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02/19/2019Tuesday, February 19, 2019 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Council Chambers - Main Library Council Work Session Work Session Agenda February 19, 2019Council Work Session Work Session Agenda 1. Call to Order 2. Presentations February Service Awards2.1 3. City Manager Harborview Demo Presentation (WSO)3.1 Authorize staff to solicit and select a consultant who will work in conjunction with internal and external stakeholders to enhance and update the City of Clearwater Cultural Plan. 3.2 4. Finance Award a contract to SunTrust Equipment Finance and Leasing Corp. to provide a $36,650,000 line of credit to finance planned lease purchases of equipment acquired in the five fiscal years starting October 1, 2018, authorize the appropriate officials to execute the same and adopt Resolution 19-04. 4.1 5. Gas System Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the installation of an underground natural gas main in the CSX right-of-way and authorize the appropriate officials to execute same. (consent) 5.1 Approve a Services Agreement and Purchase Order, in the annual amount of $200,000 with Heath Consultants, Inc., to provide Leak/Corrosion surveys and meter maintenance and authorize the appropriate officials to execute same. (consent) 5.2 Approve an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the amount of $84,800, for the period March 2, 2019 through March 29, 2019, to provide mobile compressed natural gas services at the Clearwater natural gas filling station and authorize the appropriate officials to execute same. (consent) 5.3 6. Parks and Recreation Approve a Non-Exclusive License Agreement between the City of Clearwater and Sand Runners, LLC on a trial basis from March 2, 2019 through September 2, 2019 to provide beach gear valet service for beach visitors and authorize the appropriate officials to execute same. (consent) 6.1 Page 2 City of Clearwater Printed on 2/15/2019 February 19, 2019Council Work Session Work Session Agenda Approve a License Agreement between the Rogers Blue Jays Baseball Partnership and the City of Clearwater to use Jack Russell Stadium during the Class A Dunedin Blue Jays season, April 7, 2019 through September 1, 2019, and authorize the appropriate officials to execute same. (consent) 6.2 Approve two alternative sculptures for Sculpture 360: Season IX-Art in the Cleveland Street District and authorize the appropriate officials to execute same. (consent) 6.3 7. Engineering Approve the Contract for Sale of Real Property between the City of Clearwater and Jeannie M Zimmerman and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.1 Approve an Easement Termination and Release of a City of Clearwater Gas Line Easement located in the City of Largo as Recorded in Official Records Book 3432, Page 446 of the Public Records of Pinellas County, FL and authorize the appropriate officials to execute same. (consent) 7.2 Approve the conveyance of a Distribution Easement to Duke Energy for the installation and maintenance of a new power line and electric facilities for City of Clearwater property at 1700 N Belcher Avenue and authorize the appropriate officials to execute same. (consent) 7.3 Approve the conveyance of a Distribution Easement to Duke Energy for the installation and maintenance of a new power line and electrical facilities for City of Clearwater property at 1550 N Arcturus Avenue and authorize the appropriate officials to execute same. (consent) 7.4 Approve the conveyance of a Distribution Easement to Duke Energy for the installation and maintenance of a new transformer, power line and electrical facilities for City of Clearwater property at Ruth Eckerd Hall and authorize the appropriate officials to execute same. (consent) 7.5 8. Marine & Aviation Approve a License Agreement between PSTA and the City of Clearwater for a Beach Transit Stop located within the Beach Marina Parking Lot and authorize the appropriate officials to execute same. (consent) 8.1 Approve Clearwater Ferry Services Inc. (CFS) 2019 Spring Break Water Taxi Agreement and authorize the appropriate officials to execute same. (consent) 8.2 9. Planning Page 3 City of Clearwater Printed on 2/15/2019 February 19, 2019Council Work Session Work Session Agenda Approve a Future Land Use Map Amendment from the Institutional (I) category to the Residential Urban (RU) category for 4.88 acres of property located at 1625 Union Street and pass Ordinance 9224-19 on first reading. (LUP2018-11006) 9.1 Approve a Zoning Atlas Amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District for 4.88 acres of property located at 1625 Union Street and pass Ordinance 9225-19 on first reading. (REZ2018-11004) 9.2 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 3041 Grandview Avenue, 510 Moss Avenue and 3025 Merrill Avenue, and pass Ordinances 9232-19, 9233-19 and 9234-19 on first reading. (ANX2018-12024) 9.3 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 1300 Idlewild Drive and pass Ordinances 9229-19, 9230-19, and 9231-19 on first reading. (ANX2018-12023) 9.4 Ratify and confirm an increase to Contract No. 900109 with Quorum Services LLC of Tampa, Fl in the amount of $62,261.00 for period January 1, 2018 through December 31, 2018, authorize an increase of $125,000.00 for period January 1, 2019 through December 31, 2019 for inspection services and authorize the appropriate officials to execute same. 9.5 10. Public Utilities Authorize the purchase and/or rental of generators and transfer switches, replacement parts, and services, for an annual not-to exceed amount of $1,000,000 ($300,000 Building and Maintenance and $700,000 Public Utilities) through March 2021, in accordance with City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) 10.1 11. City Manager Verbal Reports Clearwater Shuffleboard Club Stormwater Fee11.1 12. City Attorney Verbal Reports 13. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). Page 4 City of Clearwater Printed on 2/15/2019 February 19, 2019Council Work Session Work Session Agenda 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting Service Award16.1 Page 5 City of Clearwater Printed on 2/15/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5615 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: February Service Awards SUMMARY: 5 Years of Service Donivan Boykins Public Utilities Keith Law Library John Grosso Parks & Recreation 10 Years of Service Terrence Priester Engineering/Stormwater Kevin Boyle Police 15 Years of Service Clement Vericker Finance Heath Brenner Fire Stephen Avise Fire Peter Gushee Fire Matthew Schad Fire James VanZandt Fire Shaun Beasley Parks & Recreation 20 Years of Service Jay Gibson Engineering/Traffic JC Jones General Services 25 Years of Service Guadalupe Newell Gas Pawel Dembinski Engineering 40 Years of Service Raymond Kader Parks & Recreation Page 1 City of Clearwater Printed on 2/15/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5751 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Harborview Demo Presentation (WSO) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2019 |1CITY OF CLEARWATER HARBORVIEW DEMOLITION UPDATE |2CITY OF CLEARWATER TIMELINE: Contract Approval Permitting / Utility Coordination Notice to Proceed Asbestos Abatement Geotechnical Remediation Demolition Post Demolition HARBORVIEW DEMOLITION UPDATE |3CITY OF CLEARWATER CONTRACT APPROVAL: •Council Approved Construction Contract with Biltmore Construction in December 2018 •7 Months to Complete from Notice To Proceed PERMITTING / UTILITY COORD. (10/18 – 1/19): •Building Permits: Demolition, Sewer, Soil Tie-Back Installation •Temporary Fence and Trailer Permits •Right of Way / MOT Permit •Utility Coordination with Duke, Clearwater Gas, Clearwater Potable Water and Communication Entities HARBORVIEW DEMOLITION UPDATE |4CITY OF CLEARWATER NOTICE TO PROCEED: •Issued January 2019 ASBESTOS ABATEMENT (1/11/19 – 2/8/19): •Approx. 5,000 SF of Building Area Required Abatement •Building is Sealed off to Prevent Contamination •10-day County Notification Submitted on Feb. 8, 2019 HARBORVIEW DEMOLITION UPDATE |5CITY OF CLEARWATER GEOTECHNICAL REMEDIATION (2/25/19 - 4/5/19): •Begin After 10-day Notification & Inspection by Pinellas County •Consists of : •Helical Tie-Backs (Cork Screw) to Preserve Surrounding Infrastructure •Lateral Supports Installed Through Concrete Wall •55 Tie-Backs and 33 Drain Holes to be Installed HARBORVIEW DEMOLITION UPDATE |6CITY OF CLEARWATER DEMOLITION (4/8/19 – 7/1/19): •Dismantling/Deconstruction •Preserve Components for Reuse or Recycling •No Implosion or Wrecking Ball POST DEMOLITION (7/1/19 – 8/7/19): •Backfilling •Compaction •Sodding HARBORVIEW DEMOLITION UPDATE |7CITY OF CLEARWATER COMMUNICATION: •Council Presentation •Website and Social Media Updates •Distribute Demolition Presentation and Information COMMUNITY CELEBRATION (3/29/19): •Ceremonial Celebration •Coincides with Blast Friday •Indoor Activities at Second Century Studios •Call for Public Photos (photo@myclearwater.com) HARBORVIEW DEMOLITION UPDATE |8CITY OF CLEARWATER HARBORVIEW DEMOLITION UPDATE Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5701 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Authorize staff to solicit and select a consultant who will work in conjunction with internal and external stakeholders to enhance and update the City of Clearwater Cultural Plan. SUMMARY: The City of Clearwater has a strong history of partnering and supporting arts and culture in the community. Due to the economic downturn, the City of Clearwater lost significant pieces of supporting public art infrastructure. Community partners have indicated that they are seeking a higher level of engagement from the City of Clearwater. The Clearwater Cultural Plan was created in 2003 and last updated in 2011. Using her previous experience, CRA Director Amanda Thompson has developed an Arts Ecosystem Analysis for the City of Clearwater. Staff will be discussing the Arts Ecosystem analysis, including plans to reassign a full-time FTE to cultural affairs, and provide council with a timeline as we look to engage our internal and external partners to update our cultural plan. Existing general fund dollars or grant funding will be utilized to pay for the Cultural Plan update. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-0109211-548000, City Manager Other Operating to fund this cultural plan update. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/15/2019 ARTS ECOSYSTEM CITY OF CLEARWATER 2019 CURRENT TRENDS IN CITIES AND THE ARTS •Broader definition of “Art” to include cultural experiences and maker experiences •Decline in traditional “sit and watch” audience. Participation is required. •Decline in traditional institutions •Focused increase on earned income revenue streams •Increase in storytelling as a means to become more inclusive •Niche experiences, not broad appeal •More city involvement in non-traditional performance spaces ARTS ECOSYSTEM (INSTITUTIONS AND GRASSROOTS) Artists Presenters Advocates Education Funders Audiences DETERMINING THE HEALTH OF AN ECOSYSTEM •Weak systems have less examples with in each block (e.g. funders), minimal choices in artistic programming and few artists •Strong systems have a wide diversity of artistic experiences, artists, funders, programs etc. •The strongest systems support an artist or those who wish to engage in artistic experiences throughout their lifecycle (youth to old age, hobbyist to professional) •The strongest systems provide cultural experiences for all types of audiences at a variety of price points THE ARTS/CULTURE ECOSYSTEM IN CLEARWATER •Public Art & Design Board •Library Arts Programming and Maker Space •Parks and Recreation Programming (Sister Cities, Art Classes) •Creative Placemaking (CRA and Planning) •.05 staff person dedicated to the arts •Ruth Eckert Hall •Clearwater Marine Aquarium •Jazz Festival •Creative Pinellas (funder) •Historic Society •Frances Wilson Playhouse •Clearwater Arts Alliance •Pinellas Community Foundation •Various Festivals and Events •Churches QUICK SWOT ANALYSIS Community Interest Dedicated Facilities/Platforms Access to Artistic Talent Diverse mixture of mediums and facilities Opportunities to leverage existing strengths to generate economic development and community goodwill through cultural planning Platforms for experimentation Engage diverse audiences Define an artistic identify that is unique from surrounding areas Little to no coordination of arts programming Limited private funding