a single building/business façade a clear hierarchy should be used to ensure the important content is the most prominent. All signs shall be scaled in a clear hierarchy and shall address different viewer orientations and audiences. The most important information on a sign should be the most prominent and emphasized component of the sign. The more important the information, the higher its visibility should be with regard to sign size and placement. Layering information helps customers obtain the information they need while ensuring that every sign has an objective. Larger signs, which are intended to be viewed from farther distances should be strategically placed on the building façade over storefronts and entrances. Smaller signs can provide information at a smaller scale and be intended for view from shorter distances at the pedestrian level. ORD. 9217-19 Exhibit A | 2 of 18 Figure 33. Hierarchy of Signs Example Figure 34. Hierarchy of Signs Example Figure 35. Hierarchy of Signs Example ORD. 9217-19 Exhibit A | 3 of 18 B) Location and Alignment Signs shall comply with the following location and alignment standards in addition to any specific standards specified in Section C-705.D. Sign Types. 1. Signs shall be placed in a manner that is proportional to the space on which it is located. This includes building signs as well as freestanding signs. 2. Signs shall be positioned to emphasize or accent elements such as entrances or storefront openings. 3. Signs shall not obstruct important architectural features. 4. Signs shall not obstruct any window or door, except for window signs allowed pursuant to Section C-705.D.7. 5. Signs shall not extend above the roofline, parapet or above the eave line. 6. No portion of a sign shall extend beyond the ends of the wall to which it is attached, unless it is a projecting or shingle sign. 7. Signage for occupants located on the second floor and above shall be located on signage by the primary entrance to those floors, unless otherwise allowed in Section C-705. 8. Signage shall be integrated into signs bands if provided. C) Materials 1. Signs shall be made of permanent, durable materials such as sealed wood, metals, metal composites, acrylic, polycarbonate, flexible face, brick, stucco, stone and other high-quality materials as approved by the Community Development Coordinator. 2. Prohibited materials include plexiglass, plywood, and vinyl unless located on windows. 3. Signs shall not incorporate reflective materials. 4. Neon paint is prohibited. 5. No paper or poster signs unless it is an allowable temporary sign pursuant to Section 3-1806. D) Illumination All illuminated signs shall comply with the following standards. Certain sign types may have additional limitations set forth in Section C-705.D. Sign Types. 1. External light sources intended to illuminate the sign face shall be fully shielded and placed close to, and directed upon, the sign face. 2. Light fixtures and mounting devices shall complement the color and design of the sign. 3. Exposed neon tube may be used. 4. Illumination shall not cast excessive lighting on upper-floor residences or on adjacent properties. 5. Ground mounted uplighting shall be permitted provided light does not spill off of the sign face. 6. Transformer boxes shall not be visible on any façade facing a street. SECTION C-705. ALLOWABLE SIGN AREA, NUMBER AND TYPES OF SIGNS A) Sign Area and Number of Signs The total maximum sign area and number of allowable signs shall be as determined in Table 5 below. For each cell in the table, there is a maximum allowed sign area that may be utilized with any combination and any number of signs associated with that cell, unless otherwise noted. The measurements for linear feet shall be at grade. Specific requirements for the allowable sign types are set forth in Section C-705.C and D. B) Calculating Allowable Sign Area The following figures illustrate how to determine street frontage for the purposes of calculating sign area and how to calculate and apply allowable signage. ORD. 9217-19 Exhibit A | 4 of 18 SIGN TYPE MAXIMUM NUMBER OF SIGNS (Per Building or Establishment with Exterior Entrance or Parcel, whichever is applicable) TOTAL ALLOWABLE SIGN AREA (Per Building or Establishment with Exterior Entrance or Parcel, whichever is applicable) Building Signs Wall Signs Awning Signs Canopy Signs Projecting Signs Shingle Signs No more than 3 per facade along a street frontage. 1 square foot of sign area per 1 linear foot of building facade facing a street frontage or 24 square feet, whichever is greater. The total square footage of any combination of buildings signs shall not exceed 100 square feet. Under Canopy Signs 1 per facade along a street frontage 3 square feet Rear Entry Building Sign 1 per establishment with public rear entrance facing parking lot or Clearwater Harbor 16 square feet Window Signs N/A 10% of each fi rst fl oor window and glass door opening* Skyline Signs 1 per building facade along a street frontage 1 square foot per 1 foot of building height Freestanding Signs 1 sign per parcel fronting a street frontage with a building setback of at least 20 feet 1 square foot per 1 liner foot of building frontage or 24 square feet, whichever is greater, but no more than 64 square feet. Sidewalk Signs 1 sign per retail/restaurant use Consistent with Table 3-1806.1.a Criteria and Limitations for Sidewalk Signs * Does not include temporary signs pursuant to 3-1806. Table 5. Allowable Signage ORD. 9217-19 Exhibit A | 5 of 18 Figure 36. Building Frontage Determination Sidewalk Street Building Street Frontage Building Facade Building Facade Building Building Facade Building FacadeSidewalkStreetStreet FrontageDrawing Not to Scale ORD. 9217-19 Exhibit A | 6 of 18 Figure 37. Calculations Linear Building Facade60 FeetDrawing Not to Scale 8' 12'ProjectingSIGN* 18' B Sign Calculation Illustration: Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of buildingfacade facing the street frontage, or 24 square feet, whichever is greater. Maximum Buildings Signs Allowed: 3 Linear Feet of Building Facade: 60 feetTotal Building Signage Area Allowed: 60 square feet. A. Projecting Sign: One 32 Sf. (8'x2.5'=20 Sf. Rectangular section) + (12 Sf. Circular Section Rad=2'). B. Canopy Sign: Two 28 Sf. ( Two signs - 14'x1.0 '= 14 Sf. Each). Total Building Sign Area: 60 Sf. Number of Building Sign: 3 Additional Allowable Signage C. Proposed Window Sign: 24 Sf. (Two signs - 12 Sf. Each). 10% of Window area. Total Additional Signage: 24 Sf. Number of Additional Signs: 2 TOTAL SIGN AREA: 84 Sf. TOTAL NUMBER OF SIGNS: 5 CANOPY SIGN CANOPY SIGN A C ********** ORD. 9217-19 Exhibit A | 7 of 18 2.4' Linear Building Facade60 Feet 20' W A L L S I G N Drawing Not to Scale 2' A w n i n g V a l a n c e S i g nA w n i n g V a l a n c e S i g n*4' Sign Calculation Illustration:Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building facade facing the street frontage, or 24 square feet, whichever is greater. Maximum Buildings Signs Allowed: 3 Linear Feet of Building Facade: 60 feetTotal Building Signage Area Allowed: 60 Square Feet. A. Wall Sign: 40 Sf. (2'x20') B. Awning Sign: 9 Sf. (3'x3') C. Shingle Sign: 6 Sf. (2.4'x2.4') Total Building Sign Area: 55 Sf.Number of Building Sigs: 3 Additional Allowable Signage D. Proposed Window Sign: 24 Sf. (Two signs -12 Sf. Each). 10% of Total Window area.E. Proposed Awning Valance Sign: 10 Sf. (Two signs - 5 Sf. Each - 160"x0.75=120"x6"= 5 Sf.).Up to 75% of Valance Width. Total Additional Sign Area: 34 Sf. Number of Additional Signs: 4 TOTAL SIGN AREA: 89 Sf. TOTAL NUMBER OF SIGNS: 7 *** 4' 8' A B D C E Figure 38. Calculations ORD. 9217-19 Exhibit A | 8 of 18 D) Sign Types The following sign types are permitted in the Downtown District subject to the requirements below. C) Sign Design and Styles 1. Allowable sign styles/designs include flat cut out letters, shoebox cabinet signs, contour cabinet signs, capsule signs, push-through signs, signs sewn to or screen printed on awnings, open face channel letters, back-lit/halo channel letters, or other designs/styles that produce a high-quality appearance as approved by the Community Development Coordinator. 2. In addition to those prohibited signs set forth in Section 3-1804, the following sign designs and types shall not be permitted in the Downtown District. a. Standard cabinet signs b. Back-lit awning signs c. Internally illuminated channel letters/front-lit letters d. Signs painted on buildings e. Raceways and wireways, unless designed as an integral part of the sign design f. Paper/poster/etc. unless allowed pursuant to Section 3-1806 Temporary Signs ORD. 9217-19 Exhibit A | 9 of 18 Figure 39. Wall Sign Diagram Figure 40. Wall Sign Example Figure 41. Wall Sign Example 1. Wall Signs a. Description: A sign attached parallel to and placed either directly on or attached to the exterior wall of a building. b. Number of Signs: No more than 3 per establishment facing a street frontage. c. Dimensional Requirements 1. The width of a wall sign shall not exceed 75% of the length of the façade along a street. 2. Wall signs shall not project more than 12 inches from the building façade. d. Standards 1. Wall signs shall be located on the upper portion of the storefront, within or just above the storefront opening. 2. One main wall sign is permitted per facade facing a street. Smaller walls signs are permitted in compliance with Section C-705, Table 5. 3. Wall signs may be externally or internally illuminated in accordance with Sections C-704.D and Section C-705.C. 4. No wall sign may extend above the top of the first floor or the finished floor line of the second floor, unless otherwise approved by the Community Development Coordinator. ORD. 9217-19 Exhibit A | 10 of 18 Figure 42. Projecting Sign Diagram Figure 43. Projecting Sign Example Figure 44. Projecting Sign Example 2. Projecting Signs a. Description: A two-sided sign that is attached to and projects outward from the building. It is generally vertical in orientation and projects perpendicular to the building. b. Number of Signs: No more than 1 projecting sign per establishment. c. Dimensional Requirements 1. The width of a projecting sign shall not exceed 4 feet. 2. Sign brackets shall not extend more than 18 inches from the building wall. 3. Projecting signs shall be setback 5 feet from the curb line. d. Standards 1. A projecting sign shall be located a minimum of 30 feet from another projecting sign. 2. Projecting signs shall be located between the finished floor of the 2nd and 3rd story or between the 2nd story and roof. 3. A projecting sign may be located on a building corner and may incorporate sign area from both frontages provided the remaining allowable sign area is split proportionally among the two frontages. 4. Projecting signs may be externally or internally illuminated in accordance with Sections C-704.D and Section C-705.C. ORD. 9217-19 Exhibit A | 11 of 18 Figure 45. Canopy Sign Diagram Figure 46. Canopy Sign Example Figure 47. Canopy Sign Example 3. Canopy Signs a. Description: A sign that is attached to, applied to or affixed to the visible surface of an attached canopy. b. Number of Signs: No more than 2 canopy signs per establishment facing a street frontage. c. Dimensional Requirements 1. No more than 75% of the width of the canopy may be occupied by signage. 2. Letters attached to and projecting above the canopy shall be limited to 2 feet in height. 3. The vertical clearance from the sidewalk to the lowest point of the canopy shall be 8 feet. 4. The canopy shall be setback 5 feet from the curb line. d. Standards 1. Signs may be located on the face of the canopy or extend above it. 2. A raceway may be used to attach a canopy sign erected above a canopy provided it is concealed from view behind the canopy. 3. Canopy signs may be illuminated in accordance with Section C-704.D and Section C-705.C. ORD. 9217-19 Exhibit A | 12 of 18 Figure 48. Awning Sign Diagram Figure 49. Awning Sign Example Figure 50. Awning Sign Example 4. Awning Signs a. Description: A sign that is affixed flat to the valance or the shed of an awning. Such sign may be screen printed or appliqued to the awning. b. Number of Signs: No more than 1 awning sign shall be allowed on each awning shed and valance. c. Dimensional Requirements 1. No more than 30% of the shed area (sloping plane) of the awning may be occupied by signage. 2. Signs on awning valances 10 inches or less in height are exempt from the maximum allowable sign area and maximum number of permitted signs. 3. No more than 75% of the awning valance may be used for signage. 4. The vertical clearance from sidewalk to the lowest point of awning shall be 8 feet. 5. The awning shall be setback 5 feet from the curb line. d. Standards 1. Awning signs shall only be allowed on awnings erected over ground floor doors and/or windows. 2. Awning signs shall only be externally illuminated. 3. Signage is only allowed on the shed or valance of the awning along a street frontage. ORD. 9217-19 Exhibit A | 13 of 18 Figure 51. Shingle Sign Diagram Figure 52. Shingle Sign Example Figure 53. Shingle Sign Example 5. Shingle Signs a. Description: A small projecting sign that extends outward at a 90 degree angle and may either hang from brackets or be mounted with brackets to the building façade. b. Number of Signs: No more than 1 shingle sign per establishment along a street frontage. c. Dimensional Requirements 1. Shingle signs shall not exceed 6 square feet in area. 2. Shingle signs, including sign brackets, shall not extend more than 4 feet from the building wall. 3. The vertical clearance from the sidewalk to the lowest point of the shingle sign shall be 8 feet. 4. Shingle signs shall be setback 5 feet from curb line. d. Standards 1. A shingle sign shall be located a minimum of 15 feet from a projecting sign or another shingle sign. 2. Shingle signs shall be located below the finished floor level of the second story. 3. Shingle signs may be externally or internally illuminated in accordance with Sections C-704.D and C-705.C. ORD. 9217-19 Exhibit A | 14 of 18 Figure 54. Under Canopy Sign Example Figure 55. Under Canopy Sign Example Figure 56. Under Canopy Sign Example 6. Under Canopy Signs a. Description: A sign that is suspended from, and located entirely under a covered porch, covered walkway or canopy supported by a building. b. Number of Signs: No more than 1 per establishment facing a street frontage. c. Dimensional Requirements 1. Under canopy signs shall not project beyond the limitations of the covered porch or canopy. 2. The vertical clearance from the sidewalk to the lowest point of the under canopy sign shall be 7 feet. 3. Under canopy signs shall be setback 5 feet from the curb line. d. Standards 1. Under canopy signs shall be used only at ground floor locations except for upper floor businesses with covered entry porches or balconies. 2. Under canopy signs may be externally illuminated. 3. Under canopy signs shall be securely fixed to the underside of the canopy or porch. ORD. 9217-19 Exhibit A | 15 of 18 Figure 57. Window Sign Example Figure 58. Window Sign Example Figure 59. Window Sign Example 7. Window Signs a. Description: A sign that is affixed or attached to the inside of a window facing the street. b. Number of Signs: N/A c. Dimensional Requirements 1. Window signs shall not exceed 10% of any window or glass door opening. 2. The total area of window signs erected along a street frontage shall not exceed 50 square feet. d. Standards 1. Window signs shall be limited to windows and doors on the ground floor. 2. Window signs should be applied directly to the interior face of the glazing or hung inside the window, thereby concealing all mounting hardware and equipment 3. Window signs shall not obscure views into a business. 4. Window signs should complement the merchandise display without obscuring it. 5. Window signs should be scaled to the pedestrian instead of vehicular traffic. ORD. 9217-19 Exhibit A | 16 of 18 Figure 60. Skyline Sign Diagram Figure 61. Skyline Sign Example Figure 62. Skyline Sign Example 8. Skyline Signs a. Description: A building sign that is attached to the exterior wall of the upper band of a building. b. Number of Signs: No more than 1 sign per façade along a street frontage. c. Dimensional Requirements: The maximum height of a skyline signs shall not exceed an average of 4 feet. d. Standards 1. Skyline signs may be oriented horizontally or vertically. 2. Skyline signs shall not be externally illuminated. Internally illuminated signs are permitted provided the sign is in compliance with Sections C-704.D and C-705.B. 3. An allowable skyline sign may be located on any side of the building. 4. The design of a skyline sign shall be complementary and not compete with or detract from any sculpted roof design. ORD. 9217-19 Exhibit A | 17 of 18 Figure 63. Freestanding Sign Diagram Figure 64. Freestanding Sign Example Figure 65. Freestanding Sign Example 9. Freestanding Sign a. Description: A sign supported by a structure or supports that are permanently placed on or anchored in the ground that are independent of any building. b. Number of Signs: No more than 1 freestanding sign per parcel. c. Dimensional Requirements 1. Freestanding signs shall not exceed 6 feet height. 2. Freestanding signs shall be located in a landscaped area consisting of shrubs and/or ground cover at least 3 feet in width around the entire sign base. 3. Freestanding signs shall be setback 5 feet from any property line. d. Standards 1. Freestanding signs shall be designed with a distinctive design that is complementary to the building or with an architectural element used on the building such as an arch, capstone, pediment, distinctive roof form/material, etc. defining materials, textures and colors used on the building; or a shape, form or motif that portrays the business. 2. Freestanding signs shall be consistent with or complementary to the overall design, colors, materials and font style of the building signage. 3. Freestanding signs may be externally illuminated. Internally illuminated signs may be permitted only if the letters and graphics on the sign are illuminated. 4. The base and/or supports of freestanding signs shall be of a width that creates proportionality to the overall sign design. 5. No more than 25% of sign face area may contain two lines of zip track for manual changeable area. Such area and letters shall be coordinated with the color of the sign. ORD. 9217-19 Exhibit A | 18 of 18 Figure 66. Sidewalk Sign Example Figure 67. Sidewalk Sign Example Figure 68. Sidewalk Sign Example 10. Sidewalk Signs a. Description: A freestanding sign which placed upon the ground and that is portable and readily moved from place to place. b. Number of Signs: The allowable number of signs is set forth in Table 3-1806.1.a. c. Dimensional Requirements: Sidewalk signs shall comply with the dimensional requirements set forth in Table 3-1806.1.a. d. Standards: Sidewalk signs shall comply with the design standards set forth in Table 3-1806.1.a. ORD. 9217-19 Exhibit A | 1 of 18 Division 7. Sign Standards SECTION C-701. INTENT AND PURPOSE The intent and purpose of this section is to establish specific standards for the Downtown District that implement Section 3-1801. General Principles, Section 3-1802. Purpose of the Sign Regulations as well as the following: A) Establish reasonable and improved sign standards for Downtown that encourages the use of a hierarchy of signs appropriately sized for a well-organized visual Downtown environment. B) Ensure that signs are complementary to the architectural design of Downtown. C) Ensure that signage is pedestrian oriented and appropriately scaled for the Downtown environment. D) Facilitate creative and innovative approaches to signs consistent with the intent and purpose of Section C-101 of the Downtown District. E) Encourage uniquely designed signs that exhibit a high degree of thoughtfulness, imagination and inventiveness. SECTION C-702. APPLICABILITY No sign may be erected, or may thereafter be altered or otherwise modified, in the Downtown District except in accordance with the requirements of this section. Requirements not specifically addressed in Appendix C, Division 7 are subject to the signage requirements set forth in Article 3, Division 18 Signs and Article 4, Division 10 Sign Permit. If there are any conflicts between these regulations and those in Article 3, Division 18, these standards shall govern. SECTION C-703. GENERAL STANDARDS A) Exempt and prohibited sign provisions set forth in Sections 3-1803 and 3-1804 shall apply in the Downtown District. B) General provisions for signs set forth in Section 3-1805 shall apply unless otherwise superseded by regulations contained in this Appendix C, Division 7. C) Temporary sign provisions set forth in Section 3-1806 shall apply in the Downtown District. D) Properties in the Downtown District shall be eligible for the Comprehensive Sign Program as set forth in Section 3-1808. SECTION C-704. GENERAL PRINCIPLES FOR SIGN PLANNING AND DESIGN STANDARDS Vibrant, well designed signs promote business activity, provide visual interest and create an interesting environment that attracts people. To ensure signage has a positive impact consistent with the vision and guiding principles established in the Clearwater Downtown Redevelopment Plan, the following general principles and design standards shall apply in addition to those set forth in Section C-705. below. A) Hierarchy of Signs Signs are the graphic representation of a business in the built environment, therefore, they should be designed in a concise manner to deliver essential information quickly, efficiently and at the point where it is needed. If more than one sign is erected on a single building/business façade a clear hierarchy should be used to ensure the important content is the most prominent. All signs shall be scaled in a clear hierarchy and shall address different viewer orientations and audiences. The most important information on a sign should be the most prominent and emphasized component of the sign. The more important the information, the higher its visibility should be with regard to sign size and placement. Layering information helps customers obtain the information they need while ensuring that every sign has an objective. Larger signs, which are intended to be viewed from farther distances should be strategically placed on the building façade over storefronts and entrances. Smaller signs can provide information at a smaller scale and be intended for view from shorter distances at the pedestrian level. ORD. 9217-19 Exhibit A | 2 of 18 Figure 33. Hierarchy of Signs Example Figure 34. Hierarchy of Signs Example Figure 35. Hierarchy of Signs Example ORD. 9217-19 Exhibit A | 3 of 18 B) Location and Alignment Signs shall comply with the following location and alignment standards in addition to any specific standards specified in Section C-705.D. Sign Types. 1. Signs shall be placed in a manner that is proportional to the space on which it is located. This includes building signs as well as freestanding signs. 2. Signs shall be positioned to emphasize or accent elements such as entrances or storefront openings. 3. Signs shall not obstruct important architectural features. 4. Signs shall not obstruct any window or door, except for window signs allowed pursuant to Section C-705.D.7. 