Limited contact with the larger arts world Limited design/programming expertise Miss out on major community engagement and economic development trend Waste time and money Fail to build sustainable culture organizations Clearwater Arts Ecosystem 30 Days Name internal stakeholder committee to intiaite oppurtunities identified in SWOT anlaysis 60 Days Identify components Arts Ecosystem Develop RFP to update Clutural Affairs Strategic plan. Identify FTE for Cultural Affairs Coordinator 90 Days Select consultant for Cultural Affairs Master Plan Comsultant meets with internal and external stakeholders in developing strategic plan 180 Days Work toward completion of draft strategic plan to council. Hire Cultural Affairs Coordinator Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 19-04 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Finance Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Award a contract to SunTrust Equipment Finance and Leasing Corp. to provide a $36,650,000 line of credit to finance planned lease purchases of equipment acquired in the five fiscal years starting October 1, 2018, authorize the appropriate officials to execute the same and adopt Resolution 19-04. SUMMARY: The current agreement with Mears Motor Leasing expired September 31, 2018. The City solicited proposals (RFP 30-18) for lease purchase (installment sale) financing for the next five fiscal years (2019-2023). We received two responsive proposals, SunTrust Equipment Finance & Leasing Corp. and The Bancorp Bank/dba Mears Motor Leasing. The selection committee has reviewed these proposals comparing interest rates and terms. The committee determined the proposal offering the most advantageous combination of rates and terms for the City was submitted by SunTrust Equipment Finance & Leasing Corp. and recommends the Council approve the proposal submitted by SunTrust. The interest rates applicable to each draw will be determined by the following formulas based on the rates for three and five year Treasury Constant Maturity notes as published weekly in the Federal Reserve Statistical Release H.15. 3 Year Amortization Draws: 104.16% of the 3-Year Treasury Constant Maturity rate 5 Year Amortization Draws: 105.93% of the 5-Year Treasury Constant Maturity rate For example, if at the time of financing the 3-year CMT were 2.65%, the rate the City would be charged by SunTrust for a three year financing would be 2.76% (1.0416 X 2.65%). With the exception of items that have a three-year useful life such as computer hardware/software and police pursuit vehicles, lease purchases will be on a five-year amortization. The contract has a term of five years with the option for renewal as mutually agreed to by both parties. Approval of this item does not represent a commitment to borrow. Decisions to lease purchase specific items of equipment must be budgeted for and approved by Council. Page 1 City of Clearwater Printed on 2/15/2019 Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 10/2017 REQUEST FOR PROPOSALS #30-18 Lease Purchase Finance Services July 24, 2018 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, August 28, 2018 to provide Lease/Purchase Finance Services. Brief Description: The City of Clearwater invites proposals from financing sources to provide a line of credit for the city’s lease purchasing (installment sale) financing for a five (5) year term. Proposals 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. Proposal packets, any attachments and addenda are available for download at: https://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 Request for Proposals is issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager Alyce.Benge@myclearwater.com INSTRUCTIONS Lease/Purchase Finance Services 2 RFP #30-18 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 Purchasing Manager listed on Page 1. 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 solicitations 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 proposal. 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 proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: August 28, 2018 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted, and will record the names and other information specified by law and rule. All proposals 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 bid 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, proposals are available for inspection by contacting Purchasing. i.5 PROPOSAL FIRM TIME: 90 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. INSTRUCTIONS Lease/Purchase Finance Services 3 RFP #30-18 i.7 SUBMIT PROPOSALS 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 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; 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 proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer 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 proposer agrees to accept the time stamp in the City Purchasing Office as the official time. i.9 LOBBYING PROHIBITION. The purpose of this prohibition is to preserve the integrity of the procurement process. 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. This prohibition shall not apply to vendor-initiated 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 pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, 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, rejection of their response depending on the nature of the violation, and/or debarment of the proposer as provided in Clearwater’s Purchasing Policy and Procedures, Section 27. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 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 proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each INSTRUCTIONS Lease/Purchase Finance Services 4 RFP #30-18 proposal are required. Proposals, 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 proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal 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 proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal 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 proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer 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 proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer 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 Lease/Purchase Finance Services 5 RFP #30-18 i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR 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 this purpose, 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.