5. Signs shall not extend above the roofline, parapet or above the eave line. 6. No portion of a sign shall extend beyond the ends of the wall to which it is attached, unless it is a projecting or shingle sign. 7. Signage for occupants located on the second floor and above shall be located on signage by the primary entrance to those floors, unless otherwise allowed in Section C-705. 8. Signage shall be integrated into signs bands if provided. C) Materials 1. Signs shall be made of permanent, durable materials such as sealed wood, metals, metal composites, acrylic, polycarbonate, flexible face, brick, stucco, stone and other high-quality materials as approved by the Community Development Coordinator. 2. Prohibited materials include plexiglass, plywood, and vinyl unless located on windows. 3. Signs shall not incorporate reflective materials. 4. Neon paint is prohibited. 5. No paper or poster signs unless it is an allowable temporary sign pursuant to Section 3-1806. D) Illumination All illuminated signs shall comply with the following standards. Certain sign types may have additional limitations set forth in Section C-705.D. Sign Types. 1. External light sources intended to illuminate the sign face shall be fully shielded and placed close to, and directed upon, the sign face. 2. Light fixtures and mounting devices shall complement the color and design of the sign. 3. Exposed neon tube may be used. 4. Illumination shall not cast excessive lighting on upper-floor residences or on adjacent properties. 5. Ground mounted uplighting shall be permitted provided light does not spill off of the sign face. 6. Transformer boxes shall not be visible on any façade facing a street. SECTION C-705. ALLOWABLE SIGN AREA, NUMBER AND TYPES OF SIGNS A) Sign Area and Number of Signs The total maximum sign area and number of allowable signs shall be as determined in Table 5 below. For each cell in the table, there is a maximum allowed sign area that may be utilized with any combination and any number of signs associated with that cell, unless otherwise noted. The measurements for linear feet shall be at grade. Specific requirements for the allowable sign types are set forth in Section C-705.C and D. B) Calculating Allowable Sign Area The following figures illustrate how to determine street frontage for the purposes of calculating sign area and how to calculate and apply allowable signage. ORD. 9217-19 Exhibit A | 4 of 18 SIGN TYPE MAXIMUM NUMBER OF SIGNS (Per Building or Establishment with Exterior Entrance or Parcel, whichever is applicable) TOTAL ALLOWABLE SIGN AREA (Per Building or Establishment with Exterior Entrance or Parcel, whichever is applicable) Building Signs Wall Signs Awning Signs Canopy Signs Projecting Signs Shingle Signs No more than 3 per facade along a street frontage. 1 square foot of sign area per 1 linear foot of building facade facing a street frontage or 24 square feet, whichever is greater. The total square footage of any combination of buildings signs shall not exceed 100 square feet. Under Canopy Signs 1 per facade along a street frontage 3 square feet Rear Entry Building Sign 1 per establishment with public rear entrance facing parking lot or Clearwater Harbor 16 square feet Window Signs N/A 10% of each fi rst fl oor window and glass door opening* Skyline Signs 1 per building facade along a street frontage 1 square foot per 1 foot of building height Freestanding Signs 1 sign per parcel fronting a street frontage with a building setback of at least 20 feet 1 square foot per 1 liner foot of building frontage or 24 square feet, whichever is greater, but no more than 64 square feet. Sidewalk Signs 1 sign per retail/restaurant use Consistent with Table 3-1806.1.a Criteria and Limitations for Sidewalk Signs * Does not include temporary signs pursuant to 3-1806. Table 5. Allowable Signage ORD. 9217-19 Exhibit A | 5 of 18 Figure 36. Building Frontage Determination Sidewalk Street Building Street Frontage Building Facade Building Facade Building Building Facade Building FacadeSidewalkStreetStreet FrontageDrawing Not to Scale ORD. 9217-19 Exhibit A | 6 of 18 Figure 37. Calculations Linear Building Facade60 FeetDrawing Not to Scale 8' 12'ProjectingSIGN* 18' B Sign Calculation Illustration: Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of buildingfacade facing the street frontage, or 24 square feet, whichever is greater. Maximum Buildings Signs Allowed: 3 Linear Feet of Building Facade: 60 feetTotal Building Signage Area Allowed: 60 square feet. A. Projecting Sign: One 32 Sf. (8'x2.5'=20 Sf. Rectangular section) + (12 Sf. Circular Section Rad=2'). B. Canopy Sign: Two 28 Sf. ( Two signs - 14'x1.0 '= 14 Sf. Each). Total Building Sign Area: 60 Sf. Number of Building Sign: 3 Additional Allowable Signage C. Proposed Window Sign: 24 Sf. (Two signs - 12 Sf. Each). 10% of Window area. Total Additional Signage: 24 Sf. Number of Additional Signs: 2 TOTAL SIGN AREA: 84 Sf. TOTAL NUMBER OF SIGNS: 5 CANOPY SIGN CANOPY SIGN A C ********** ORD. 9217-19 Exhibit A | 7 of 18 2.4' Linear Building Facade60 Feet 20' W A L L S I G N Drawing Not to Scale 2' A w n i n g V a l a n c e S i g nA w n i n g V a l a n c e S i g n*4' Sign Calculation Illustration:Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building facade facing the street frontage, or 24 square feet, whichever is greater. Maximum Buildings Signs Allowed: 3 Linear Feet of Building Facade: 60 feetTotal Building Signage Area Allowed: 60 Square Feet. A. Wall Sign: 40 Sf. (2'x20') B. Awning Sign: 9 Sf. (3'x3') C. Shingle Sign: 6 Sf. (2.4'x2.4') Total Building Sign Area: 55 Sf.Number of Building Sigs: 3 Additional Allowable Signage D. Proposed Window Sign: 24 Sf. (Two signs -12 Sf. Each). 10% of Total Window area.E. Proposed Awning Valance Sign: 10 Sf. (Two signs - 5 Sf. Each - 160"x0.75=120"x6"= 5 Sf.).Up to 75% of Valance Width. Total Additional Sign Area: 34 Sf. Number of Additional Signs: 4 TOTAL SIGN AREA: 89 Sf. TOTAL NUMBER OF SIGNS: 7 *** 4' 8' A B D C E Figure 38. Calculations ORD. 9217-19 Exhibit A | 8 of 18 D) Sign Types The following sign types are permitted in the Downtown District subject to the requirements below. C) Sign Design and Styles 1. Allowable sign styles/designs include flat cut out letters, shoebox cabinet signs, contour cabinet signs, capsule signs, push-through signs, signs sewn to or screen printed on awnings, open face channel letters, back-lit/halo channel letters, or other designs/styles that produce a high-quality appearance as approved by the Community Development Coordinator. 2. In addition to those prohibited signs set forth in Section 3-1804, the following sign designs and types shall not be permitted in the Downtown District. a. Standard cabinet signs b. Back-lit awning signs c. Internally illuminated channel letters/front-lit letters d. Signs painted on buildings e. Raceways and wireways, unless designed as an integral part of the sign design f. Paper/poster/etc. unless allowed pursuant to Section 3-1806 Temporary Signs ORD. 9217-19 Exhibit A | 9 of 18 Figure 39. Wall Sign Diagram Figure 40. Wall Sign Example Figure 41. Wall Sign Example 1. Wall Signs a. Description: A sign attached parallel to and placed either directly on or attached to the exterior wall of a building. b. Number of Signs: No more than 3 per establishment facing a street frontage. c. Dimensional Requirements 1. The width of a wall sign shall not exceed 75% of the length of the façade along a street. 2. Wall signs shall not project more than 12 inches from the building façade. d. Standards 1. Wall signs shall be located on the upper portion of the storefront, within or just above the storefront opening. 2. One main wall sign is permitted per facade facing a street. Smaller walls signs are permitted in compliance with Section C-705, Table 5. 3. Wall signs may be externally or internally illuminated in accordance with Sections C-704.D and Section C-705.C. 4. No wall sign may extend above the top of the first floor or the finished floor line of the second floor, unless otherwise approved by the Community Development Coordinator. ORD. 9217-19 Exhibit A | 10 of 18 Figure 42. Projecting Sign Diagram Figure 43. Projecting Sign Example Figure 44. Projecting Sign Example 2. Projecting Signs a. Description: A two-sided sign that is attached to and projects outward from the building. It is generally vertical in orientation and projects perpendicular to the building. b. Number of Signs: No more than 1 projecting sign per building establishment. c. Dimensional Requirements 1. The width of a projecting sign shall not exceed 4 feet. 2. Sign brackets shall not extend more than 18 inches from the building wall. 3. Projecting signs shall be setback 5 feet from the curb line. d. Standards 1. A projecting sign shall be located a minimum of 30 feet from another projecting sign. 2. Projecting signs shall be located between the finished floor of the 2nd and 3rd story or between the 2nd story and roof. 3. A projecting sign may be located on a building corner and may incorporate sign area from both frontages provided the remaining allowable sign area is split proportionally among the two frontages. 4. Projecting signs may be externally or internally illuminated in accordance with Sections C-704.D and Section C-705.C. ORD. 9217-19 Exhibit A | 11 of 18 Figure 45. Canopy Sign Diagram Figure 46. Canopy Sign Example Figure 47. Canopy Sign Example 3. Canopy Signs a. Description: A sign that is attached to, applied to or affixed to the visible surface of an attached canopy. b. Number of Signs: No more than 2 canopy signs per establishment facing a street frontage. c. Dimensional Requirements 1. No more than 75% of the width of the canopy may be occupied by signage. 2. Letters attached to and projecting above the canopy shall be limited to 2 feet in height. 3. The vertical clearance from the sidewalk to the lowest point of the canopy shall be 8 feet. 4. The canopy shall be setback 5 feet from the curb line. d. Standards 1. Signs may be located on the face of the canopy or extend above it. 2. A raceway may be used to attach a canopy sign erected above a canopy provided it is concealed from view behind the canopy. 3. Canopy signs may be illuminated in accordance with Section C-704.D and Section C-705.C. ORD. 9217-19 Exhibit A | 12 of 18 Figure 48. Awning Sign Diagram Figure 49. Awning Sign Example Figure 50. Awning Sign Example 4. Awning Signs a. Description: A sign that is affixed flat to the valance or the shed of an awning. Such sign may be screen printed or appliqued to the awning. b. Number of Signs: No more than 1 awning sign shall be allowed on each awning shed and valance. c. Dimensional Requirements 1. No more than 30% of the shed area (sloping plane) of the awning may be occupied by signage. 2. Signs on awning valances 10 inches or less in height are exempt from the maximum allowable sign area and maximum number of permitted signs. 3. No more than 75% of the awning valance may be used for signage. 4. The vertical clearance from sidewalk to the lowest point of awning shall be 8 feet. 5. The awning shall be setback 5 feet from the curb line. d. Standards 1. Awning signs shall only be allowed on awnings erected over ground floor doors and/or windows. 2. Awning signs shall only be externally illuminated. 3. Signage is only allowed on the shed or valance of the awning along a street frontage. ORD. 9217-19 Exhibit A | 13 of 18 Figure 51. Shingle Sign Diagram Figure 52. Shingle Sign Example Figure 53. Shingle Sign Example 5. Shingle Signs a. Description: A small projecting sign that extends outward at a 90 degree angle and may either hang from brackets or be mounted with brackets to the building façade. b. Number of Signs: No more than 1 shingle sign per establishment along a street frontage. c. Dimensional Requirements 1. Shingle signs shall not exceed 6 square feet in area. 2. Shingle signs, including sign brackets, shall not extend more than 4 feet from the building wall. 3. The vertical clearance from the sidewalk to the lowest point of the shingle sign shall be 8 feet. 4. Shingle signs shall be setback 5 feet from curb line. d. Standards 1. A shingle sign shall be located a minimum of 15 feet from a projecting sign or another shingle sign. 2. Shingle signs shall be located below the finished floor level of the second story. 3. Shingle signs may be externally or internally illuminated in accordance with Sections C-704.D and C-705.C. ORD. 9217-19 Exhibit A | 14 of 18 Figure 54. Under Canopy Sign Example Figure 55. Under Canopy Sign Example Figure 56. Under Canopy Sign Example 6. Under Canopy Signs a. Description: A sign that is suspended from, and located entirely under a covered porch, covered walkway or canopy supported by a building. b. Number of Signs: No more than 1 per establishment facing a street frontage. c. Dimensional Requirements 1. Under canopy signs shall not project beyond the limitations of the covered porch or canopy. 2. The vertical clearance from the sidewalk to the lowest point of the under canopy sign shall be 7 feet. 3. Under canopy signs shall be setback 5 feet from the curb line. d. Standards 1. Under canopy signs shall be used only at ground floor locations except for upper floor businesses with covered entry porches or balconies. 2. Under canopy signs shall not may be externally illuminated. 3. Under canopy signs shall be securely fixed to the underside of the canopy or porch. ORD. 9217-19 Exhibit A | 15 of 18 Figure 57. Window Sign Example Figure 58. Window Sign Example Figure 59. Window Sign Example 7. Window Signs a. Description: A sign that is affixed or attached to the inside of a window facing the street. b. Number of Signs: N/A c. Dimensional Requirements 1. Window signs shall not exceed 10% of any window or glass door opening. 2. The total area of window signs erected along a street frontage shall not exceed 50 square feet. d. Standards 1. Window signs shall be limited to windows and doors on the ground floor. 2. Window signs should be applied directly to the interior face of the glazing or hung inside the window, thereby concealing all mounting hardware and equipment 3. Window signs shall not obscure views into a business. 4. Window signs should complement the merchandise display without obscuring it. 5. Window signs should be scaled to the pedestrian instead of vehicular traffic. ORD. 9217-19 Exhibit A | 16 of 18 Figure 60. Skyline Sign Diagram Figure 61. Skyline Sign Example Figure 62. Skyline Sign Example 8. Skyline Signs a. Description: A building sign that is attached to the exterior wall of the upper band of a building. b. Number of Signs: No more than 1 sign per façade along a street frontage. c. Dimensional Requirements: The maximum height of a skyline signs shall not exceed an average of 4 feet. d. Standards 1. Skyline signs may be oriented horizontally or vertically. 2. Skyline signs shall not be externally illuminated. Internally illuminated signs are permitted provided the sign is in compliance with Sections C-704.D and C-705.B. 3. An allowable skyline sign may be located on any side of the building. 4. The design of a skyline sign shall be complementary and not compete with or detract from any sculpted roof design. ORD. 9217-19 Exhibit A | 17 of 18 Figure 63. Freestanding Sign Diagram Figure 64. Freestanding Sign Example Figure 65. Freestanding Sign Example 9. Freestanding Sign a. Description: A sign supported by a structure or supports that are permanently placed on or anchored in the ground that are independent of any building. b. Number of Signs: No more than 1 freestanding sign per parcel. c. Dimensional Requirements 1. Freestanding signs shall not exceed 6 feet height. 2. Freestanding signs shall be located in a landscaped area consisting of shrubs and/or ground cover at least 3 feet in width around the entire sign base. 3. Freestanding signs shall be setback 5 feet from any property line. d. Standards 1. Freestanding signs shall be designed with a distinctive design that is complementary to the building or with an architectural element used on the building such as an arch, capstone, pediment, distinctive roof form/material, etc. defining materials, textures and colors used on the building; or a shape, form or motif that portrays the business. 2. Freestanding signs shall be consistent with or complementary to the overall design, colors, materials and font style of the building signage. 3. Freestanding signs may be externally illuminated. Internally illuminated signs may be permitted only if the letters and graphics on the sign are illuminated. 4. The base and/or supports of freestanding signs shall be of a width that creates proportionality to the overall sign design. 5. No more than 25% of sign face area may contain two lines of zip track for manual changeable area. Such area and letters shall be coordinated with the color of the sign. ORD. 9217-19 Exhibit A | 18 of 18 Figure 66. Sidewalk Sign Example Figure 67. Sidewalk Sign Example Figure 68. Sidewalk Sign Example 10. Sidewalk Signs a. Description: A freestanding sign which placed upon the ground and that is portable and readily moved from place to place. b. Number of Signs: The allowable number of signs is set forth in Table 3-1806.1.a. c. Dimensional Requirements: Sidewalk signs shall comply with the dimensional requirements set forth in Table 3-1806.1.a. d. Standards: Sidewalk signs shall comply with the design standards set forth in Table 3-1806.1.a. 1 ORDINANCE NO. 9217-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 3, DIVISION 18. SIGNS, SECTION 3-1807, REMOVING SIGN REGULATIONS SPECIFIC TO THE DOWNTOWN ZONING DISTRICT AND INDICATING SUCH REGULATIONS ARE PROVIDED FOR IN APPENDIX C, DOWNTOWN ZONING DISTRICT AND DESIGN STANDARDS; AMENDING ARTICLE 4, DIVISION 10. SIGN PERMIT, SECTION 4-1001 ADDING A REFERENCE TO APPENDIX C, DIVISION 7 SIGN STANDARDS; AMENDING APPENDIX C, DOWNTOWN ZONING DISTRICT AND DESIGN STANDARDS, DIVISION 7. SIGN STANDARDS (RESERVED), ESTABLISHING NEW SIGN STANDARDS SPECIFIC TO THE DOWNTOWN ZONING DISTRICT INCLUDING THE MAXIMUM ALLOWABLE NUMBER OF SIGNS AND SIGN AREA, AS WELL AS DESIGN CRITERIA; AMENDING ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS RELATED TO SIGNAGE; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted the updated and amended Clearwater Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater on March 1, 2018 which reaffirmed the City’s vision for Downtown Clearwater as the urban core and heart of the City which will be an attractive place to live, work, shop and play; and WHEREAS, to achieve this vision, the Clearwater Downtown Redevelopment Plan policies called for new development standards to be adopted into the Community Development Code to ensure Downtown redevelops as an economically vibrant, transit- and pedestrian-supportive mixed-use environment with quality urban design, a high quality public realm, and a dense and livable pattern of development; and WHEREAS, on August 2, 2018, the City of Clearwater adopted Ordinance No. 9149-18 that established Appendix C, Downtown Zoning District and Design Standards, and reserved Division 7 for Sign Standards; and WHEREAS, the City of Clearwater finds and determines that limitations on signs are related to the zoning districts for the parcels and properties on which they are located; and WHEREAS, the City of Clearwater has determined that sign regulations unique to Downtown are warranted to create an inviting visual environment, lively streetscape 2 and vibrant Downtown consistent with the vision, goals and objectives of the Downtown Clearwater Redevelopment Plan and Downtown Zoning District and Design Standards; and now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That Article 3, Development Standards, Section 3-1807, Permitted Signs Requiring Development Review, be amended to read as follows: Section 3-1807 – Permitted signs requiring development review. * * * * * * * * * * . B.Non-residential. All signs must be architecturally integrated into the design of the building and/or site using similar and coordinated design and style features, materials and colors. Attached signs shall be horizontally and vertically proportionately located on each façade with no protrusions above roof lines, over windows, trim, cornices, or other building features. Signs for new shopping centers with three or more tenants, including all out parcels, office parks or any master plan development shall be reviewed and approved through the Comprehensive Sign Program set forth in Section 3-1808. * * * * * * * * * * 2. Monument signs in the Tourist and Downtown Districts.The following shall govern permanent monument signs in the Tourist District and Downtown District as follows: a. One monument sign not exceeding six feet in height per parcel for development in the Tourist District with no more than two sign faces, unless located on a corner or through lot. One monument sign with no more than two sign faces per parcel for development in the Downtown District provided the primary building on the parcel is setback at least 20 feet from the front property line, unless located on a corner or through lot. b. Corner lots or through lots have the option of erecting one monument sign or two monument signs, one on each street frontage. The total maximum area of the sign faces of the one sign or of the two signs shall not exceed the total maximum allowable area allowed in Section 3-1807.B.2.c. below plus an additional 15 square feet. Sign area shall be measured from the road frontage which results in the greater square footage. 3 c. The area of a monument sign face shall not exceed three percent of the building façade facing the street or one square foot of signage for every three feet of linear lot frontage, whichever is less, but in no case less than 24 square feet and no more than 36 square feet. d. The total area of all sign faces on all monument signs shall not exceed 72 square feet per parcel proposed for development. e. Sign design shall be consistent with or complement the architecture of the building through the use of colors, materials, textures, design features and architectural styles as set forth below and as may be required by the Clearwater Downtown Redevelopment Plan and Beach by Design. i. The sign design shall include a distinctive design or architectural element used on the building such as an arch, capstone, pediment, distinctive roof form/material, column pilaster, cornice; or a shape, form or motif that portrays the business. The design elements shall be used on the top and/or side of the sign face/panels. ii. Defining materials, textures and colors used on the building shall be included on the sign. iii. The sign base and/or supports shall be of a width that creates proportionality to the overall sign design. iv. The sign shall be consistent with or complementary to the overall design, colors, font style of the attached sign on the property. v. The sign may include no more than two lines of zip track for manual changeable messages provided it does not exceed 25 percent of the sign face area and the zip track and letter colors are coordinated with the color of the sign. vi. In the event the building lacks architectural details or distinguishing design features or materials, the sign shall be designed to improve the overall appearance of the site. To achieve this, the sign shall include a distinctive design feature and use of colors and materials that present a high quality finish. f. All monument sign structures shall be installed in a landscaped area consisting of shrubs and/or ground cover not less than three feet in width around the entire base of the sign. g. Properties located within the area governed by the Clearwater Downtown Redevelopment Plan shall only be permitted to erect a monument sign if the primary building is setback at least 20 feet or more from the front property line. Areas for manual changeable copy cannot occupy more than 25 percent of the sign face area. 4 Section 2.That Article 3, Development Standards, Section 3-1807, Permitted Signs Requiring Development Review, Section B. Non-residential, be amended to read as follows and renumber the remaining subsections accordingly: Section 3-1807.B – Non-residential. * * * * * * * * * 3. Freestanding signs in the Downtown District. Freestanding signs in the Downtown District shall be governed by Appendix C, Division 7. Sign Standards. 