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal 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 Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Purchasing Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of 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 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Lease/Purchase Finance Services 6 RFP #30-18 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer 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: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer 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 proposer’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 Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications 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. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (Response Elements, pg 21) Points Qualifications/Experience of Company and References (Tab 2) 25 Lease Purchase Process (Tab 3) 15 Proposed Interest Rate Schedule and Line of Credit Offered (Tab 4) 60 i.24 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.25 PRESENTATIONS/INTERVIEWS. The proposer must provide a formal presentation/interview on- site at a City location upon request. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals. Therefore, proposer should submit their best offer based on the terms and conditions set forth in this solicitation. INSTRUCTIONS – EVALUATION Lease/Purchase Finance Services 7 RFP #30-18 i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer 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 proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/bid to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: July 24, 2018 Advertise Tampa Bay Times: July 26, 2018 Responses due: August 28, 2018 Review proposals: August 29 – September 7, 2018 Interviews (if requested): week of September 17, 2018 Award recommendation: September 21, 2018 Council authorization: October 4, 2018 Contract begins: October, 2018 TERMS AND CONDITIONS Lease/Purchase Finance Services 8 RFP #30-18 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Lease/Purchase Finance Services 9 RFP #30-18 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Lease/Purchase Finance Services 10 RFP #30-18 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recoding of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. 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, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Lease/Purchase Finance Services 11 RFP #30-18 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (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. 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. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current TERMS AND CONDITIONS Lease/Purchase Finance Services 12 RFP #30-18 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Lease/Purchase Finance Services 13 RFP #30-18 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or TERMS AND CONDITIONS Lease/Purchase Finance Services 14 RFP #30-18 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without TERMS AND CONDITIONS Lease/Purchase Finance Services 15 RFP #30-18 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Department and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Purchasing Department for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may TERMS AND CONDITIONS Lease/Purchase Finance Services 16 RFP #30-18 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Lease/Purchase Finance Services 17 RFP #30-18 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach has been rated #1 U.S. Beach by TripAdvisor, “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures” Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. SCOPE OF WORK. The City of Clearwater (City) requests proposals from responsible financing sources to provide a line of credit for the City’s lease purchasing (installment sale) financing for a five (5) year term. The major category of items being lease purchased is vehicles, secondary categories include computers, software, and miscellaneous equipment (i.e. generators, chillers, etc.). Estimated lease purchases for the next five (5) fiscal years: Fiscal Year Vehicles Computers Equipment Total 2018-19 $7,300,000 $300,000 $700,000 $8,300,000 2019-20 $6,500,000 $300,000 $100,000 $6,900,000 2020-21 $6,550,000 $350,000 $150,000 $7,050,000 2021-22 $6,700,000 $350,000 $100,000 $7,150,000 2022-23 $6,800,000 $350,000 $100,000 $7,250,000 INTEREST RATE: a pre-determined percentage of the most current weekly average rate for the three (3) and five (5) year Treasury Constant Maturities (CMT), as published every Monday in Federal Reserve Statistical Release H.15. TERM OF EACH PURCHASE: each purchase will be as a draw for a three (3) or five (5) year lease purchase (installment sale) contract. The length of the term is determined by the estimated useful life of the items being lease purchased. WRITTEN CONTRACT: a master contract will be executed with the City and each draw (purchase) will fall under the master contract. TAXABLE STATUS OF LEASE PURCHASES: the City makes no declaration as to the tax status of the lease purchases and whether the lease purchases are bank qualified. Each bidder is responsible for such determination and will bear all costs associated with same. If requested, the City will cooperate with the process and provide all information that is readily available. FIVE (5) YEAR HISTORICAL LEASE PURCHASE DETAILS: Fiscal Year Total Number of Draws 2017-18 $6,423,683 Two (2) 2016-17 $10,046,735 Three (3) 2015-16 $9,099,042 Three (3) 2014-15 $8,470,607 Three (3) 2013-14 $4,201,685 Two (2) 3. MINIMUM QUALIFICATIONS. Companies responding to this RFP will explain their experience and qualifications related to financing lease purchases. A minimum of three (3) customer references are required, preferably from municipalities. DETAILED SPECIFICATIONS Lease/Purchase Finance Services 18 RFP #30-18 4. INSURANCE REQUIREMENTS. The Vendor 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 Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, 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. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two 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 the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) 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. c. Crime and Employee Dishonesty coverage, to include fidelity insurance for reimbursement to an employer/client for these types of losses. Third-party fidelity coverage is also required to cover the acts of an employee against an employer's clients. Please provide coverage using ISO form CR 00 01 Employee Dishonesty Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients’ Property or its equivalent and ISO endorsement CR 20 14 Loss Payable or its equivalent. d. Unless waived by the State of Florida and proof of waiver is provided to the City, 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 $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. DETAILED SPECIFICATIONS Lease/Purchase Finance Services 19 RFP #30-18 The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department, RFP #30-18 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor 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 City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Lease/Purchase Finance Services 20 RFP #30-18 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. October 2018 through September 2023. 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. 2. 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. 3. PRICES. Rates shall be calculated as set forth in the RFP Response Form. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. RESPONSE ELEMENTS Lease/Purchase Finance Services 21 RFP #30-18 1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, three (3) copies of the proposal, and one (1) electronic format copy on a disc or thumb drive, in a sealed container/envelope. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the City’s requirements. 2. A positive commitment to perform the service during the contract term specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City. TAB 2 – Qualifications and Experience. The following information should be included in a statement of qualifications, abilities, experience and expertise in providing the requested services: 1. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required contract term, provide appropriate staffing, provide necessary resources, and show a history of demonstrated competence. 2. References – A minimum of three (3) references, preferably from other public entities, for whom you have provided similar services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. TAB 3 – Lease Purchase Process. Clearly explain the lease purchase process. Include items eligible to be lease purchased, what documents and paperwork the City needs to provide for each item being lease purchased, the turnaround time for a lease purchase draw, any additional relevant information related to a draw, and the requirements (or limitations) in requesting a line of credit increase. TAB 4 - Rates Proposal Form, (Attachment A). The cost portion of the proposal should include the following elements: 1. Completed and signed Rates Proposal Form – Attachment A. 2. A listing of any and all additional charges not specifically identified on the Form. TAB 5 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Offer and Acceptance form 4. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Lease/Purchase Finance Services 22 RFP #30-18 Proposers shall indicate any and all exceptions taken to the provisions or specifications 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 Proposal 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 proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Lease/Purchase Finance Services 23 RFP #30-18 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 proposal: 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: VENDOR CERTIFICATION OF OFFER Lease/Purchase Finance Services 24 RFP #30-18 By signing and submitting this Proposal, the Vendor 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) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) 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. f) 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. g) 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. h) 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. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or 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 Lease/Purchase Finance Services 25 RFP #30-18 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #30-18, Lease Purchase Finance Services Due Date: August 28, 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 PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #30-18, Lease Purchase Finance Services Due Date: August 28, 2018, at 10:00 A.M. City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ 1 Resolution No. 19-04 RESOLUTION NO. 19-04 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING THE CITY’S INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX- EXEMPT FINANCING; PROVIDE CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to acquire certain items of equipment during the 2018-2019, 2019-2020, 2020-2021, 2021-2022, and 2022- 2023 fiscal years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the acquisition of equipment as set forth in the Issuer’s 2018-2019, 2019-2020, 2020-2021, 2021- 2022, and 2022-2023 fiscal year budgets, as amended and supplemented from time to time (the “Project”). The Issuer intends on acquiring each item of equipment constituting a portion of the Project with funds then on deposit in the Issuer’s bank account and within a reasonable time thereafter refinancing such purchases within lease purchase financing with SunTrust Equipment Finance & Leasing Corp. pursuant to a master lease purchase agreement. It is not reasonably expected that the total amount of the Project will exceed $36,650,000. This Resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITY. If any one or more of the provisions of this Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision herein and the remaining provisions shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. 