3 4.Attached signs in non-residential districts.The following attached signs shall be permitted in all non-residential districts, except that signage in the Downtown District shall be governed by Appendix C, Division 7. Sign Standards: a. One attached sign shall be permitted for each building structure. For any building structure with multiple business tenants on the ground floor, one attached sign may be permitted per business establishment with a principal exterior entrance. The area of an attached sign face shall not exceed: i. Twenty-four square feet in total sign face area; or ii. Three percent of the primary façade area not to exceed 36 square feet in total sign face area. Such signs are limited to one of the following sign types: channel letters mounted directly to the building, flat cut out letters, contour cabinet, illuminated capsule, sign applied to awning provided awning is externally illuminated, letters on backer panels if designed as an integral part of the sign and any other sign type of a higher quality of design if approved by the community development coordinator. Square/rectangular cabinet signs, back-lit awnings, and signs on raceways are prohibited. b. In addition to the attached sign allowed in Section 3-1807.B.3.a above, corner lots or through lots may erect one attached sign on each building wall (or façade) abutting a street frontage. Any such attached sign shall not exceed the sigh face area specified in Section 3-1807.B.3.a above. c. Where individual business establishments with exterior entrances are located in a single building, multi-tenant buildings, or as part of a business/office complex or shopping center, attached signs shall be designed according to a common theme including similar style, color, materials or other characteristics to provide a sense of uniformity. Changes to individual tenant signage shall be reviewed for compliance with the established or projected theme of the development site. d. Projecting signs may be used as a type of attached sign in the Downtown (D) and Tourist (T) Districts, unless otherwise permitted by the community development coordinator. They shall be installed with a minimum eight-foot clearance from the bottom of the sign to grade or the sidewalk. Projecting 5 signs shall comply with encroachment into setback and rights-of-way Section 3-908. The community development director coordinator may permit such signs for second story or businesses above the first story in the Downtown and Tourist Districts if they meet all other criteria for attached signage. e. Business establishments with rear façades with rear public entrances facing parking lots or rear public entrances facing Clearwater Harbor or Mandalay Channel with boating access may erect one additional attached sign not exceeding 16 square feet in area above or adjacent to the rear entrance provided such sign is not a traditional cabinet sign or channel letters erected on a raceway. f. Gasoline pump island canopies may be permitted one attached sign on the canopy fascia facing a public right-of-way provided such sign does not exceed eight square feet in total sign face area. * * * * * * * * * * C. On-premise signs on school grounds. On any school grounds in any zoning district, except in the Downtown District, the following signs are permitted. * * * * * * * * * * Section 4. Article 4, Development Review and Other Procedures, Division 10, Sign Permit, Section 4-1001, City of Clearwater Community Development Code, is hereby amended as follows: Section 4-1001. Purpose It is the purpose of this division to establish procedures for the review and approval of signs, and signs as part of a Comprehensive Sign program, in accordance with the standards of Article 3, Division 18 and Appendix C, Division 7. Section 5. Article 8, Division, Section 8-102, City of Clearwater Community Development Code, is hereby amended by adding the following in the appropriate as follows: * * * * * * * * * * Sign, auxiliary freestanding means an additional freestanding sign allowed due to exceptional property frontage characteristics. Sign, awning means a sign affixed flat to the surface of the awning. Sign band means an integral part of a storefront design that architecturally defines the top of the ground floor, or the location on the building’s façade between the building 6 entrance and the bottom of the second floor windows, or for a one-story building, the eave line. * * * * * * * * * * Sign, billboard means a non-point-of-sale sign that exceed 24 square feet and advertises a business, organization, event, person, place or thing or other commercial message. Sign, building means a sign placed on a wall, awning, canopy, under a canopy, or projecting from a building. Sign, cabinet means a three-dimensional structure which includes a frame, borders and sign face within a frame on which the sign letters and logos are placed or etched. The sign may include internal lights. Sign, canopy means a sign attached to, applied or affixed to the visible surface of an attached canopy. * * * * * * * * * * Sign, portable means a sign that is not permanently fixed to the ground or a structure utilizing standard construction procedures, and/or materials that will not deteriorate, or a sign that is transported over or parked along or next to a public right-of-way. Sign, projecting means a sign, other than a wall sign, that is attached to and projects outward from the exterior building wall. Projecting signs include shingle signs and blade signs. * * * * * * * * * * Sign, safety means a sign that serves a compelling governmental purpose by providing a warning of a dangerous condition or situation that might not be readily apparent o that poses a threat of serious injury (e.g. gas line, high voltage, condemned building, etc.) Sign, shingle means a small building sign that projects outward, typically at a ninety degree angle, and hangs from a bracket or support. Sign, sky dancers or air dancer sign means an inflatable sign that is taller than five feet an that exhibits movement when filled with air to attract attention. 7 Sign, skyline means a wall sign attached to the top portion of a high-rise building. * * * * * * * * * * Sign, transit shelter means a sign affixed to a transit shelter which is erected pursuant to the requirements of Article 3 Division 22. Sign, under canopy means a sign suspended from, and located entirely under a covered porch, walkway, or canopy supported by the building. * * * * * * * * * * Section 6.That Appendix C, Division 7. Sign Standards [Reserved], shall be amended as set forth in the attached Exhibit A. Section 7.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 8.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 9.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 10. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 11. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTION ____________________________ George N. Cretekos Mayor 8 Approved as to form: Attest: ________________________________________________________ Michael Fuino Rosemarie Call Assistant City Attorney City Clerk 1 ORDINANCE NO. 9217-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 3, DIVISION 18. SIGNS, SECTION 3-1807, REMOVING SIGN REGULATIONS SPECIFIC TO THE DOWNTOWN ZONING DISTRICT AND INDICATING SUCH REGULATIONS ARE PROVIDED FOR IN APPENDIX C, DOWNTOWN ZONING DISTRICT AND DESIGN STANDARDS; AMENDING ARTICLE 4, DIVISION 10. SIGN PERMIT, SECTION 4-1001 ADDING A REFERENCE TO APPENDIX C, DIVISION 7 SIGN STANDARDS; AMENDING APPENDIX C, DOWNTOWN ZONING DISTRICT AND DESIGN STANDARDS, DIVISION 7. SIGN STANDARDS (RESERVED), ESTABLISHING NEW SIGN STANDARDS SPECIFIC TO THE DOWNTOWN ZONING DISTRICT INCLUDING THE MAXIMUM ALLOWABLE NUMBER OF SIGNS AND SIGN AREA, AS WELL AS DESIGN CRITERIA; AMENDING ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS RELATED TO SIGNAGE; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted the updated and amended Clearwater Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater on March 1, 2018 which reaffirmed the City’s vision for Downtown Clearwater as the urban core and heart of the City which will be an attractive place to live, work, shop and play; and WHEREAS, to achieve this vision, the Clearwater Downtown Redevelopment Plan policies called for new development standards to be adopted into the Community Development Code to ensure Downtown redevelops as an economically vibrant, transit- and pedestrian-supportive mixed-use environment with quality urban design, a high quality public realm, and a dense and livable pattern of development; and WHEREAS, on August 2, 2018, the City of Clearwater adopted Ordinance No. 9149-18 that established Appendix C, Downtown Zoning District and Design Standards, and reserved Division 7 for Sign Standards; and WHEREAS, the City of Clearwater finds and determines that limitations on signs are related to the zoning districts for the parcels and properties on which they are located; and WHEREAS, the City of Clearwater has determined that sign regulations unique to Downtown are warranted to create an inviting visual environment, lively streetscape and 2 vibrant Downtown consistent with the vision, goals and objectives of the Downtown Clearwater Redevelopment Plan and Downtown Zoning District and Design Standards; and now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, Development Standards, Section 3-1807, Permitted Signs Requiring Development Review, be amended to read as follows: Section 3-1807 – Permitted signs requiring development review. * * * * * * * * * * . B. Non-residential. All signs must be architecturally integrated into the design of the building and/or site using similar and coordinated design and style features, materials and colors. Attached signs shall be horizontally and vertically proportionately located on each façade with no protrusions above roof lines, over windows, trim, cornices, or other building features. Signs for new shopping centers with three or more tenants, including all out parcels, office parks or any master plan development shall be reviewed and approved through the Comprehensive Sign Program set forth in Section 3-1808. * * * * * * * * * * 2. Monument signs in the Tourist and Downtown Districts. The following shall govern permanent monument signs in the Tourist District and Downtown District as follows: a. One monument sign not exceeding six feet in height per parcel for development in the Tourist District with no more than two sign faces, unless located on a corner or through lot. One monument sign with no more than two sign faces per parcel for development in the Downtown District provided the primary building on the parcel is setback at least 20 feet from the front property line, unless located on a corner or through lot. b. Corner lots or through lots have the option of erecting one monument sign or two monument signs, one on each street frontage. The total maximum area of the sign faces of the one sign or of the two signs shall not exceed the total maximum allowable area allowed in Section 3-1807.B.2.c. below plus an additional 15 square feet. Sign area shall be measured from the road frontage which results in the greater square footage. 3 c. The area of a monument sign face shall not exceed three percent of the building façade facing the street or one square foot of signage for every three feet of linear lot frontage, whichever is less, but in no case less than 24 square feet and no more than 36 square feet. d. The total area of all sign faces on all monument signs shall not exceed 72 square feet per parcel proposed for development. e. Sign design shall be consistent with or complement the architecture of the building through the use of colors, materials, textures, design features and architectural styles as set forth below and as may be required by the Clearwater Downtown Redevelopment Plan and Beach by Design. i. The sign design shall include a distinctive design or architectural element used on the building such as an arch, capstone, pediment, distinctive roof form/material, column pilaster, cornice; or a shape, form or motif that portrays the business. The design elements shall be used on the top and/or side of the sign face/panels. ii. Defining materials, textures and colors used on the building shall be included on the sign. iii. The sign base and/or supports shall be of a width that creates proportionality to the overall sign design. iv. The sign shall be consistent with or complementary to the overall design, colors, font style of the attached sign on the property. v. The sign may include no more than two lines of zip track for manual changeable messages provided it does not exceed 25 percent of the sign face area and the zip track and letter colors are coordinated with the color of the sign. vi. In the event the building lacks architectural details or distinguishing design features or materials, the sign shall be designed to improve the overall appearance of the site. To achieve this, the sign shall include a distinctive design feature and use of colors and materials that present a high quality finish. f. All monument sign structures shall be installed in a landscaped area consisting of shrubs and/or ground cover not less than three feet in width around the entire base of the sign. g. Properties located within the area governed by the Clearwater Downtown Redevelopment Plan shall only be permitted to erect a monument sign if the primary building is setback at least 20 feet or more from the front property line. Areas for manual changeable copy cannot occupy more than 25 percent of the sign face area. 4 Section 2. That Article 3, Development Standards, Section 3-1807, Permitted Signs Requiring Development Review, Section B. Non-residential, be amended to read as follows and renumber the remaining subsections accordingly: Section 3-1807.B – Non-residential. * * * * * * * * * 3. Freestanding signs in the Downtown District. Freestanding signs in the Downtown District shall be governed by Appendix C, Division 7. Sign Standards. 3 4. Attached signs in non-residential districts. The following attached signs shall be permitted in all non-residential districts, except that signage in the Downtown District shall be governed by Appendix C, Division 7. Sign Standards: a. One attached sign shall be permitted for each building structure. For any building structure with multiple business tenants on the ground floor, one attached sign may be permitted per business establishment with a principal exterior entrance. The area of an attached sign face shall not exceed: i. Twenty-four square feet in total sign face area; or ii. Three percent of the primary façade area not to exceed 36 square feet in total sign face area. Such signs are limited to one of the following sign types: channel letters mounted directly to the building, flat cut out letters, contour cabinet, illuminated capsule, sign applied to awning provided awning is externally illuminated, letters on backer panels if designed as an integral part of the sign and any other sign type of a higher quality of design if approved by the community development coordinator. Square/rectangular cabinet signs, back-lit awnings, and signs on raceways are prohibited. b. In addition to the attached sign allowed in Section 3-1807.B.3.a above, corner lots or through lots may erect one attached sign on each building wall (or façade) abutting a street frontage. Any such attached sign shall not exceed the sigh face area specified in Section 3-1807.B.3.a above. c. Where individual business establishments with exterior entrances are located in a single building, multi-tenant buildings, or as part of a business/office complex or shopping center, attached signs shall be designed according to a common theme including similar style, color, materials or other characteristics to provide a sense of uniformity. Changes to individual tenant signage shall be reviewed for compliance with the established or projected theme of the development site. d. Projecting signs may be used as a type of attached sign in the Downtown (D) and Tourist (T) Districts, unless otherwise permitted by the community development coordinator. They shall be installed with a minimum eight-foot clearance from the bottom of the sign to grade or the sidewalk. Projecting 5 signs shall comply with encroachment into setback and rights-of-way Section 3-908. The community development director coordinator may permit such signs for second story or businesses above the first story in the Downtown and Tourist Districts if they meet all other criteria for attached signage. e. Business establishments with rear façades with rear public entrances facing parking lots or rear public entrances facing Clearwater Harbor or Mandalay Channel with boating access may erect one additional attached sign not exceeding 16 square feet in area above or adjacent to the rear entrance provided such sign is not a traditional cabinet sign or channel letters erected on a raceway. f. Gasoline pump island canopies may be permitted one attached sign on the canopy fascia facing a public right-of-way provided such sign does not exceed eight square feet in total sign face area. * * * * * * * * * * C. On-premise signs on school grounds. On any school grounds in any zoning district, except in the Downtown District, the following signs are permitted. * * * * * * * * * * Section 4. Article 4, Development Review and Other Procedures, Division 10, Sign Permit, Section 4-1001, City of Clearwater Community Development Code, is hereby amended as follows: Section 4-1001. Purpose It is the purpose of this division to establish procedures for the review and approval of signs, and signs as part of a Comprehensive Sign program, in accordance with the standards of Article 3, Division 18 and Appendix C, Division 7. Section 5. Article 8, Division, Section 8-102, City of Clearwater Community Development Code, is hereby amended by adding the following in the appropriate as follows: * * * * * * * * * * Sign, auxiliary freestanding means an additional freestanding sign allowed due to exceptional property frontage characteristics. Sign, awning means a sign affixed flat to the surface of the awning. Sign band means an integral part of a storefront design that architecturally defines the top of the ground floor, or the location on the building’s façade between the building entrance and the bottom of the second floor windows, or for a one-story building, the eave line. 6 * * * * * * * * * * Sign, billboard means a non-point-of-sale sign that exceed 24 square feet and advertises a business, organization, event, person, place or thing or other commercial message. Sign, building means a sign placed on a wall, awning, canopy, under a canopy, or projecting from a building. Sign, cabinet means a three-dimensional structure which includes a frame, borders and sign face within a frame on which the sign letters and logos are placed or etched. The sign may include internal lights. Sign, canopy means a sign attached to, applied or affixed to the visible surface of an attached canopy. * * * * * * * * * * Sign, portable means a sign that is not permanently fixed to the ground or a structure utilizing standard construction procedures, and/or materials that will not deteriorate, or a sign that is transported over or parked along or next to a public right-of-way. Sign, projecting means a sign, other than a wall sign, that is attached to and projects outward from the exterior building wall. Projecting signs include shingle signs and blade signs. * * * * * * * * * * Sign, safety means a sign that serves a compelling governmental purpose by providing a warning of a dangerous condition or situation that might not be readily apparent o that poses a threat of serious injury (e.g. gas line, high voltage, condemned building, etc.) Sign, shingle means a small building sign that projects outward, typically at a ninety degree angle, and hangs from a bracket or support. Sign, sky dancers or air dancer sign means an inflatable sign that is taller than five feet an that exhibits movement when filled with air to attract attention. Sign, skyline means a wall sign attached to the top portion of a high-rise building. * * * * * * * * * * 7 Sign, transit shelter means a sign affixed to a transit shelter which is erected pursuant to the requirements of Article 3 Division 22. Sign, under canopy means a sign suspended from, and located entirely under a covered porch, walkway, or canopy supported by the building. * * * * * * * * * * Section 6. That Appendix C, Division 7. Sign Standards [Reserved], shall be amended as set forth in the attached Exhibit A. Section 7. 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 8. 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 9. 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 10. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 11. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTION ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Michael Fuino Rosemarie Call 8 Assistant City Attorney City Clerk ORD. 9217-19 Exhibit A | 1 of 18 Division 7. Sign Standards [Reserved] SECTION C-701. INTENT AND PURPOSE The intent and purpose of this section is to establish specific standards for the Downtown District that implement Section 3-1801. General Principles, Section 3-1802. Purpose of the Sign Regulations as well as the following: A) Establish reasonable and improved sign standards for Downtown that encourages the use of a hierarchy of signs appropriately sized for a well-organized visual Downtown environment. B) Ensure that signs are complementary to the architectural design of Downtown. C) Ensure that signage is pedestrian oriented and appropriately scaled for the Downtown environment. D) Facilitate creative and innovative approaches to signs consistent with the intent and purpose of Section C-101 of the Downtown District. E) Encourage uniquely designed signs that exhibit a high degree of thoughtfulness, imagination and inventiveness. SECTION C-702. APPLICABILITY No sign may be erected, or may thereafter be altered or otherwise modified, in the Downtown District except in accordance with the requirements of this section. Requirements not specifically addressed in Appendix C, Division 7 are subject to the signage requirements set forth in Article 3, Division 18 Signs and Article 4, Division 10 Sign Permit. If there are any conflicts between these regulations and those in Article 3, Division 18, these standards shall govern. SECTION C-703. GENERAL STANDARDS A) Exempt and prohibited sign provisions set forth in Sections 3-1803 and 3-1804 shall apply in the Downtown District. B) General provisions for signs set forth in Section 3-1805 shall apply unless otherwise superseded by regulations contained in this Appendix C, Division 7. C) Temporary sign provisions set forth in Section 3-1806 shall apply in the Downtown District. D) Properties in the Downtown District shall be eligible for the Comprehensive Sign Program as set forth in Section 3-1808. SECTION C-704. GENERAL PRINCIPLES FOR SIGN PLANNING AND DESIGN STANDARDS Vibrant, well designed signs promote business activity, provide visual interest and create an interesting environment that attracts people. To ensure signage has a positive impact consistent with the vision and guiding principles established in the Clearwater Downtown Redevelopment Plan, the following general principles and design standards shall apply in addition to those set forth in Section C-705. below. A) Hierarchy of Signs Signs are the graphic representation of a business in the built environment, therefore, they should be designed in a concise manner to deliver essential information quickly, efficiently and at the point where it is needed. If more than one sign is erected on a single building/business façade a clear hierarchy should be used to ensure the important content is the most prominent. All signs shall be scaled in a clear hierarchy and shall address different viewer orientations and audiences. The most important information on a sign should be the most prominent and emphasized component of the sign. The more important the information, the higher its visibility should be with regard to sign size and placement. Layering information helps customers obtain the information they need while ensuring that every sign has an objective. Larger signs, which are intended to be viewed from farther distances should be strategically placed on the building façade over storefronts and entrances. Smaller signs can provide information at a smaller scale and be intended for view from shorter distances at the pedestrian level. ORD. 9217-19 Exhibit A | 2 of 18 Figure 33. Hierarchy of Signs Example Figure 34. Hierarchy of Signs Example Figure 35. Hierarchy of Signs Example ORD. 9217-19 Exhibit A | 3 of 18 B) Location and Alignment Signs shall comply with the following location and alignment standards in addition to any specific standards specified in Section C-705.D. Sign Types. 1. Signs shall be placed in a manner that is proportional to the space on which it is located. This includes building signs as well as freestanding signs. 2. Signs shall be positioned to emphasize or accent elements such as entrances or storefront openings. 3. Signs shall not obstruct important architectural features. 4. Signs shall not obstruct any window or door, except for window signs allowed pursuant to Section C-705.D.7. 5. Signs shall not extend above the roofline, parapet or above the eave line. 6. No portion of a sign shall extend beyond the ends of the wall to which it is attached, unless it is a projecting or shingle sign. 7. Signage for occupants located on the second floor and above shall be located on signage by the primary entrance to those floors, unless otherwise allowed in Section C-705. 8. Signage shall be integrated into signs bands if provided. C) Materials 1. Signs shall be made of permanent, durable materials such as sealed wood, metals, metal composites, acrylic, polycarbonate, flexible face, brick, stucco, stone and other high-quality materials as approved by the Community Development Coordinator. 2. Prohibited materials include plexiglass, plywood, and vinyl unless located on windows. 3. Signs shall not incorporate reflective materials. 4. Neon paint is prohibited. 5. No paper or poster signs unless it is an allowable temporary sign pursuant to Section 3-1806. D) Illumination All illuminated signs shall comply with the following standards. Certain sign types may have additional limitations set forth in Section C-705.D. Sign Types. 1. External light sources intended to illuminate the sign face shall be fully shielded and placed close to, and directed upon, the sign face. 2. Light fixtures and mounting devices shall complement the color and design of the sign. 3. Exposed neon tube may be used. 4. Illumination shall not cast excessive lighting on upper-floor residences or on adjacent properties. 5. Ground mounted uplighting shall be permitted provided light does not spill off of the sign face. 6. Transformer boxes shall not be visible on any façade facing a street. SECTION C-705. ALLOWABLE SIGN AREA, NUMBER AND TYPES OF SIGNS A) Sign Area and Number of Signs The total maximum sign area and number of allowable signs shall be as determined in Table 5 below. For each cell in the table, there is a maximum allowed sign area that may be utilized with any combination and any number of signs associated with that cell, unless otherwise noted. The measurements for linear feet shall be at grade. B) Calculating Allowable Sign Area The following figures illustrate how to determine street frontage for the purposes of calculating sign area and how to calculate and apply allowable signage. ORD. 9217-19 Exhibit A | 4 of 18 SIGN TYPE MAXIMUM NUMBER OF SIGNS (Per Building or Establishment with Exterior Entrance or Parcel, whichever is applicable) TOTAL ALLOWABLE SIGN AREA (Per Building or Establishment with Exterior Entrance or Parcel, whichever is applicable) Building Signs Wall Signs Awning Signs Canopy Signs Projecting Signs Shingle Signs No more than 3 per facade along a street frontage. 1 square foot of sign area per 1 linear foot of building facade facing a street frontage or 24 square feet, whichever is greater. The total square footage of any combination of buildings signs shall not exceed 100 square feet. Under Canopy Signs 1 per facade along a street frontage 3 square feet Rear Entry Building Sign 1 per establishment with public rear entrance facing parking lot or Clearwater Harbor 16 square feet Window Signs N/A 10% of each fi rst fl oor window and glass door opening* Skyline Signs 1 per building facade along a street frontage 1 square foot per 1 foot of building height Freestanding Signs 1 sign per parcel fronting a street frontage with a building setback of at least 20 feet 1 square foot per 1 liner foot of building frontage or 24 square feet, whichever is greater, but no more than 64 square feet. Sidewalk Signs 1 sign per retail/restaurant use Consistent with Table 3-1806.1.a Criteria and Limitations for Sidewalk Signs * Does not include temporary signs pursuant to 3-1806. Table 5. Allowable Signage ORD. 9217-19 Exhibit A | 5 of 18 Figure 36. Building Frontage Determination Sidewalk Street Building Street Frontage Building Facade Building Facade Building Building Facade Building FacadeSidewalkStreetStreet FrontageDrawing Not to Scale ORD. 9217-19 Exhibit A | 6 of 18 Figure 37. Calculations Linear Building Facade60 FeetDrawing Not to Scale 8' 12'ProjectingSIGN* 18' B Sign Calculation Illustration: Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building facade facing the street frontage, or 24 square feet, whichever is greater. Maximum Buildings Signs Allowed: 3 Linear Feet of Building Facade: 60 feet Total Building Signage Area Allowed: 60 square feet. A. Projecting Sign: One 32 Sf. (8'x2.5'=20 Sf. Rectangular section) + (12 Sf. Circular Section Rad=2'). B. Canopy Sign: Two 28 Sf. ( Two signs - 14'x1.0 '= 14 Sf. Each). Total Building Sign Area: 60 Sf. Number of Building Sign: 3 Additional Allowable Signage C. Proposed Window Sign: 24 Sf. (Two signs - 12 Sf. Each). 10% of Window area. Total Additional Signage: 24 Sf. Number of Additional Signs: 2 TOTAL SIGN AREA: 84 Sf. TOTAL NUMBER OF SIGNS: 5 CANOPY SIGN CANOPY SIGN A C ********** ORD. 9217-19 Exhibit A | 7 of 18 2.4' Linear Building Facade60 Feet 20' W A L L S I G N Drawing Not to Scale 2' A w n i n g V a l a n c e S i g nA w n i n g V a l a n c e S i g n*4' Sign Calculation Illustration:Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building facade facing the street frontage, or 24 square feet, whichever is greater. Maximum Buildings Signs Allowed: 3 Linear Feet of Building Facade: 60 feetTotal Building Signage Area Allowed: 60 Square Feet. A. Wall Sign: 40 Sf. (2'x20') B. Awning Sign: 9 Sf. (3'x3') C. Shingle Sign: 6 Sf. (2.4'x2.4') Total Building Sign Area: 55 Sf.Number of Building Sigs: 3 Additional Allowable Signage D. Proposed Window Sign: 24 Sf. (Two signs -12 Sf. Each). 10% of Total Window area.E. Proposed Awning Valance Sign: 10 Sf. (Two signs - 5 Sf. Each - 160"x0.75=120"x6"= 5 Sf.).Up to 75% of Valance Width. Total Additional Sign Area: 34 Sf. Number of Additional Signs: 4 TOTAL SIGN AREA: 89 Sf. TOTAL NUMBER OF SIGNS: 7 *** 4' 8' A B D C E Figure 38. Calculations ORD. 9217-19 Exhibit A | 8 of 18 D) Sign Types The following sign types are permitted in the Downtown District subject to the requirements below. C) Sign Design and Styles 1. Allowable sign styles/designs include flat cut out letters, shoebox cabinet signs, contour cabinet signs, capsule signs, push-through signs, signs sewn to or screen printed on awnings, open face channel letters, back-lit/halo channel letters, or other designs/styles that produce a high-quality appearance as approved by the Community Development Coordinator. 2. In addition to those prohibited signs set forth in Section 3-1804, the following sign designs and types shall not be permitted in the Downtown District. a. Standard cabinet signs b. Back-lit awning signs c. Internally illuminated channel letters/front-lit letters d. Signs painted on buildings e. Raceways and wireways, unless designed as an integral part of the sign design f. Paper/poster/etc. unless allowed pursuant to Section 3-1806 Temporary Signs ORD. 9217-19 Exhibit A | 9 of 18 Figure 39. Wall Sign Diagram Figure 40. Wall Sign Example Figure 41. Wall Sign Example 1. Wall Signs a. Description: A sign attached parallel to and placed either directly on or attached to the exterior wall of a building. b. Number of Signs: No more than 3 per establishment facing a street frontage. c. Dimensional Requirements 1. The width of a wall sign shall not exceed 75% of the length of the façade along a street. 2. Wall signs shall not project more than 12 inches from the building façade. d. Standards 1. Wall signs shall be located on the upper portion of the storefront, within or just above the storefront opening. 2. One main wall sign is permitted per facade facing a street. Smaller walls signs are permitted in compliance with Section C-705, Table 5. 3. Wall signs may be externally or internally illuminated in accordance with Sections C-704.D and Section C-705.C. 4. No wall sign may extend above the top of the first floor or the finished floor line of the second floor, unless otherwise approved by the Community Development Coordinator. ORD. 9217-19 Exhibit A | 10 of 18 Figure 42. Projecting Sign Diagram Figure 43. Projecting Sign Example Figure 44. Projecting Sign Example 2. Projecting Signs a. Description: A two-sided sign that is attached to and projects outward from the building. It is generally vertical in orientation and projects perpendicular to the building. b. Number of Signs: No more than 1 projecting sign per building. c. Dimensional Requirements 1. The width of a projecting sign shall not exceed 4 feet. 2. Sign brackets shall not extend more than 18 inches from the building wall. 3. Projecting signs shall be setback 5 feet from the curb line. d. Standards 1. A projecting sign shall be located a minimum of 30 feet from another projecting sign. 2. Projecting signs shall be located between the finished floor of the 2nd and 3rd story or between the 2nd story and roof. 3. A projecting sign may be located on a building corner and may incorporate sign area from both frontages provided the remaining allowable sign area is split proportionally among the two frontages. 4. Projecting signs may be externally or internally illuminated in accordance with Sections C-704.D and Section C-705.C. ORD. 9217-19 Exhibit A | 11 of 18 Figure 45. Canopy Sign Diagram Figure 46. Canopy Sign Example Figure 47. Canopy Sign Example 3. Canopy Signs a. Description: A sign that is attached to, applied to or affixed to the visible surface of an attached canopy. b. Number of Signs: No more than 2 canopy signs per establishment facing a street frontage. c. Dimensional Requirements 1. No more than 75% of the width of the canopy may be occupied by signage. 2. Letters attached to and projecting above the canopy shall be limited to 2 feet in height. 3. The vertical clearance from the sidewalk to the lowest point of the canopy shall be 8 feet. 4. The canopy shall be setback 5 feet from the curb line. d. Standards 1. Signs may be located on the face of the canopy or extend above it. 2. A raceway may be used to attach a canopy sign erected above a canopy provided it is concealed from view behind the canopy. 3. Canopy signs may be illuminated in accordance with Section C-704.D and Section C-705.C. ORD. 9217-19 Exhibit A | 12 of 18 Figure 48. Awning Sign Diagram Figure 49. Awning Sign Example Figure 50. Awning Sign Example 4. Awning Signs a. Description: A sign that is affixed flat to the valance or the shed of an awning. Such sign may be screen printed or appliqued to the awning. b. Number of Signs: No more than 1 awning sign shall be allowed on each awning shed and valance. c. Dimensional Requirements 1. No more than 30% of the shed area (sloping plane) of the awning may be occupied by signage. 2. Signs on awning valances 10 inches or less in height are exempt from the maximum allowable sign area and maximum number of permitted signs. 3. No more than 75% of the awning valance may be used for signage. 4. The vertical clearance from sidewalk to the lowest point of awning shall be 8 feet. 5. The awning shall be setback 5 feet from the curb line. d. Standards 1. Awning signs shall only be allowed on awnings erected over ground floor doors and/or windows. 2. Awning signs shall only be externally illuminated. 3. Signage is only allowed on the shed or valance of the awning along a street frontage. ORD. 9217-19 Exhibit A | 13 of 18 Figure 51. Shingle Sign Diagram Figure 52. Shingle Sign Example Figure 53. Shingle Sign Example 5. Shingle Signs a. Description: A small projecting sign that extends outward at a 90 degree angle and may either hang from brackets or be mounted with brackets to the building façade. b. Number of Signs: No more than 1 shingle sign per establishment along a street frontage. c. Dimensional Requirements 1. Shingle signs shall not exceed 6 square feet in area. 2. Shingle signs, including sign brackets, shall not extend more than 4 feet from the building wall. 3. The vertical clearance from the sidewalk to the lowest point of the shingle sign shall be 8 feet. 4. Shingle signs shall be setback 5 feet from curb line. d. Standards 1. A shingle sign shall be located a minimum of 15 feet from a projecting sign or another shingle sign. 2. Shingle signs shall be located below the finished floor level of the second story. ORD. 9217-19 Exhibit A | 14 of 18 Figure 54. Under Canopy Sign Example Figure 55. Under Canopy Sign Example Figure 56. Under Canopy Sign Example 6. Under Canopy Signs a. Description: A sign that is suspended from, and located entirely under a covered porch, covered walkway or canopy supported by a building. b. Number of Signs: No more than 1 per establishment facing a street frontage. c. Dimensional Requirements 1. Under canopy signs shall not project beyond the limitations of the covered porch or canopy. 2. The vertical clearance from the sidewalk to the lowest point of the under canopy sign shall be 7 feet. 3. Under canopy signs shall be setback 5 feet from the curb line. d. Standards 1. Under canopy signs shall be used only at ground floor locations except for upper floor businesses with covered entry porches or balconies. 2. Under canopy signs shall not be illuminated. 3. Under canopy signs shall be securely fixed to the underside of the canopy or porch. ORD. 9217-19 Exhibit A | 15 of 18 Figure 57. Window Sign Example Figure 58. Window Sign Example Figure 59. Window Sign Example 7. Window Signs a. Description: A sign that is affixed or attached to the inside of a window facing the street. b. Number of Signs: N/A c. Dimensional Requirements 1. Window signs shall not exceed 10% of any window or glass door opening. 2. The total area of window signs erected along a street frontage shall not exceed 50 square feet. d. Standards 1. Window signs shall be limited to windows and doors on the ground floor. 2. Window signs should be applied directly to the interior face of the glazing or hung inside the window, thereby concealing all mounting hardware and equipment 3. Window signs shall not obscure views into a business. 4. Window signs should complement the merchandise display without obscuring it. 5. Window signs should be scaled to the pedestrian instead of vehicular traffic. ORD. 9217-19 Exhibit A | 16 of 18 Figure 60. Skyline Sign Diagram Figure 61. Skyline Sign Example Figure 62. Skyline Sign Example 8. Skyline Signs a. Description: A building sign that is attached to the exterior wall of the upper band of a building. b. Number of Signs: No more than 1 sign per façade along a street frontage. c. Dimensional Requirements: The maximum height of a skyline signs shall not exceed an average of 4 feet. d. Standards 1. Skyline signs may be oriented horizontally or vertically. 2. Skyline signs shall not be externally illuminated. Internally illuminated signs are permitted provided the sign is in compliance with Sections C-704.D and C-705.B. 3. An allowable skyline sign may be located on any side of the building. 4. The design of a skyline sign shall be complementary and not compete with or detract from any sculpted roof design. ORD. 9217-19 Exhibit A | 17 of 18 Figure 63. Freestanding Sign Diagram Figure 64. Freestanding Sign Example Figure 65. Freestanding Sign Example 9. Freestanding Sign a. Description: A sign supported by a structure or supports that are permanently placed on or anchored in the ground that are independent of any building. b. Number of Signs: No more than 1 freestanding sign per parcel. c. Dimensional Requirements 1. Freestanding signs shall not exceed 6 feet height. 2. Freestanding signs shall be located in a landscaped area consisting of shrubs and/or ground cover at least 3 feet in width around the entire sign base. 3. Freestanding signs shall be setback 5 feet from any property line. d. Standards 1. Freestanding signs shall be designed with a distinctive design that is complementary to the building or with an architectural element used on the building such as an arch, capstone, pediment, distinctive roof form/material, etc. defining materials, textures and colors used on the building; or a shape, form or motif that portrays the business. 2. Freestanding signs shall be consistent with or complementary to the overall design, colors, materials and font style of the building signage. 3. Freestanding signs may be externally illuminated. Internally illuminated signs may be permitted only if the letters and graphics on the sign are illuminated. 4. The base and/or supports of freestanding signs shall be of a width that creates proportionality to the overall sign design. 5. No more than 25% of sign face area may contain two lines of zip track for manual changeable area. Such area and letters shall be coordinated with the color of the sign. ORD. 9217-19 Exhibit A | 18 of 18 Figure 66. Sidewalk Sign Example Figure 67. Sidewalk Sign Example Figure 68. Sidewalk Sign Example 10. Sidewalk Signs a. Description: A freestanding sign which placed upon the ground and that is portable and readily moved from place to place. b. Number of Signs: The allowable number of signs is set forth in Table 3-1806.1.a. c. Dimensional Requirements: Sidewalk signs shall comply with the dimensional requirements set forth in Table 3-1806.1.a. d. Standards: Sidewalk signs shall comply with the design standards set forth in Table 3-1806.1.a. Community Development Board – November 20, 2018 TA2018-04002- Revised Staff Report for CDB Page 1 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: November 20, 2018 AGENDA ITEM: G.1. CASE: TA2018-04002 ORDINANCE NO.: 9217-19 REQUEST: Review and recommendation to the City Council, of amendments to Appendix C, Downtown Zoning District and Design Standards of the Community Development Code, to establish new sign regulations for the Downtown District. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: On March 1, 2018 City Council reaffirmed the vision of Downtown as a thriving urban core revitalized through the creation of a dense, livable development pattern, quality urban design and a high quality public realm. On August 2, 2018 a new form-based Downtown District and Development Standards was adopted by Council to implement the vision of the Plan which supports the creation of a mixed use, pedestrian-oriented environment that preserves and celebrates the unique features of Downtown and creates attractive places for shopping and living. Signage plays an important role in making an impression and attracting customers to an area. Well-designed signs not only build a business’ brand awareness but also an area’s brand. Attractive signage makes an area more memorable and enticing to customers and is an integral component of a vibrant and interesting streetscape. Proposed Ordinance No. 9217-19 establishes new sign regulations for the Downtown District to aid in the creation of a dynamic urban environment. ANALYSIS: At present, all sign requirements are located in Article 3, Division 18 Signs. Ordinance No. 9217-19 proposes to revise and relocate regulations applicable to the Downtown District to Appendix C, Division 7, which was reserved for sign standards when the District was adopted. Existing sign regulations allow businesses in the Downtown District to erect the following signage: Community Development Code Text Amendment Planning & Development Department Community Development Board – November 20, 2018 TA2018-04002 - Revised Staff Report for CDB Page 2 • 1 attached sign 24 square feet in area (wall, awning, projecting, etc.); or 1 attached sign 3% of façade area if certain design standards are met. • Window signage - 25% of window area on façade (no more than 50 square feet). • Awning graphic (in addition to attached signage) - 25% of awning surface area not to exceed 16 square feet. • 1 attached sign on rear entrance facing parking lots - 6 square feet in area. • 1 menu sign per restaurant - 6 square feet in area. • 1 monument sign six feet in height - 3% of the building façade or 1 square feet for every 3 linear feet of lot frontage (minimum of 24 square feet). Additionally, the sign code allows for temporary signage including sidewalk signs for retail, restaurants, valet stands and parking garages, as well as four 16 square foot temporary signs per parcel, two of which may be commercial signs. In the event a property or business owner is not satisfied with the signage allowed above, additional signage and/or larger signage could be requested through the Comprehensive Sign Program. Proposed Amendments to Community Development Code Section 3-1807 and 4-1001 Because sign standards for Downtown are being moved to Appendix C of the Community Development Code it is necessary to delete regulations specific to the Downtown District in Article 3, Division 18 Signs. Deletions are proposed to the monument and attached sign provisions in 3-1807, as well as references to the Clearwater Downtown Redevelopment Plan area. In their place, new language is provided to direct users to the Downtown Sign Standards in Appendix C, Division 7. Article 4, Division 10 Sign Permit is also being amended to reference Appendix C to ensure that sign permit provisions are applicable in the Downtown District. Proposed Amendments to Community Development Code Section 8-102 Based on the regulations proposed in Ordinance No. 9217-19, new definitions are being added to Section 8-102 for awning sign, sign band, building sign, canopy sign, projecting sign, shingle sign, skyline sign, and under canopy sign. While these sign types are allowed as attached signage under the current code, it is helpful to further define them. Proposed Amendments to Community Development Code Appendix C Division 7. When the new Downtown District was adopted, Division 7 of Appendix C was reserved for Sign Standards in anticipation of the creation of new regulations. Locating the sign regulations in Appendix C ensures all regulations pertaining to Downtown are found in one place, which provides for a much more user-friendly experience to Downtown business and property owners. The new Downtown District sign standards are organized as follows. • Section C-701 Intent and Purpose • Section C-702 Applicability • Section C-703 General Standards Community Development Code Text Amendment Planning & Development Department Community Development Board – November 20, 2018 TA2018-04002 - Revised Staff Report for CDB Page 3 • Section C-704 General Principles for Sign Planning and Design Standards • Section C-705 Allowable Sign Area, Number and Types of Signs. Below is an overview of the contents of each section. Section C-701. Intent and Purpose While Article 3, Division 18 Signs establishes the intent and purpose of sign regulations throughout the City, this section provides the rationale for establishing standards unique to Downtown. The intent and purpose of these new regulations are to establish improved sign standards that support the use of good design principles for locating signs in an urban environment, complementing Downtown architecture, appropriately scaling signs for pedestrians and drivers and facilitating creative and unique signs consistent with the intent and purpose of the Downtown District. Section C-702. Applicability This section requires signage in Downtown to be consistent with the new requirements. If something is not addressed in Division 7 this section clarifies that any relevant provisions of Article 3, Division 18 Signs and Article 4, Division 10, Sign Permits should apply. It also clarifies if there is a conflict between regulations in Article 3, Division 18 and Appendix C, Division 7, the new requirements of Division 7 will govern. Section C-703. General Standards The section clarifies that exempt signs, prohibited, and temporary sign requirements found in Sections 3-1803 – 3-1806 apply in the Downtown District. It also specifies that properties in the Downtown District are eligible for the Comprehensive Sign Program. Section C-704 General Principles for Sign Planning and Design Standards In an urban environment it is important to have signage that effectively delivers messages to those walking, biking and driving. Section C-704 establishes the concept of a sign hierarchy which is a design principle that supports using different sized signs for different purposes and/or messages. Specifically, the most important information should be placed on the most prominent sign and additional or more defining information should be located on smaller signs. Different sized signs can also provide information to different viewers. Proposed Ordinance No. 9217-19 includes photographs to illustrate how businesses have executed this concept and to help guide business owners develop their signage plan. See the photographs below for two examples. Section C-704 also provides best practices for sign location and alignment, the use of quality materials and appropriate illumination. Community Development Code Text Amendment Planning & Development Department Community Development Board – November 20, 2018 TA2018-04002 - Revised Staff Report for CDB Page 4 Section C-705 Allowable Sign Area, Number and Types of Signs The most significant changes to the Downtown sign regulations are included in this section. Because the Downtown District is creating a multi-modal urban environment, new formulas for calculating allowable sign area are proposed. As indicated above, the current sign ordinance allows one attached sign 24 square feet in area per establishment or 3% of the front façade area provided certain design criteria are met. The proposed new formula for building signage is one square foot of signage for each linear foot of building frontage along a street, or a minimum of 24 square feet and a maximum of 100 square feet. If a storefront is 50 feet in length along the street, the business will be entitled to 50 square feet of signage in compliance with certain dimensional requirements and standards based on the sign type(s) proposed. The formula was derived from reviewing numerous Comprehensive Sign Program approvals and developing a formula that was generally consistent with many of those approvals. Because a variety of signs can create visual interest and an exciting streetscape when the principles of a signage hierarchy are employed, the proposed ordinance allows multiple signs to be erected. Using the proposed formula for building signage outlined above, a business owner could erect up to three of the following building sign types - wall sign, awning sign, canopy sign, projecting sign or shingle sign. It should be noted that there are some limitations on the number of sign types that may be erected on a storefront and those are specified in the Sign Types subsection (C-705.D). In addition to the three allowable building signs, there are opportunities for more signage in the way of certain awning signs, window signs and under canopy signs. The proposed code excludes signage on awning valances no more than 10 inches in height from any number or area standards. Due to the small size and location of under canopy signs, they are also excluded from the building sign limitations but are limited to three square feet. Many ordinances require window signage to be subject to the building sign formula, however, the proposed ordinance allows for a separate allocation equal to 10% of each window (and glass door) opening on the ground floor along a street frontage. Below is a graphic which illustrates how the new proposed regulations, based on the principles of a sign hierarchy, could be applied. Community Development Code Text Amendment Planning & Development Department Community Development Board – November 20, 2018 TA2018-04002 - Revised Staff Report for CDB Page 5 While the use of freestanding signs will be very limited in Downtown due to the lack of significant front setbacks, a new formula is proposed to determine allowable freestanding sign area. The current code limits such signage to one square foot of sign area for every three feet of linear lot frontage or 3% of the building façade facing the street whichever is less but in no case less than 24 square feet and no greater than 36 square feet. The proposed ordinance would change this to one square foot of signage for each linear foot of building frontage no less than 24 square feet and no greater than 64 square feet. The current code only calls for monument style signs which has limited design options whereas the proposed ordinance provides more flexibility by allowing a freestanding sign. No changes are proposed to the maximum six-foot height limitation or to the requirement that a building have a 20-foot front setback to be eligible for a freestanding sign. The proposed ordinance also provides for a skyline sign, which is a sign located at the top of a high-rise building. One sign is allowed per façade facing a street frontage, however, the property owner can choose on which façade to locate the sign. Skyline signs are proposed for buildings Community Development Code Text Amendment Planning & Development Department Community Development Board – November 20, 2018 TA2018-04002 - Revised Staff Report for CDB Page 6 100 feet and higher and the formula for calculating the permitted sign area is 1 square foot of sign area for each foot of building height. For example, a building that is 150 feet in height is entitled to a sign 150 square feet in area. While you can find these types of signs in Clearwater, they have been approved through the Comprehensive Sign Program. There are two sign types which are currently allowed by the existing sign code that will continue to be allowed in Downtown with no changes. One is a building sign located on a rear entry facing a parking lot or Clearwater Harbor and the other is a sidewalk sign. As mentioned above, Section C-705 includes specific standards related to the allowable sign types/designs, many of which are based on current code requirements. These standards are important as quality signage will contribute to the brand of Downtown and will ensure the use of multiple signs will not negatively impact the streetscape. Lastly, for each sign type allowed (awning signs, canopy signs, freestanding signs, projecting signs, shingle signs, sidewalk signs, skyline signs, under canopy signs, wall signs and window signs), Section C-705 provides a description of the sign type, the number of signs allowed per establishment, building or parcel, and dimensional requirements and standards. CRITERIA FOR TEXT AMENDMENTS: Community Development Code 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: Goal A.3 The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. The intent and purpose established for Downtown signage in Ordinance No 9217-19 is to implement the vision established in the Clearwater Downtown Redevelopment Plan. The proposed sign regulations for Downtown are specifically created to implement good design principles that result in signage that is geared to different viewers and ones that are appropriately located and sized and made with quality materials to create an attractive urban environment. Objective A.3.1 All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape. Community Development Code Text Amendment Planning & Development Department Community Development Board – November 20, 2018 TA2018-04002 - Revised Staff Report for CDB Page 7 Proposed Ordinance No. 9217-19 includes amendments which balance business needs to have effective signage with the City’s objective to have an uncluttered, safe and attractive environment. Allowable sign area and numbers of signs are proposed to be increased in a reasonable manner to create a vibrant environment in the City’s urban core. Establishing limits on illumination, instituting dimensional requirements and standards coupled with the use of design principles based on creating a signage hierarchy will minimize and prevent visual clutter, enhance safety and aid in the creation of a vibrant streetscape. Policy A.3.1.1 Commercial signs in Clearwater shall be restricted to discourage the proliferation of visual clutter, promote community aesthetics, provide for highway safety, and to allow the identification of business locations. Proposed Ordinance No. 9217-19 allows multiple signs to be erected by right, however, it also establishes reasonable design standards and size parameters, and promotes the use of a hierarchy of signage. These requirements will work together to promote a visually attractive environment and provide businesses with reasonable opportunities to reach a variety of viewers. 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 amendments will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. ▪ 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. (Section 1-103.A., CDC) ▪ It is the further purpose of this Development Code to make beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. (Section 1-103.D, CDC) ▪ 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. (Section 1-103.E.2, CDC) Community Development Code Text Amendment Planning & Development Department Community Development Board – November 20, 2018 TA2018-04002 - Revised Staff Report for CDB Page 8 ▪ Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city’s economic underpinnings. (Section 1-103.E.5, CDC) ▪ Coordinate the provisions of this Development code with corollary provisions related to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. (Section 1-103.E.12, CDC) The amendments proposed in Ordinance No. 9217-19 will further the above referenced purposes by implementing the Comprehensive Plan policies related to signage and Downtown, establishing a regulatory framework that allows additional sign area and the use of multiple signs based on the principles of a signage hierarchy in order to support a vibrant and attractive urban environment and result in signage that is geared to those walking, biking and driving. These regulations will ensure signage that promotes vehicular and pedestrian safety and will enhance the Downtown character and aid in the creation of an attractive built environment while also contributing to the economic stability of Downtown. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code relocate the sign regulations for Downtown from Article 3, Division 18 to Appendix C. They provide new formulas for determining allowable sign area and allow flexibility in the number of signs allowed by right and provide appropriate design requirements to ensure such signage does not create clutter and result in an unattractive environment. The proposed ordinance is consistent with and will further the goals of the Clearwater Comprehensive Plan, the Downtown Redevelopment Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends: APPROVAL of Ordinance No. 9217-19 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Gina L. Clayton Assistant Planning and Development Director ATTACHMENT: Ordinance No. 9217-19 |1CITY OF CLEARWATER Proposed New Downtown Sign Standards Planning and Development Department |2CITY OF CLEARWATER •North Marina Master Plan •Imagine Clearwater •Update of Clearwater Downtown Redevelopment Plan •New Downtown District and Design Standards •New Downtown Sign Regulations – Today’s Agenda Item Downtown Work |3CITY OF CLEARWATER |4CITY OF CLEARWATER Goal of New Sign Standards Establish Regulatory Framework To Create Vibrant Street Environment •Flexible •Allows Multiple Signs •Supports Signage that Responds to Different Viewers •Requires Compliance with Design Standards |5CITY OF CLEARWATER Proposed Ordinance •Deletes Downtown Regulations In Article 3, Division 18 •Adds References To Appendix C, Division 7 •Adds Definitions of Various Sign Types •Establishes New Sign Standards in Appendix C, Division 7 |6CITY OF CLEARWATER |7CITY OF CLEARWATER Hierarchy of Design |8CITY OF CLEARWATER Hierarchy of Design |9CITY OF CLEARWATER Current Sign Regulations •1 Attached Sign •Window Signage •Awning Graphic •Menu Sign •Rear Entry Signage on Parking Lots •Monument Signs •Temporary Signs/Sidewalk Signs •Comprehensive Sign Program |10CITY OF CLEARWATER |11CITY OF CLEARWATER Building Signs |12CITY OF CLEARWATER Additional Building Signs: Under Canopy & Window |13CITY OF CLEARWATER EXISTING SIGN CODE EXAMPLE |14CITY OF CLEARWATER EXISTING SIGN CODE EXAMPLE |15CITY OF CLEARWATER PROPOSED SIGN CODE EXAMPLE |16CITY OF CLEARWATER PROPOSED SIGN CODE EXAMPLE |17CITY OF CLEARWATER Skyline Signs & Freestanding Signs |18CITY OF CLEARWATER Goals of New Sign Standards •Create Easy to Use Code •Allow Flexibility •Encourage Creativity •Provide Signs for Multi- Modal Environment •Contribute to Positive Brand for Downtown |19CITY OF CLEARWATER Motion to Amend on 1st Reading •Exhibit A - Page 3 - Section C-705.A - Add at End of Paragraph: Specific requirements for the allowable sign types are set forth in Section C-705.C and D •Exhibit A - Page 10 - Section C-705.D.2.b - “No more than 1 projecting sign per building establishment •Exhibit A - Page 12 - Figure 49 - Replace Photograph of Givenchy Awning with Hard Bean Coffee Awning |20CITY OF CLEARWATER Motion to Amend on 1st Reading •Exhibit A – Page 13 – Add Section C- 705.D.5.d.3 – Shingle signs may be externally or internally illuminated in accordance with Sections C-704.D and C-705.C. •Exhibit A – Page 14 – Section C- 705.D.6.d.2 – Under canopy signs shall not may be externally illuminated. |21CITY OF CLEARWATER Questions? |22CITY OF CLEARWATER Proposed New Downtown Sign Standards Planning and Development Department Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5561 Agenda Date: 1/17/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Ratify and confirm an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the amount of $197,600, for the period November 24, 2018 through January 18, 2019; approve an increase with Ultimate CNG in the amount of $127,200, for the period January 19, 2019 through March 1, 2019, to provide mobile compressed natural gas services at the Clearwater natural gas filling station and authorize the appropriate officials to execute same. 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. A third increase was approved by City Council on October 18, 2018, in the amount of $74,100. Staff is now requesting for Council to extend their services for the period starting November 24, 2018 through March 1, 2019. Services under Agreement 4 would end on January 18, 2019 and Services under Agreement 5 would start on January 19, 2019 through March 1, 2019. The reason for the increase is a result of the primary CNG compressor experiencing a mechanical failure after a repair was made in August. 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. These two increases will set the total amount of the Purchase Order to $696,215. USE OF RESERVE FUNDS: Funds are budgeted and available in 4232078-531300. Page 1 City of Clearwater Printed on 1/17/2019 ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Agreement #4 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 Siteof compressed natural gas (CNG) by UCNG employees eleven (11) hours per day, five (5) days per week, from 6:30 a.m. until 5:00 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, November 24, 2018 and continue through Friday, January 18, 2019. 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 eleven (11) week period. The UCNG Service Offering in this Purchase Order Proposal is expected to commence on Saturday, November 24, 2018 and continue through Friday, January 18, 2019. The anticipated cost is approximately $197,600. 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 ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] 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. 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 5:00 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 5:00 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 from 6:30 a.m. until 5:00 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. This cost component will only be utilized during routine maintenance of the FuelMule™ unit or any other unforeseen events that require additional staffing at the Clearwater fueling site. 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. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Salary and Benefits, daily transportation, overnight accommodations, per diem expenses, etc. for two UCNG employees (FuelMule™Operator and GTM 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 #4”) shall commence onSaturday, November 24, 2018 and continue through Friday, January 18, 2019 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 January, 2019. Agreement for UCNG Daily Temporary Mobile CNG Fueling Service for Clearwater Gas in Clearwater, FL (Agreement #4) CITY OF CLEARWATER ULTIMATE CNG, LLC (d/b/a Clearwater Gas System) By: ________________________________By: ________________________________ William B. Horne, II Brian P. Fimian City Manager Chief Operations Officer ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] 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 Termand 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 ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] 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. 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) ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] shall be entitled to recover reasonable attorneys’ fees, costs and expenses incurred in connection therewith from the other party. 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. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Agreement #5 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 Siteof compressed natural gas (CNG) by UCNG employees eleven (11) hours per day, five (5) days per week, from 6:30 a.m. until 5:00 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, January 19, 2019 and continue through Friday, March 1, 2019. 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 six (6) week period. The UCNG Service Offering in this Purchase Order Proposal is expected to commence on Saturday, January 19, 2019 and continue through Friday, March 1, 2019. The anticipated cost is approximately $127,200. 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. 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: ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Dedicated use of the UCNG FuelMule™as well as an UCNG employee FuelMule™Operator each Work Day from 6:30 a.m. until 5:00 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 $700 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 5:00 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 from 6:30 a.m. until 5:00 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. This cost component will only be utilized during routine maintenance of the FuelMule™unit or any other unforeseen events that require additional staffing at the Clearwater fueling site. The $21,200.00 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 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 ofCNG pursuant to this agreement (sales, use and/or motor fuels taxes, excise tax, etc., excluding income tax) shall be the responsibility of Clearwater Gas. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Term of the Agreement:The term of this Agreement (”Agreement #5”) shall commence on Saturday, January 19, 2019 and continue through Friday, March 1, 2019 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 January, 2019. Agreement for UCNG Daily Temporary Mobile CNG Fueling Service for Clearwater Gas in Clearwater, FL (Agreement #5) ULTIMATE CNG, LLC By:________________________________Brian P. Fimian Chief Operations Officer 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. 