2 Resolution No. 19-04 SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption _______ day of February 2019. ______________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________ ______________________________ Pamela K. Akin Rosemarie E. Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5669 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the installation of an underground natural gas main in the CSX right-of-way and authorize the appropriate officials to execute same. (consent) SUMMARY: In order to continue supplying natural gas service and maintain system reliability, Clearwater Gas System needs to replace a gas main, which crosses the CSX railroad right-of-way along NE Coachman in Clearwater, FL. This crossing will replace an existing main, as part of a road widening project. The proposed gas main will be a 6-inch diameter pipeline. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. A one-time Encroachment Fee of $500.00 will be paid upon execution of the Agreement. This Agreement also contains a Contractor Acceptance Rider that requires any contractor performing work within the CSX right-of-way, as part of this agreement, to provide $1,000,000 Workers Compensation & Employers Liability insurance; $5,000,000 Commercial General Liability coverage; Business automobile liability insurance of $1,000,000; and Railroad Protective Liability Insurance coverage of $5,000,000 per occurrence for bodily injury and property damage, with at least $10,000,000 aggregate limit per annual policy period. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 3237323 96365, Line Relocation Pinellas - Maintenance. Page 1 City of Clearwater Printed on 2/15/2019 AGREEMENT NO. CSX878985 Ø Page 1 of 15 ø FACILITY ENCROACHMENT AGREEMENT THIS AGREEMENT, made and effective as of December 19, 2018, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, FL by and through CLEARWATER GAS SYSTEM, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 400 North Myrtle Avenue, Clearwater, Florida 33755, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct (unless previously constructed and designated as existing herein), use and maintain the below described facility(ies), hereinafter called "Facilities," over, under or across property owned or controlled by Licensor, at the below described location(s): 1. One (1) four inch (4'') diameter sub-grade pipeline crossing, solely for the conveyance of natural gas, located at or near Clearwater, Pinellas County, Florida, Jacksonville Division, Clearwater Subdivision, Milepost SY-870.2, Latitude N27:58:38., Longitude W82:44:17.; hereinafter, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "A," attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Encroachment for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change the Facilities at the Encroachment above for the term herein stated, and to remove same upon termination. 1.2 The term Facilities, as used herein, shall include only those structures and ancillary facilities devoted exclusively to the transmission usage above within the Encroachment, and as shown on attached Exhibit A. AGREEMENT NO. CSX878985 Ø Page 2 of 15 ø 1.3 No additional structures or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Encroachment except upon prior separate written consent of Licensor. 2. ENCROACHMENT FEE; TERM: 2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of FIVE HUNDRED AND 00/100 U.S. DOLLARS ($500.00) upon execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall terminate as herein provided, but shall also terminate upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above; (b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to complete installation within five (5) years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or for any public works project of which said Facilities is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor (CSXT Specifications), or Licensee's particular industry, National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Encroachment. 3.2 Location and construction of Facilities shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's property and appurtenances thereto. 3.4 In the installation, maintenance, repair and/or removal of said Facilities, Licensee shall not use explosives of any type or perform or cause any blasting without the AGREEMENT NO. CSX878985 Ø Page 3 of 15 ø separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Facilities, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 All work on the Encroachment shall be conducted in accordance with Licensor's safety rules and regulations. 3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. 3.10 In the event it becomes necessary for the Licensee to deviate from the approved Exhibit, Licensee shall seek prior approval from Licensor, or when applicable, an official field representative of Licensor permitted to approve changes, authorizing the necessary field changes and Licensee shall provide Licensor with complete As-Built Drawings of the completed work. As-Built Drawings shall be submitted to Licensor in either electronic or hard copy form upon the substantial completion of the project and upon Licensor’s request. 3.11 In the event of large scale maintenance/construction work to railroad bridges Licensee is required to protect power lines with insulated covers or comparable safety devices at their costs during construction/maintenance for safety of railroad employees. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Encroachment for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) AGREEMENT NO. CSX878985 Ø Page 4 of 15 ø and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (State, Federal or Local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and State "One Call" - "Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) support track(s) and roadbed in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor may approve. 5.2 After construction or maintenance of the Facilities, Licensee shall: (A) Restore any track(s), roadbed and other disturbed property; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of any underground Facilities or related facilities. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or subjacent support in the Encroachment area for a period of three (3) years after completion of installation. 