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 ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] 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: 19-02 Agenda Date: 1/17/2019 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Approve a street name change from Damascus Rd. to Dr. Kiran C. Patel Blvd. and adopt Resolution 19-02. SUMMARY: The City of Clearwater received a request from the property owner developing Nova Southeastern University to change the name of a certain no outlet road running Northerly off Courtney Campbell Causeway (State Road 60) into the university property, from Damascus Rd. to Dr. Kiran C. Patel Blvd. There are no city addresses affected by the street name change, Pinellas County 911 has no objection and city staff is agreeable to the name change. Page 1 City of Clearwater Printed on 1/17/2019 [A04-01313 /227960/1] RESOLUTION NO. 19-02 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CHANGING THE STREET NAME FROM “DAMASCUS ROAD” TO “DR.KIRAN C.PATEL BOULEVARD”, A CERTAIN NO OUTLET STREET, RUNNING NORTHERLY OFF COURTNEY CAMPBELL CAUSEWAY (STATE ROAD 60) AND LYING IN THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WITHIN THE CITY LIMITS OF CLEARWATER, PURSUANT TO SECTION 28.02, CITY OF CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“City”) received a request from the property owner developing Nova Southeastern University (“NSU”) to change the street name of “Damascus Road” to “Dr. Kiran C. Patel Blvd”; and WHEREAS, no city addresses are affected by the street name change; and WHEREAS, city staff is amendable to the street name change; now therefore, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: That Damascus Road, that certain no outlet street running Northerly off Courtney Campbell Causeway (State Road 60) and lying in the Northeast ¼ of Section 16, Township 29 South, Range 16 East, within the City Limits of Clearwater, as more specifically depicted in Exhibit “A”, attached hereto and incorporated herein, is hereby named “Dr. Kiran C. Patel Blvd”. SECTION 2: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of ________, 2019. ______________________ George N. Cretekos Mayor Approved as to form:Attest: _________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk BAYSHORE BLVD C OURT N EY CAM P B E L L CS W Y DREW ST DAMASCUSRD BAY LN CALAIS LNDOWNING ST EXHIBIT "A" ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM RB N.T.S.292B 16-29S-16E11/29/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Resolution 19-02Location of Proposed Road NameChange from "Damascus Rd" to"Dr Kiran C Patel Blvd" Path: V:\GIS\Engineering\Location Maps\Damascus.mxd ProposedDr Kiran C Patel Blvd T A M P A B A Y C O O P E R 'S B A Y O U Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5541 Agenda Date: 1/17/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break period of March 1, 2019 through April 30, 2019, with the City contributing a lump sum not to exceed $96,394 and authorize the appropriate officials to execute same. SUMMARY: Alternatives for traveling to Clearwater Beach during the Spring Break season are critical to the economic vitality of Clearwater and our tourism industry. The City and PSTA propose utilizing the City Hall parking lot and two other lots adjacent to City Hall as park and ride lots for the 66-day period commencing March 1, 2019, through April 30, 2019. City Hall parking meters will be suspended during this period. Instead of driving, users will have the option of taking the free Trolley services to and from the Beach or paying to ride the Clearwater Ferry Taxi Service. The Trolley service will be free only for people who board the trolley at the City Hall park and ride site, at the Clearwater Beach Transit Station on the north side of Memorial Causeway, or at the Clearwater Beach Municipal Marina designated pick up location. PSTA currently provides regular service on several routes between Downtown and Clearwater Beach, as well as north and south along the Beach. PSTA operates the Suncoast Beach Trolley which runs from Downtown Clearwater south to St. Pete Beach, and has an agreement with the Jolley Trolley to operate a Beach circulator (North and South Beach routes), as well as the Coastal route connecting to Tarpon Springs. As part of this agreement, PSTA developed a service plan that will increase the number of vehicles serving the Beach during the Spring Break season, especially on the weekend periods from Friday through Sunday during spring break periods for local school districts and during the three weekends of the Sugar Sands Festival. The proposed agreement sets forth the City’s commitment to contribute a lump sum not to exceed $96,394 towards PSTA’s additional financial obligations, including PSTA’s agreement with the Jolley Trolley to provide enhanced service on its Beach circulator routes during the Spring Break season. Riders will have significantly shorter wait times this season with additional plug-in vehicles to maintain the service headway at 15-minute intervals at the City Hall lot. The free park and ride service is planned to start at 10:00 AM and end at the regular close of service (approximately 10:00 PM Sunday-Thursday and 12:00 AM Friday/Saturday). The City and PSTA have developed a marketing plan that includes a media campaign and promotional components . Directional signs for park and ride locations and Dynamic Message Signs will also be deployed . Coordination with, and information about, other transportation alternatives such as the Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#19-5541 Clearwater Ferry will be included in the materials developed. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase cost code 4351333-581000, Payment to Agencies, by $96,394 to fund this contract. This increase will be funded with available Parking operating revenues. Page 2 City of Clearwater Printed on 1/17/2019 Page 1 of 3 33 [A04-01420 /215124/1] CLEARWATER BEACH SPRING BREAK 2019 ROUTE FUNDING AGREEMENT THIS FUNDING AGREEMENT (Agreement) is entered into on this day of , 2019, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district (“PSTA”), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal place of business located at 112 South Osceola Avenue, Clearwater, Florida 33756 (the “City of Clearwater”) (collectively referred to as the “Parties”). WHEREAS, the Spring Break seasonal enhanced service promotion began as a partnership between PSTA and the City in 2017; WHEREAS, both parties agree that the Spring Break seasonal pilot in 2017 was a valuable method that encouraged residents, visitors and employees to use alternative transportation options to access all that Clearwater Beach has to offer and the Parties executed another successful service partnership in 2018; WHEREAS, PSTA, by and through an agreement with Jolley Trolley Transportation of Clearwater, Inc. (the “Jolley Trolley Agreement”), engages the Jolley Trolley to provide fixed route trolley services including the Clearwater North Beach Route and the Clearwater South Beach Route, as further defined in the Jolley Trolley Agreement; WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for the Clearwater North Beach Route and Clearwater South Beach Route services; WHEREAS, PSTA and the City of Clearwater have entered into a Clearwater Beach Route Funding Agreement wherein the City will provide funding to PSTA for Fiscal Year 2018/19 for the Clearwater North Beach Route services provided pursuant to the Jolley Trolley Agreement; WHEREAS, in addition to the services provided by Jolley Trolley, PSTA regularly operates bus service from downtown Clearwater and beach communities along Gulf Boulevard on the Suncoast Beach Trolley (the “Suncoast Beach Trolley Route”); WHEREAS, both the City of Clearwater and PSTA understand the significant auto congestion on Clearwater Beach and need for expanded alternative ways for residents, visitors, and employees to access the beach; WHEREAS, the Parties desire to provide enhanced downtown to beach service on the Suncoast Beach Trolley Route and Clearwater South Beach Route during the 2019 Spring Break period of March 1 through April 30, 2019 from parking areas at the Clearwater City Hall to the Clearwater Beach Transit Center and Marina Stops on Clearwater Beach; WHEREAS, PSTA will not extend existing bus services to these parking locations without the shared contribution of the City of Clearwater, as contemplated by this Agreement. Page 2 of 3 33 [A04-01420 /215124/1] NOW, THEREFORE, the Parties for and in receipt of the mutual promises and consideration described herein, hereby mutually agree that: 1. RECITALS. The above recitals are true and correct and, together with all exhibits, are incorporated herein by reference. 2. BASE SERVICE COSTS. City of Clearwater will contribute toward PSTA’s costs of enhanced service on the Suncoast Beach Trolley Route and Clearwater South Beach Route during the 2019 Spring Break period of March 1 through April 30, 2019 at a lump sum cost not to exceed Ninety-Six Thousand, Three Hundred Ninety-Four ($96,394.00) Dollars, which will be paid to PSTA by the City of Clearwater by March 31, 2019. 3. FAILURE TO MAKE PAYMENT. In the event City of Clearwater fails to make the payment provided in Section 2 above, PSTA may cancel this Agreement, which may result in the termination of the enhanced trolley services. 4. ACTUAL HOURS RECONCILATION. In the case of inclement weather or other forces that may cause lower ridership, PSTA at is sole discretion, may reduce the service provided by the Suncoast Beach Trolley Route and/or Clearwater South Beach Route to accommodate demand. Within forty-five (45) days of the end of the Contract Term (as defined below), PSTA shall perform a reconciliation that compares the service hours estimated with the actual service hours delivered under this Agreement. If the cost of hours estimated exceed the cost of actual hours delivered collective of all providers, PSTA will issue a refund of the amount paid by the City of Clearwater pursuant to Section 2 above and the cost of actual service delivered. Estimated service hours are calculated based on attached exhibit, which is incorporated as if fully stated herein. 5. JOINT MARKETING. The parties agree to coordinate a joint marketing effort to advertise this enhanced service and other transportation services to and from the beach that encourage the use of non-automotive mass transportation. Additionally, PSTA will provide and the City will assist with the installation, maintenance and removal of temporary directional signage for the promotional service as produced by PSTA. 6. EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate at the end of the service day on April 30, 2019 (the “Contract Term”). 7. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA’s rights under the Jolley Trolley Agreement. Page 3 of 3 33 [A04-01420 /215124/1] 8. INDEMNIFICATION. Each party agrees to be fully responsible for its own acts of negligence or its respective employees’ acts of negligence when such employees are acting within the scope of their employment, and each party agrees to be liable for any damages proximately caused thereby consistent with and pursuant to section 768.29(19), Florida Statutes; provided, however, that each party’s liability is subject to the monetary limitations and defenses set forth in Florida Statutes 768.28. Nothing herein is intended to serve or be construed as a waiver of sovereign immunity or any other immunity from or limitation of liability to which either party is entitled, nor shall anything herein be construed as consent by either party to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by Florida Statute 768.28. IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY By: _ Witness Brad Miller, Chief Executive Officer Witness Approved as to Form: Alan S. Zimmet, Esq. General Counsel CITY OF CLEARWATER, FLORIDA Countersigned: By: _ George N. Cretekos, Mayor William B. Horne II, City Manager Attest: Approved as to Form: Rosemarie Call, MPA, CMC Michael P. Fuino City Clerk Assistant City Attorney Spring Break Modified Base Service March 1- April 30 (8 weeks) Additional Service for Local Spring Break and Sugar Sands WEEKENDS ONLY FY19 Summary of Proposed Funding Formula Platform Total Cost Total Costs Hours Per Hour Total Jolley Trolley Total Estimated Hours 1,028 77.69$ 79,854$ PSTA SBT Total Estimated Hours 631 74.28$ 46,886$ BUSY Weekends Total Estimated Hours 889 74.28$ 66,050$ Total Anticipated Costs 192,789$ 6 Busiest weekends (3 local Spring Break/3 Sugar Sand), 6 additional buses added to Base Marketing and Public Outreach budget provided by PSTA ($15k) Fare Free for riders boarding at specified stops: Osceola Street lot, CBTC and Marina Service Funding Contributors City of Clearwater 96,394$ 50.0% Pinellas Suncoast Transit Authority 96,394$ 50.0% 192,789$ 100% TOTAL 192,789$ 100.0% DRAFT 11/30/2018 Total Funding Contributions Assumptions: ADD TO SPRING BREAK BASE SERVICE 8 week promotion, 1 bus added to year-round service Mon-Thu/2 buses Fri-Sun Free Park and Ride Service starting at 10am- end of service day (10pm or 12am F/Sa) ! ! ! ! Clearwater Beach Marina Clearwater Beach Transit Center! Downtown Clearwater to Clearwater Beach ±0 0.5Miles City HallParking Lot 2019 Spring Break Trolley Park & Ride kkk kLegend !Clearwater Ferry Stops Park and Ride Stops Jolley Trolley North Beach Route Jolley Trolley South Beach Route Jolley Trolley Coastal Route Suncoast Beach Trolley Clearwater Ferry Route Travels One Way Parking DRAFT FOR REVIEW11/30/2018 DRAFT Rev. 12/20/18 Spring Break 2019 ‐ Marketing Plan Background For the third consecutive year, PSTA is partnering with Jolley Trolley, the City of Clearwater, the Clearwater Regional Chamber, and the Clearwater Beach Chamber to provide and promote public transit services in and around downtown Clearwater for the Spring Break season Service Details  Beachgoers can park for free at City Hall lots o Note: in previous years we also served the Harborview Lot and included Clearwater Ferry info on promo materials. This year the only parking lot is City Hall; ferry will not be included in materials  Board free at City Hall, Clearwater Beach Transit Center, New Marina Stop o New temporary Marina stop to be improved with shelters and wayfinding signage in the Marina parking lot  Promo runs March 1 through April 30, 2019  Service will operate with a combination of PSTA trolleys and Jolley Trolley  Trolleys will run approximately every 30 minutes weekdays and every 15 minutes on weekends o Additional vehicles will be needed for the three weekends and two weeks of Sugar Sands Signage Plan The single most effective marketing tool for this service is effective sign placement and management. Signs will be placed, monitored, and replaced (as needed) by PSTA staff to ensure proper placement and good physical condition  Corrugated plastic signs mounted to existing poles located at intersections approaching City Hall lot and at the lot entrance (install by Paul and by city staff)  Informational signs at City Hall, Clearwater Beach Transit Center, and Marina Stop o Route info and promo details, images of vehicles, Transit app  Pedestrian Wayfinding on Beach Sidewalks o Clearwater Beach Transit Center pointing to the beach and to the marina o Marina pointing to the trolley stop DRAFT Rev. 12/20/18 Promotions  Rack Cards o Outlines promo details and includes map showing free boarding locations o Encourages use of Transit App o Distributed to off‐beach hotels, retailers, restaurants, and at other PSTA outreach events  Social Media (ongoing) o Weekly gift card giveaway partnership with Clearwater Beach Chamber members and participating beach restaurants (Mandee working on gift card donations) o Boosted posts encouraging ongoing engagement  Earned Media o Informational press release  Send out 2‐3 times throughout the promotion o Story pitch to local reporter for ride along opportunity – possibly with the mayor and Brad?  Digital Truck Ads with Roadrunner Digital o Large crowd events focused in Dunedin, Clearwater, and Largo  Webpage o www.PSTA.net/springbreak o To include timetables for Jolley Trolley and Suncoast Beach Trolley o Specialty service map o Links to Transit App and JT’s real time DRAFT Rev. 12/20/18 Timeline Item Assigned to Due Date Update sign deployment map Cyndi/Nicole 11/30/18 (done) Revise sign map based upon city input Cyndi 12/20/18 (done) Update Spring Break graphic Liselle 12/31/18 Yard sign design Liselle 12/31/18 (done) Specialty service map (routes, free stops) Liselle 12/31/18 Design rack card Liselle 12/31/18 Contact beach restaurants for gift card partnership Mandee 12/31/18 Design social/digital media graphic Liselle 12/31/18 Design webpage Liselle 12/31/18 Design HERO website banner image Liselle 12/31/18 Brainstorm video ideas with team Bill 1/15/19 Order rack card Liselle 2/1/19 Order yard signs Liselle 2/1/19 Get physical gift cards for promo Mandee 2/1/19 Develop gift card/social promo plan Alissa 2/1/19 Develop earned media plan Whitney 2/1/19 Distribute rack cards to partners Edith 2/15/19 Website live Liselle 2/15/19 HERO banner live Liselle 2/15/19 Social teasers begin Alissa 2/15/19 Sign deployment City staff 3/1/19 Gift card promo begin, to run weekly Alissa 3/4/19 Implement media plan Implement social plan DRAFT Rev. 12/20/18 DRAFT Rev. 12/20/18 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5484 Agenda Date: 1/17/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Approve 2019 State Legislative Priorities. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/17/2019 In addition, the City will support the Florida League of Cities in pursuing its legislative priorities. 2019 State Legislative Priorities Issues to Support We support legislation and programs that benefit municipalities and assist in implementing services to meet the needs of our citizens and improve their quality of life including: Repeal the state preemption of vacation rental property laws to allow local governments to regulate such properties to protect the health and welfare of their residents, visitors and businesses. Provide full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act. Allow pension plans the ability to use a more conservative mortality table than what is used by FRS. Support consideration of alternative omnimodal transit options, including all grant funding opportunities, from Tampa International Airport to Clearwater Beach. Preserve the statewide program that assists local governments with maintaining Spring Training facilities. Renew the Entertainment Industry Financial Incentive Program to continue attracting film and television production to the State of Florida. Issues to Oppose We oppose legislation that is detrimental to Clearwater and other municipalities including: Erosion of local self-government (Home Rule), a constitutional right Floridians supported in a statewide vote 51 years ago. Increased regulation of, or restrictions on, municipal operations and budgeting. Preemption of local government’s ability to regulate Airbnb rentals, or similar marketplaces, that allow individuals to rent out unused spaces in their homes for lodging. Changes to existing laws related to offshore Oil Drilling in the Gulf of Mexico. Restriction or elimination of municipal revenues generated under the communications services and local business tax. Elimination of Community Redevelopment Agencies. In addition, the City will support the Florida League of Cities in pursuing its legislative priorities. Imposed consolidation of municipal and county services. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5618 Agenda Date: 1/17/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Provide direction for the Charter Review Committee. SUMMARY: Page 1 City of Clearwater Printed on 1/17/2019 Subpart A - CHARTER [1] Footnotes: --- (1) --- Editor's note—Printed herein is the home rule charter of the city, Ordinance No. 7235-04, as approved by the electors on March 9, 2004. Formerly, said Charter derived from Ordinance No. 1830, as approved by the electors on December 12, 1978. State Law reference—Municipal home rule powers act, F.S. ch. 166; charter amendments, F.S. § 166.031. ARTICLE I. - CORPORATE EXISTENCE, POWERS, AND BOUNDARIES Section 1.01. - Corporate existence and powers. (a) General Powers.The City of Clearwater, Florida, (the "city"), created by Chapter 9710, Special Laws of Florida, 1923, as amended, exists as a municipal corporation with all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services. The city may exercise any power for municipal purposes except when expressly prohibited by law. In addition to the powers enumerated herein, the city shall be vested with all powers granted by general or special acts of the Legislature of the State of Florida or as otherwise provided by law. (b) Exercise of Powers.The city may exercise its powers and perform and finance any of its functions, by contract or otherwise, jointly or with any one or more states or political subdivisions or agencies thereof, or the United States or any agency thereof, or with any person as defined by law. (c) Construction.The powers of the city under this charter shall be construed liberally in favor of the city. The city is empowered to do whatever is necessary and proper for the safety, health, convenience and general welfare of its inhabitants. The specific mention of a particular power in this charter shall not be construed as limiting the general power stated in this Section of Article I. (6372-99, § 1, 1-21-99/3-9-99) Section 1.02. - Corporate boundaries. The corporate boundaries of the city shall be as they exist on the date this charter takes effect, provided that the city may change its boundaries in the manner prescribed by law. ARTICLE II. - LEGISLATIVE POWER Section 2.01. - Council; composition; powers. (a) Composition.There shall be a city council, (the "council"), composed of five council members, including the mayor. The members will occupy seats numbered one through five, inclusive. All members shall be elected at large by the voters of the city. (b) Powers.All legislative power of the city shall be vested in the council, except as otherwise provided by law or the provisions of this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the city by law. (c) Duties.It shall be the duty of the council to discharge the obligations and responsibilities imposed upon the council by state law, city ordinance and this charter. As a part of the discharge of its duty, the council shall: 1. Each October at a public meeting, present a report on the evaluation of the performance of the city manager and city attorney. 2. Adopt by ordinance a comprehensive system of fiscal management. The fiscal management ordinance shall include provisions relating to the operating budget, capital budget and capital program, and provide for hearings on the budget, capital budget and capital program and the amendment of the budget following adoption. 3. Provide for an annual or more frequent independent audit of all city accounts by a firm of certified public accountants, and provide for publication of a notice of availability of each audit. No firm shall be employed for more than five consecutive years. All audits shall be in accordance with law. 4. Regulate comprehensive planning, zoning and land development as provided by law. (d) Limitations.The legislative power provided herein shall have the following limitations: (1) The total indebtedness, which for the purpose of this limitation shall include revenue, refunding, and improvement bonds of the city, shall not exceed 20 percent of the current assessed valuation of all real property located in the city. The total budgeted expenditures in any fiscal year shall not exceed the total estimated revenue plus any unencumbered funds carried forward from a prior fiscal year. (2) The city council shall by ordinance adopt procedures for the purchase or rental of goods and services. (3) Any non-budgeted expenditure in excess of $5 million must be approved by the council at two separate meetings held at least two weeks apart and advertised notice of a public hearing must be given at least five days prior to the second meeting. (4) With the exception of maintenance or emergency dredging, or dredging relating to those portions of Dunedin Pass and Stevenson's Creek located within the boundaries of the city, permits for dredging or filling in excess of 10,000 cubic yards below the mean high water line may be authorized only after a properly advertised public hearing before the council and approval at referendum. (5) Real property. (i) Prior to the sale, donation, lease for a term longer than five years, or other transfer of any municipal real property, the real property must be declared surplus and no longer needed for municipal public use by the council at an advertised public hearing. Except in the case of right-of-way dedications, the granting of easements, transactions with governmental entities as described herein, or conveyance for Workforce or Affordable Housing no real property may be given away or donated without prior approval at referendum. Following a public hearing, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than one-half acre in size for workforce or affordable housing. Workforce or Affordable Housing means housing affordable to persons or families whose total annual income does not exceed 120 percent of the Area Median Income (AMI), adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) for Pinellas County or metropolitan area. (ii) Except as otherwise provided herein, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the council and whose proposed use of the property is in accordance with the council's stated purpose for declaring the property surplus, if any. However, when the property declared surplus is vacated right-of-way in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the property to the abutting property owner for not less than fair market value. (iii) Surplus real property may be transferred to another governmental entity for less than the appraised value after an advertised public hearing has been held and a finding by the council of a valid public purpose for the transfer. (iv) Surplus real property may be exchanged for other real property having a comparable appraised value. (v) No municipally owned real property which was identified as recreation/open space on the city's comprehensive land use plan map on November 16, 1989, or at any time thereafter, may be sold, donated, leased for a new use, or otherwise transferred without prior approval at referendum, except when the council determines it appropriate to dedicate right-of-way from, or easement over, such property. Such recreation/open space property may be leased for an existing use, without referendum, unless such lease is otherwise prohibited by charter or ordinance. (vi) No right-of-way or easement which terminates at, or provides access to, the water's edge of a body of fresh or salt water may be vacated for private benefit. Nothing contained in this section shall prevent an easement solely for utility purposes from being vacated, exchanged for a new easement for similar purposes or from converting a fee interest for utility purposes into an easement for such purposes. (vii) The council may lease municipal real property for five years or less without declaring it surplus. Municipal real property declared surplus may be leased for a term up to 65 years, provided, however, nothing herein shall preclude renewal of any lease for a maximum of 30 years. Municipal property declared surplus may be leased for an initial period of more than 65 years or a renewal period exceeding 30 years, if approved at referendum, but not to exceed 95 years total. (viii) All leases of municipal real property shall contain recapture and reverter clauses. (ix) When purchasing real property for less than $500,000.00, the council shall obtain an appraisal performed by city staff or independent certified appraiser. If the purchase price of such property equals or exceeds $500,000.00 but is less than $1,000,000.00, the council shall obtain at least one appraisal by an independent certified appraiser. If the purchase price of such property equals or exceeds $1,000,000.00, the council shall obtain at least two appraisals by independent certified appraisers. (6) No municipal or other public real property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Chestnut Streets, being further described in Appendix A, and no municipal or other public real property constituting the Memorial Causeway or lands immediately contiguous thereto, more particularly described as: That portion of Memorial Causeway (S.R. 60) a 1,200-foot-wide right-of-way, lying between the east abutment of the west bridge and the east line of Clearwater Harbor, and the submerged portions of Board of Trustees of the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502, shall be developed or maintained other than as open space and public utilities together with associated appurtenances, except upon a finding by the council at a duly advertised public hearing that such development is necessary in the interest of the public health, safety and welfare of the citizens of the city and approval of such finding at referendum, conducted subsequent to the public hearing. For the purpose of this section "open space" shall include plazas, sidewalks, boardwalks, elevated walkways, paths, trails, roadways, stairs, benches, tables, water fountains, litter receptacles, lighting, wayfinding and similar amenities and surface parking. As an exception to the open space limitation contained herein, the following uses and facilities are allowed to be constructed and maintained on that portion of the city-owned property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Pierce Streets: a city-owned bandshell and associated facilities including removable seating; city-owned tennis courts and associated appurtenances, playground, splash pad, water features, artwork and similar amenities; public restrooms and park storage. Additionally, licensing of events, temporary booths for vending, and mobile concessions may be permitted. Notwithstanding any provision of this section to the contrary, city-owned public docks, promenade, side tie moorings and not more than 140 dedicated boat slips for recreational non- commercial vessels, together with public restrooms and dock master offices which shall not exceed 1,200 square feet and associated surface parking, may be constructed, operated and maintained in and on that portion of Clearwater Harbor and abutting uplands generally located south of Drew Street, north of Smith's Finger, east of the Intracoastal Waterway Channel and west of the Bluff as more particularly described in Appendix B. Potable water, shore power, sewage pump out and restroom facilities may be provided to and located on the slips, docks and moorings. The dockmaster's office may include coin-operated washers and dryers and sale of ice. The parking for the facility, which may be designated for use by slip tenants, shall be existing surface parking which shall be brought up to code and shall not result in any net loss of green space. City may permit ferries, water taxis, excursion boats and similar uses to access the docks for drop off and pick up of passengers, booths for ticket sales, and directional signage. The promenade shall be constructed on a portion of the footprint of the prior bridge. City council shall adopt by resolution regulations that provide city residents first priority for the dedicated boat slips and which ensure public access to the docks, boardwalks and promenade, however nothing herein shall prohibit fencing and gates for security. Concessions for rental of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats may be permitted and a restroom and boathouse structure not to exceed 2,000 square feet for storage of said equipment may be permitted. Except for a ramp for launching of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats, no boat launching ramps, fueling facilities or parking garage shall be permitted. (7) No city owned real property in the area bounded on the north by Drew Street, on the east by Osceola Avenue, on the south by Pierce Street, and on the west by the waters of Clearwater Harbor, shall be sold, donated, leased, or otherwise transferred or used for other than city facilities except upon a finding by the council at a duly advertised public hearing that such transfer or use is necessary and in the interest of the public health, safety and welfare of the citizens of the city and the approval of such finding at referendum. Except that the structure known as Harborview Center, as described in Appendix B may be leased for and used in furtherance of any municipal purpose consistent with the charter and ordinances of the city; and, portions of the Downtown Main Library may be leased and used for a café or restaurant, special events, art galleries, maker space, and other compatible public and commercial uses. Additionally, the council at a duly advertised public hearing, may grant easements for underground utilities. (8) Notwithstanding and as an exception to anything contained in section 2.01(d)(5), (6) and (7) herein, and the City Council is authorized to: (a) Negotiate and enter into a ground lease with the Clearwater Marine Aquarium for an initial term of not to exceed 60 years for redevelopment of certain municipally owned real property in the Downtown generally described as generally lying west of Osceola Ave., east of the unimproved Pierce Boulevard right-of-way, south of Cleveland St. and north of Pierce St., as more specifically described in Appendix C, for compensation to be determined by City Council which may be less than fair market value, for the purpose of construction, operation and maintenance of an aquarium as specifically described herein. (b) Negotiate and enter into a lease allowing the construction, operation and maintenance of an Aquarium which shall not exceed 250,000 square feet and may include the following components: Exhibit space including exhibit space for traveling exhibits: Animal hospital including Surgical Suite and medical laboratory; Water Quality laboratory: Classrooms and Community rooms: Food and catering facilities: Theaters; Laundry facilities: Retail/Gift shop: Administrative offices; Video/film production facilities; Mechanical space i.e. chiller, boiler, power generation; Chemical storage rooms, dry and liquid: Life Support equipment rooms i.e. filters, pumps, ozonators, backwash recovery systems, water storage: Saltwater pumping station: Driveways, Delivery and loading and unloading zone. Pick-up/drop-off zone: and drainage facilities: and such other functions as a typically associated with an aquarium of similar size. (c) Grant necessary easements for driveways, utilities and salt water intake and discharge as permitted by the appropriate agencies. (d) Authorize relocation of the tennis courts to a location to be determined by the City Council. (e) If at any time prior to commencement of construction of the Aquarium, CMA abandons the project or fails to meet material obligations under the lease, or if the City Council does not approve a lease pursuant hereto on or before June 15th, 2015 the exemptions contained in this § 2.01(d)(8) shall expire and have no further force and effect. (Ord. No. 6373-99, §§ 1, 2, 1-21-99/3-9-99; Ord. No. 7237-03, § 1, 12-18-03/3-9-04; Ord. No. 7777-07, § 1, 1-18-07/3-13-07; Ord. No. 7901-07, §§ 1, 2, 11-15-07/1-29-08; Ord. No. 8298-11, § 1, 12-1-11/1-31-12; Ord. No. 8418-13, § 2, 6-19-13/11-5-13; Ord. No. 8808-15, § 1, 12-3-15/3-15-16; Ord. No. 8809-15, § 1, 12-3-15/3-15-16; Ord. No. 9063-17, § 2, 8-3-17/11-7-17) Section 2.02. - Qualifications. Members of the council shall be qualified voters of the city and shall have continuously resided in the city for at least one year prior to submitting a petition for election. The council shall be the judge of the election and the other qualifications of its members and of the grounds for forfeiture of their office. Section 2.03. - Election and terms. Commencing with the terms beginning in 2008, all council members, including the mayor, shall be elected for terms of four years. Terms shall overlap, with two council members and the mayor elected one year, and the additional two council members elected two years later. No person who has, or but for resignation or forfeiture of office would have, served as a council member for two consecutive full terms shall serve as a council member other than mayor for the succeeding four-year term. No person who has, but for resignation or forfeiture of office would have, served as mayor for two consecutive full terms, shall serve as mayor or council member for the succeeding four-year term. Term limits shall be effective for each respective seat on the date of the next election for that seat after 1994. Newly elected council members shall take office the next business day following certification of city election returns. (Ord. No. 63-74-99, § 1, 1-21-99/3-9-99; Ord. No. 7902-07, § 1, 11-15-07/1-29-08) Section 2.04. - Compensation and expenses. The council may determine the annual salary of council members and the mayor by ordinance. No ordinance increasing such salary shall become effective until the date of commencement of the terms of council members elected at the next regular election, occurring at least six months following the adoption of such ordinance. Council members shall be reimbursed their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. - Mayor, functions, and powers. The mayor shall preside at all meetings of the council, perform such other duties consistent with the office as may be imposed by the council and this charter, and shall have a voice and a vote in the proceedings of the council, but no veto power. The mayor may execute legal instruments on behalf of the city or otherwise as required by law. This authorization does not confer upon the mayor administrative duties except as required to carry out the responsibilities stated in this charter. The mayor shall be recognized as the official head of the city by the courts for the service of process, by the governor for purposes of military law, and for all ceremonial purposes. At the first council meeting each April, the council shall elect one of its members as vice-mayor. The vice-mayor shall act as mayor during the temporary absence or inability of the mayor to perform the duties of the office of the mayor. Section 2.06. - Prohibitions. (a) Appointments and removals.Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officer or employee whom the city manager, or any of the city manager's subordinates, is empowered to appoint. (b) Dealing through city manager.Except during an investigation, the council members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager. Neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. Recommendations for improvement in city operations by individual council members shall be made to and through the city manager. Nothing in the foregoing paragraph prohibits individual members of the council from asking questions and observing city operations so as to obtain independent information to assist them in the formulation of policy. (c) Holding other office.No present or former council member shall hold any compensated appointive city office or employment until one year after the expiration of the term for which such council member was elected. Section 2.07. - Vacancies; forfeiture of office; filling vacancies; advisory boards. (a) Vacancies.The office of a council member shall become vacant upon the death, resignation, removal from office in any lawful manner, or forfeiture of the office, such forfeiture to be declared by the remaining members of the council. (b)Forfeiture of office.A council member shall forfeit such office if such member: 1. Lacks at any time during the term of such office any qualification for the office prescribed by law, or 2. Is convicted of a felony or a crime involving moral turpitude, or 3. Fails to attend six consecutive regular meetings of the council, unless such absence is excused by the council, or 4. Fails to attend twenty-five percent of the regular meetings during a 12-month period whether excused or not. (c) Filling of vacancies; vacancy in council member's seat. 1. A vacancy on the council should be filled by majority vote of the remaining council members within 30 days after the vacancy. The person so appointed shall serve as a council member until the next regular or special election. At such election, a council member shall be elected to serve for the remainder of the unexpired term of office. 2. If the council member fails to fill such vacancy within 60 days after it occurs, a special election shall be called to fill the unexpired term. 3. Any person appointed to fill such a vacancy shall possess all the qualifications required of a council member by law. (d) Extraordinary vacancies.In the event that all council members resign or are removed by death, disability, or forfeiture of office, the governor shall appoint an interim council that shall call a special election to be held within 90 days after the occurrence of the vacancies. Such election shall be held in the same manner as the first election under this charter. In the event vacancies cannot be filled as provided in section 2.07(c) because of permanent vacancies which make it impossible to assemble a quorum, then in such case the governor shall appoint that number of council members necessary to constitute a quorum who shall hold office until the next regular or special election. (e) Boards.The council is empowered to appoint such advisory boards as it deems appropriate and regulatory board(s) as may be established by law. (Ord. No. 6375-99, § 1, 1-21-99/3-9-99 Section 2.08. - Procedure. (a) Meetings.The council shall meet regularly at least once each month at such times and places as the council may prescribe by rule. Special meetings may be held on call of the mayor, the city manager, or any two council members and, when practical, upon no less than 24 hours' notice to each member and the public. All meetings shall be public, except as otherwise provided by law. The city manager and any council member shall have the power to cause any item to be placed on the next agenda. (b) Rules and minutes.The council shall determine its own rules and order of business. The city clerk shall keep minutes of the council proceedings. (c) Voting.Voting on ordinances and resolutions shall be by roll call and shall be recorded in the minutes. A majority of the council shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. Except as provided in section 2.07(c), section 3.02 and in the preceding sentence, no action shall be valid or binding unless adopted by the affirmative vote of the majority of all council members. Section 2.09. - Ordinances and resolutions in general. (a) Definitions. 1. "Ordinance"means an official, legislative action of the council, which action is a regulation of a general and permanent nature and enforceable as a local law. 2. "Resolution"means an expression of the council concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the business of the council. (b) Form.Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended action, section, subsection, or paragraph of a section or subsection. (c) Procedure.A proposed ordinance shall be read by title, or in full, on at least two separate days, at either regular or special meetings of the council, and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall state the date, time, and place of the meeting, the title or titles of proposed ordinances and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (d) Effective date.Except as otherwise provided in this charter, every adopted ordinance shall become effective ten days after adoption or as otherwise specified therein. (e) Emergency ordinances.An ordinance may be passed as an emergency measure on the day of its introduction if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the vote of at least four council members. An emergency ordinance shall remain effective as an ordinance for a period of 90 days and shall automatically expire at the end of such 90-day period unless during the time of such period the ordinance is submitted for adoption in the manner provided for non-emergency ordinances. Such ordinances may not levy taxes; grant, renew or extend a franchise; change election qualifications; set service or user charges for any municipal services; authorize the borrowing of money; enact or amend a land use plan; or rezone private real property. Emergency ordinances shall become effective upon passing or at such other date as shall be specified in the ordinance. Section 2.10. - Authentication, recording and disposition of charter amendments, ordinances, and resolutions. (a) Authentication.The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the council. In addition, when charter amendments have been approved at referendum. (b) Recording.The city clerk shall keep properly indexed records in which shall be recorded, in full, all ordinances and resolutions passed by the council. Ordinances shall periodically be codified. The city clerk shall also maintain the city charter in current form. A copy of the charter and any amendments thereto shall be sent to the secretary of state. (c) Availability of Public Records.The council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this charter available to the people of the city for public inspection and available for purchase at a reasonable price to cover the cost of reproduction. ARTICLE III. - ADMINISTRATION Section 3.01. - City manager. The city manager shall serve as the chief administrative officer and chief executive officer of the city. The city manager shall be appointed on the basis of administrative qualifications, experience, and training. The city manager need not be a resident of the city or state at the time of appointment, but shall establish and maintain residency within the city within one year after the appointment. The city manager shall be responsible to the council for all city administrative affairs. Section 3.02. - Appointment; removal; compensation. (a) Appointment.The council shall appoint a city manager by an affirmative vote of four council members. The city manager shall hold office at the pleasure of the council. (b) Removal.The council may remove the city manager by an affirmative vote of four council members or a majority of the council members at two separate meetings held at least two weeks apart. Upon request by the city manager, a public hearing will be held prior to a vote to remove the city manager. (c) Compensation.The compensation of the city manager shall be fixed by a majority of all the council members. (d) Acting city manager.By letter filed with the council, the city manager shall designate one or more assistant city managers to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this period, the council shall appoint an interim or new city manager in accordance with the provisions of this charter. Section 3.03. - Powers and duties of the city manager. The city manager shall: (a) Appoint, promote, and suspend, demote, or remove any city employees or appointive administrative officers under the city manager's jurisdiction, except as may be otherwise provided by law. Such appointment, promotion, suspension, demotion, or removal shall be in compliance with the civil service law and other applicable rules and regulations. (b) Establish or discontinue any city department, division or board in the administrative affairs of the city, subject to council approval. (c) Attend council meetings and have the right to take part in discussion, but