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event future use of Licensor's rail corridor or property necessitate any change of location, height or depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in the Facilities or Encroachment to accommodate such track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. AGREEMENT NO. CSX878985 Ø Page 5 of 15 ø 7. FACILITY CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of the Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the Facilities or change the Encroachment, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before such change. After approval, the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Facilities/Encroachment herein permitted may not presently interfere with Licensor's railroad or facilities, in the event that the operation, existence or maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference (including, but not limited to, physical or interference from an electromagnetic induction, or interference from stray or other currents) with Licensor's power lines, communication, signal or other wires, train control system, or electrical or electronic apparatus; or (b) interference in any manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Facilities or installation, as may be required in the reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 To the limits as set forth by State law (constitutional or statutory, as amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected AGREEMENT NO. CSX878985 Ø Page 6 of 15 ø with the construction, repair, maintenance, replacement, presence, existence, operations, use or removal of the Facilities or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when proven to have been caused solely by the willful misconduct or gross negligence of Licensor. 9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment, including loss of or any interference with use or service thereof, regardless of cause, including electrical field creation, fire or derailment resulting from rail operations. For this Section, the term "Licensee's Property" shall include property of third parties situated or placed upon Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the fullest extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area, arising from or in connection with the use of this Encroachment or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities leakage. 9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which in any way may result from Licensee's failure to maintain either required clearances for any overhead Facilities or the required depth and encasement for any underground Facilities, whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or joint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail corridor on which the Encroachment is located, and the officers, employees and agents of each. 9.6 If a claim is made or action is brought against Licensor, and/or its operating lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be notified to assume the handling or defense of such claim or action; but Licensor may participate in such handling or defense. 9.7 Notwithstanding anything contained herein to the contrary, Section 9 shall not be construed as a waiver of any immunity to which Licensee is entitled or the extent of any limitation of liability pursuant to Florida Statute 768.28. Furthermore, this section is not intended to nor shall it be interpreted as limiting or in any way affecting any defense Licensee may have under Florida Statute 768.28. AGREEMENT NO. CSX878985 Ø Page 7 of 15 ø 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of (i) Statutory Worker's Compensation and Employers Liability Insurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00). (ii) Commercial General Liability coverage (inclusive of contractual liability) with available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00)in combined single limits for bodily injury and property damage and covering the contractual liabilities assumed under this Agreement and naming Licensor, and/or its designee, as additional insured. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to RenewalCOI@csx.com. (iii) Business automobile liability insurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily injury and/or property damage per occurrence naming Licensor, and/or its designee, as additional insured. (iv) The insurance policies must contain a waiver of subrogation against CSXT and its Affiliates, except where prohibited by law. All insurance companies must be A. M. Best rated A- and Class VII or better. (v) Such other insurance as Licensor may reasonably require. (vi) Licensee shall require its contractors to meet minimum insurance requirements above when performing work in relation to this agreement. Licensee will procure and review contractor’s insurance certificates to confirm requirements are met. Licensor may request a copy of the insurance certificate. 10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. AGREEMENT NO. CSX878985 Ø Page 8 of 15 ø 10.3 Licensor, or its designee, may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's request shall be considered a default by Licensee. 10.4 To the extent permitted by law and without waiver of the sovereign immunity of Licensee, securing such insurance shall not limit Licensee's liability under this Agreement, but shall be security therefor. 10.5 (A) In the event Licensee finds it necessary to perform construction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b) require its contractor(s) performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, i) Railroad Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 04 13) with limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of such construction or demolition. Licensor reserves the right to demand higher limits. OR ii) The CGL policy shall include endorsement ISO CG 24 17 and the Auto Liability Policy shall include endorsement ISO CA 20 70 evidencing that coverage is provided for work within 50 feet of a railroad. If such endorsements are not included, RPL insurance must be provided. (B) At Licensor's option, in lieu of purchasing RPL insurance or the 50 foot endorsements from an insurance company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time of request, the cost of adding this Encroachment, or additional construction and/or demolition activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction. This coverage is offered at Licensor's discretion and may not be available under all circumstances. 