not to vote. (d) See to the faithful execution of all laws, provisions of this charter, and acts of the council subject to enforcement by the city manager or officers subject to the city manager's supervision. (e) Prepare and submit to the council in the form provided by ordinance, the annual budget, a capital improvement budget, and a projected capital improvement program for a minimum five- year period. (f) Submit to the council at the first regular meeting in September of each year and make available to the public a comprehensive report on the financial condition and administrative activities of the city. (g) Make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the city manager's supervision. (h) Keep the council fully advised as to the financial condition and future needs of the city and make recommendations to the council concerning the affairs of the city. (i) Sign contracts on behalf of the city pursuant to the provisions of appropriations ordinances. (j) Develop and keep current an administrative code which sets forth the organizational and operational procedures of the city government. (k) Provide administrative assistance to the council in connection with their official duties, and perform such other duties as are specified in this charter or may be required by the council. (l) Act as purchasing agent for the city. (Ord. No. 6375-99, § 2, 1-21-99/3-9-99) Section 3.04 - City clerk. The city manager shall appoint a city clerk, which appointment must be confirmed by the council prior to becoming effective. The city clerk or the designee of the city clerk shall: (a) Be custodian of all records and the official seal of the city; (b) Attest all documents requiring attestation and agreements to which the city is a party; (c) Arrange for and supervise all city elections; (d) Attend all meetings of the council and keep minutes of its proceedings; (e) Give notice of council meetings to its members and the public; (f) Perform such other duties as directed or required by law. Section 3.05. - Personnel system. Appointments and promotions of city officials and employees, except those specifically exempted by ordinance, shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence as provided by law. ARTICLE IV. - CITY ATTORNEY; LEGAL DEPARTMENT [2] Footnotes: --- (2) --- Code reference— Officers and employees generally, § 2.261 et seq. Section 4.01. - City attorney, legal department. There shall be a legal department, headed by the city attorney, operating under the authority of and responsible to the council. The legal department shall consist of the city attorney, assistant city attorneys and such other staff as the council may direct. Section 4.02. - City attorney appointment, removal, and compensation, qualifications and duties. (a) Appointment.The city attorney shall be appointed by the affirmative vote of four council members and may be removed by a majority of the members of the council. Upon request by the city attorney a public hearing will be held prior to a vote to remove the city attorney. The city attorney shall be a member in good standing of The Florida Bar. (b) Duties.The city attorney shall be the legal advisor to the council, the city manager and all city departments, offices and agencies. When required by the city council, the city attorney shall prosecute or defend, on behalf of the city, all complaints, suits and controversies in which the city is a party; and shall prepare or review and approve as to form and legal sufficiency all contracts, bonds, and other instruments to which the city is a party. The city attorney shall perform such other duties as may be directed by law or the city council. (c) Absence.By letter, filed with the council, the city attorney shall designate one or more assistant city attorneys to perform the duties of city attorney during a temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this time, the council shall appoint an interim or new city attorney in accordance with the provisions of this charter. (Ord. No. 6375-99, § 3, 1-21-99/3-9-99) Section 4.03 - Assistant city attorneys; special counsel. (a) Assistants.The city attorney shall appoint as many assistant city attorneys as authorized by the city council. (b) Special Counsel.The council may employ special counsel, outside of the legal department, who shall conduct such investigations and perform such services as the council may direct and who shall report directly to the council. Section 4.04 - Compensation. The council shall determine the compensation to be paid to the city attorney and special counsel. Compensation for the assistant city attorneys shall be established by the city attorney and approved by the council. ARTICLE V. - RESERVED ARTICLE VI. - INITIATIVE; REFERENDUM; RECALL Section 6.01. - Initiative. The voters of the city shall have power to propose ordinances to the council, and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such powers shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, or salaries of city officers or employees. Section 6.02. - Referendum. The voters of the city shall have power to require a reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, any emergency ordinance, or ordinance relating to appropriation of money, levy of taxes, or appointment or salaries of city officers or employees. Section 6.03. - Recall. The voters of the city shall have the power to recall or remove from office any elected official or officials of the city, for the reasons and in the manner set forth in the General Laws of the State of Florida. Section 6.04. - Commencement of proceedings. Any five voters may commence initiative or referendum proceedings by filing with the city clerk or other official designated by the council an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official designated by the council shall at the committee's request issue the appropriate petition blanks to the petitioners' committee at the committee's expense. Section 6.05. - Petitions. (a) Number of signatures.Initiative or referendum petitions must be signed by voters of the city equal in number to at least ten percent of the total number of voters registered to vote in the last regular city election. (b) Form and content.All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of the circulator.Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof stating: That the circulator personally circulated the paper; the number of signatures thereon; that all the signatures were affixed in circulator's presence; that the circulator believes them to be the genuine signatures of the persons whose names they purport to be; and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions.Completed referendum petitions must be filed within 90 days after the effective date of the ordinance sought to be reconsidered. Section 6.06. - Procedure to filing. (a) Certificate of city clerk; amendment.Within 20 days after the initiative or referendum petition is filed, the city clerk or other official designated by the council shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is insufficient and shall promptly send a copy of the certificate to the petitioner's committee by registered mail. Grounds for insufficiency are only those specified in section 6.05 hereof. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend with the city clerk or other official designated by the council within two working days after receiving the copy of the city clerk's certificate and files a supplementary petition within ten days after receiving the copy of such certificate. The supplementary petition shall comply with the requirements of subsections (b) and (c) of section 6.05 hereof and within five days after it is filed the city clerk or other official designated by the council shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioner's committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient, or if a petition or amended petition is certified insufficient and the petitioner's committee does not elect to amend or request council review under subsection (b) of this section within the time required, the city clerk or other official designated by the council shall promptly present the certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Council review.If a petition has been certified insufficient and the petitioner's committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two working days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall within 30 days review and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. Section 6.07. - Referendum petitions; suspension of effect of ordinance. When a referendum petition is filed with the city clerk or other official designated by the council, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a). There is a final determination of insufficiency of the petition, or (b). The petitioners' committee withdraws the petition, or (c). The council repeals the ordinance, or (d). Tabulation of the ballots cast by the voters of the city on the ordinance has been certified and repeal of the ordinance has failed. Section 6.08. - Action on petitions. (a) Action by council.When an initiative or referendum petition has been determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (b) Submission to voters.The vote of the city on a proposed or referred ordinance shall be held not less than 90 days and not later than 150 days from the date that the petition was determined sufficient. If no regular city election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Withdrawal of petitions.An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the city by filing with the city clerk or other official designated by the council a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 6.09. - Results of election. (a) Initiative.If a majority of the voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as an ordinance of the same kind adopted by the council except that it may not be repealed until after the next regular city election. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum.If a majority of the voters voting on a referred ordinance vote against the referred ordinance, it shall be considered repealed upon certification of the election results and may not be reenacted in substance until after the next regular city election. (Ord. No. 6375-99, § 4, 1-21-99/3-9-99) ARTICLE VII. - GENERAL PROVISIONS Section 7.01. - Charter amendment. (a) Initiation by ordinance.In addition to charter amendments otherwise authorized by law, the council may, by ordinance, propose amendments to any part or all of this charter, except Article I, section 1.02, prescribing boundaries, and upon passage of the initiating ordinance shall place the proposed amendment to a vote at the next general election held within the city or at a special election called for such purpose. (b) Initiation by petition. 1. The voters of the city may propose amendments to this Charter, except Article I, section 1.02, prescribing boundaries, in the manner set forth in Article VI, section 6.05(a)—(c). 2. Upon certification of the sufficiency of the petition by the city clerk, the council shall place the proposed amendment to a vote of the voters at the next general or special election held not less than 90 days nor more than 150 days after certification. Section 7.02. - Charter review advisory committee. The council shall appoint a charter review advisory committee in January, 1994, and at least every five years thereafter provided the appointments are made in January of a year preceding a city election. The charter review advisory committee shall be composed of not less than ten members. It shall review the existing charter and make recommendations to the council for revisions thereto. ARTICLE VIII. - NOMINATIONS AND ELECTIONS Section 8.01. - Qualified voters. Any person who is a resident of the city who has qualified as a voter of Florida, and Pinellas County, and who registers in the procedural manner prescribed by law, shall be a qualified voter of the city. Section 8.02. - Nonpartisan elections. All nominations and elections for council shall be conducted on a nonpartisan basis without regard for or designation of political party affiliation of any nominee on any nomination petition, ballot, or political advertisement under the control of the candidate. (Ord. No. 6375-99, § 5, 1-21-99/3-9-99) Section 8.03. - Form of ballots. The council shall by ordinance prescribe the form of the ballot and the method conducting all elections of the city. (a) Council ballots.Candidates for seats on the council shall be grouped according to the seat number for which they are candidates. Within each group, names shall be placed on the ballot alphabetically. No candidate may seek election to more than one seat in any election. (b) Charter amendment.A charter amendment to be voted on by the voters of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted?" Immediately below such question shall appear, in the following order, the word "yes" and also the word "no" with a location thereafter to indicate the voter's choice. Section 8.04. - Nominations. The names of candidates for council shall be placed upon the ballot by the filing of a written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance. Where only one candidate qualifies for nomination to a seat on the council, then no general election shall be held with respect to the seat and the candidate shall be declared elected to the seat. (Ord. No. 7235-03, § 2, 12-18-03/3-9-04) Section 8.05. - Elections. (a) Council positions.All members of the city council shall be elected at large. The candidate receiving the largest number of votes among the candidates for that seat shall be elected. (b) Regular elections.Regular city elections shall be held on the second Tuesday in March of each year in which a council term expires. (c) Special elections.Special municipal elections may be called by the council at any time for such purposes as are authorized by law. (d) The Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board, unless otherwise provided by ordinance. (Ord. No. 7904-07, § 1, 11-15-07/1-29-08; Ord. No. 7991-08, § 1, 8-7-08/11-4-08) Section 8.06. - Candidate vacancy. If the death, withdrawal or removal from the ballot of a candidate occurs after the end of the qualifying period and leaves fewer than two candidates for an office, then the qualifying period shall be extended to the latest date on which a name can be added to the ballot. If a name cannot be added to the ballot, the remaining candidate shall be declared elected. ARTICLE IX. - FISCAL MANAGEMENT PROCEDURE The city's fiscal management procedure shall include provisions relating to the operating budget, capital budget, and capital program, and provide for hearings on the budget, capital budget, and capital program and the amendment of the budget following adoption. (Ord. No. 7904507, § 1, 11-15-07/1-29-08) ARTICLE X. - TRANSITION SCHEDULE Section 10.01. - Continuation of former charter provisions. All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. Section 10.02. - Ordinances preserved. All ordinances in effect upon the adoption of this charter to the extent not inconsistent herewith, shall remain in force until repealed or changed as provided herein. Section 10.03. - Rights of officers and employees. Except as is specifically provided herein, nothing in this charter shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. City council members shall continue to hold their offices until their successors are elected. Section 10.04. - Pending matters. All rights, claims actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of the charter. Section 10.05. - Schedule. This charter shall be in full effect for all purposes on and after approval by a majority of the electors voting in a valid election to be called for such purpose, and upon being filed with the secretary of state. Appendix A That portion of city-owned land bounded on the north by the right-of-way of Drew Street, on the east by the right-of-way of Osceola Avenue, on the south of the right-of-way of Pierce Street, and on the west by the waters of Clearwater Harbor, lying below the 28 mean sea level elevation, together with the following described tract: Beginning at the northeast corner of section 16, township 29 south, range 15 east, Pinellas County, Florida, and run thence west along the north line of said section, 1320.0 feet; thence south along the west line of the east one-half of the northeast one-quarter of said section 16, 1526.16 feet to an intersection with an easterly projection of the centerline of Pierce Street; thence south 89°45'00" W along the centerline of Pierce Street, 418 feet to an iron stake set in a projection of the west line of Osceola Avenue as extended across Pierce Street; thence south 20 feet along this projection of the southwest corner of the intersection of Pierce Street and Osceola Avenue; thence south 88°18'42" W along the south line of Pierce Street, 375 feet to the point of beginning; thence continue south 88°18'42" W, 270.89 feet along said south line of Pierce Street to the east right-of-way line of Pierce Boulevard; thence south 19°24'39" east along aforesaid east right-of-way along a curve to the right, chord 157.24 feet, arc 157.41 feet, radius 980 feet; thence north 88°18'46" east, 120.42 feet; thence north 0°14'32" west, 50 feet; thence north 88°18'42", 100 feet; thence north 0°14'32" west, 99.80 feet to the point of beginning less and except that portion of the above described tract designated for the Bandshell Site. Appendix B Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected Map of Causeway Business District, according to the plat thereof as recorded in Plat Book 57, Pages 1 and 2, Public Records of Pinellas County, Florida, for a POINT OF BEGINNING, said point being said Westerly right-of-way line of Osceola Avenue; run thence S 01°26'17" E, along said Westerly right-of-way line of Osceola Avenue, 224.38 feet, to the Northerly right-of-way line of Cleveland Street; thence N 89°58'26" W, along said Northerly right-of-way line of Cleveland Street, 403.55 feet; thence N 00°00'15" W, along a line West of the existing Harborview Center Building, 217.30 feet; thence along a line Northerly of said Harborview Center Building the following two courses, S 89°58'26" E, 187.20 feet; thence N 88°07" 14" E, 210.85 feet to the POINT OF BEGINNING. CHARTER COMPARATIVE TABLE - ORDINANCES This table shows the location of amendments to the Charter of 1978, included as Subpart A of Part I. Ordinance Number Adoption Date Referendum Date Section Section this Charter 1830 12-12-78(Election) 1.01—10.05 2905 12-17-82 2-8-83 1 2.01 3825 12-20-84 2-12-85 1 2.01 2 2.03 3 2.07 4, 5 2.09, 2.10 6, 7 3.02, 3.03 8 4.01 9 4.03 10, 11 6.06, 6.07 12 6.09 13, 14 7.01, 7.02 15—17 8.03—8.05 4768 1-19-89 3-14-89 1 1.01, 1.02 2.01—2.03 2.05—2.10 3.01—3.03 4.01—4.05 5.01 6.03, 6.04 6.06—6.09 7.01, 7.02 8.01—8.05 Subpt. A, Art. IX 5153 12-19-91 3-10-92 1 8.04 5161 1-2-92 3-10-92 1 2.01 5691 9-15-94 11-8-94 1 2.01(d)(2) 2 2.01(d)(4) 3 2.01(d)(6) 4 2.01(d)(4) 5 2.03 5758-95 1-19-95 3-14-95 2 2.05 3, 4 2.07(b), (c) 5759-95 1-19-95 3-14-95 1 2.01(d)(7) 5760-95 1-19-95 3-14-95 1 6.05(d) 2 7.01(b)2. 5762-95 1-19-95 3-14-95 1 4.02 3 4.04(a) 5763-95 1-19-95 3-14-95 1 8.05(a) 2 8.06 6205-98 1-15-98 3-10-98 1 2.01(d)(4)(v) 6371-99 1-21-99 3-9-99 1 1.01,1.02 2.01—2.10 3.01—3.05 4.01—4.04 6.01—6.09 7.01, 7.02 8.01—8.06 Art. IX 10.01—10.05 6372-99 1-21-99 3-9-99 1 1.01 6373-99 1-21-99 3-9-99 1 2.01(d)(2) 2 2.01(d)(3) 6374-99 1-21-99 3-9-99 1 2.03 6375-99 1-21-99 3-9-99 1 2.07(f) 2 3.03(f) 3 4.02 4 6.09(a)(b) 5 8.02 7235-03 12-18-03 3-9-04 2 8.04 7237-03 12-18-03 3-9-04 1 2.01(d)(4), (5)(v), (ix) 7777-07 1-18-07 3-13-07 1 2.01(d)(6) 7901-07 11-15-07 1-29-08 1 2.01(d)(5)(i) 2 2.01(d)(7) 7902-07 11-15-07 1-29-08 1 2.03 7904-07 11-15-07 1-29-08 1 8.05(d) 7905-07 11-15-07 1-29-08 1 Art. IX 7991-08 8-7-08 11-4-08 1 8.05(d) 8298-11 12-1-11 1-31-12 1 2.01(c)3. 8418-13 6-19-13 11-5-13 2 Added 2.01(d)(8) 8808-15 12-3-15 3-15-16 1 2.01(d)(5)(ii), (vi), (vii) 8809-15 12-3-15 3-15-16 1 2.01(d)(6), (7) 9063-17 8-3-17 11-7-17 2 2.01(d)(6) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5607 Agenda Date: 1/17/2019 Status: City Manager ReportVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Approve a budget increase in project C1909, City Hall Move, of $168,085 for a total of $383,085 to be funded with an allocation of General Fund reserves. (consent) SUMMARY: On August 2, 2018, Council approved a five-year lease agreement with One Clearwater Tower to serve as administrative offices for departments currently housed in City Hall. On November 15, 2018, Council approved a purchase order with Encore Broadcast Equipment, Inc. for labor and equipment to relocate the broadcast facilities from City Hall to the Clearwater Main Library. As part of this agenda item, Council approved creation of a capital project to account for all costs associated with the move out of City Hall and funded based upon costs known at the time, which were $153,355.74 for broadcast facilities, $50,000 for IT related upgrades, and $11,644.26 for moving and other miscellaneous items. The need for a project budget increase is for two distinct purposes. The first is to add funding for minor costs related to adjustments to the space/furnishings, movers, wiring installation and signage which total $7,455. The second relates to the funding of the lease payments themselves. Due to the timing of lease negotiations, no funding was included in the fiscal year 2018/19 operating budget for rental payments. This portion of the budget increase will include funding for the remainder of the fiscal year (8 payments) which total $160,629.36. At the end of the fiscal year, staff will bring forward an amendment to the budget that will reduce the budget of all areas where actual savings occurred (electrical, utilities, security, custodial, maintenance, etc.) and reallocate those savings back to the general fund reserves. All future rental payments will be included in the operating budget of City Hall departments. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide an allocation of $168,085 from General Fund Reserves to project C1909, City Hall Move. USE OF RESERVE FUNDS: Funding will be provided by a first quarter budget amendment allocating General Fund reserves Page 1 City of Clearwater Printed on 1/17/2019 File Number: ID#19-5607 in the amount of $168,085 to capital improvement project C1909, City Hall Move. Inclusive of this item if approved, a net total of $920,460 of General Fund reserves has been appropriated by Council to fund expenditures in the 2018/19 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $8.7 million, or 5.9% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 1/17/2019 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#19-5613 Agenda Date: 1/17/2019 Status: City Manager ReportVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 10.7 SUBJECT/RECOMMENDATION: Discuss Imagine Clearwater. SUMMARY: Following the special council meeting on December 3rd, 2018 staff has brought forward a site layout and size and scope renderings of a bandshell that would support increased structural back of house facilities and an overhang that could 3,000 seated guests during a concert. Based on this information, staff is seeking direction on the size and scope that the council would like to see the structure designed to. 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