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 11. GRADE CROSSINGS; PROTECTION SERVICES: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over the track(s), except at public road crossing(s), without separate prior written approval of Licensor. AGREEMENT NO. CSX878985 Ø Page 9 of 15 ø 11.2 If Licensor deems it advisable, during any construction, maintenance, repair, renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, or field construction managers for protection of operations of Licensor or others on Licensor's rail corridor at the Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. 12.2 Licensor's expense for wages ("force account" charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request an advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its discretion, require advance deposits for estimated costs of such expenses and costs. 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. AGREEMENT NO. CSX878985 Ø Page 10 of 15 ø 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Facility from the Encroachment. However, neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15.1 Licensee shall give Licensor at least thirty (30) days written notice before doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may be given. Licensee shall provide proper notification as follows: a. For non-emergencies, Licensee shall submit online via the CSX Property Portal from Licensor's web site, via web link: https://propertyportal.csx.com/pub_ps_res/ps_res/jsf/public/index.faces b. For emergencies, Licensee shall complete all of the steps outlined in Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee shall also call and report details of the emergency to Licensor's Rail Operations Emergency Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee concerning an emergency involving Licensee's Facility(ies), the emergency phone number for Licensee is: 727-638-0775. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Management, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery. AGREEMENT NO. CSX878985 Ø Page 11 of 15 ø 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the Encroachment, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 17. TITLE: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor, and all leases, licenses and easements or other interests previously granted to others therein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Encroachment is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use AGREEMENT NO. CSX878985 Ø Page 12 of 15 ø or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Rail Corridor that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon the Facilities placement, or the presence of the Facilities in, on or along any Encroachment(s), including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of the Facilities. 17.7 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of the Facilities in or on any portion of the Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances have been filed or docketed against the Encroachment or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. AGREEMENT NO. CSX878985 Ø Page 13 of 15 ø 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. 18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including attorney's fees) incurred by Licensor for collecting any amount due under the Agreement. 18.8 The provisions of this License are considered confidential and may not be disclosed to a third party without the consent of the other party(s), except: (a) as required by statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to Lessees of Licensor's land and/or track who are affected by the terms and conditions of this Agreement and will maintain the confidentiality of this Agreement. 18.9 Within thirty (30) days of an overpayment in a cumulative total amount of One Hundred Dollars ($100.00) or more by Licensee to Licensor, Licensee shall notify Licensor in writing with documentation evidencing such overpayment. Licensor shall refund the actual amount of Licensee’s overpayment within 120 days of Licensor’s verification of such overpayment. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] AGREEMENT NO. CSX878985 Ø Page 14 of 15 ø IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the effective date of this Agreement. Witness for Licensor: CSX TRANSPORTATION, INC. _______________________________ By:_________________________________________ Print/Type Name:_____________________________ Print/Type Title:______________________________ COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA by and through CLEARWATER GAS SYSTEM ____________________________ _____________________________ George N. Cretekos, Mayor William B. Horne II, City Manager APPROVED AS TO FORM: ATTEST: ____________________________ _____________________________ Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk AGREEMENT NO. CSX878985 Ø Page 15 of 15 ø STATE OF FLORIDA COUNTY OF ______________________ The foregoing instrument was acknowledged before me this _________ day of _________, 20__, 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:_____________________ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5717 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a Services Agreement and Purchase Order, in the annual amount of $200,000 with Heath Consultants, Inc., to provide Leak/Corrosion surveys and meter maintenance and authorize the appropriate officials to execute same. (consent) SUMMARY: Heath Consultants, Inc., located at 9030 Monroe Rd, Houston, TX, was the lowest and most responsive bidder for Invitation to Bid (ITB) #06-19. Clearwater Gas System (CGS) is requesting to use Heath Consultants to perform gas leak surveys and corrosion inspections on CGS's natural and propane gas distribution pipeline system. In addition, Heath will perform preventive maintenance (i.e., sanding and painting) on natural gas meters at various customer locations. The inspection and maintenance work are required by Title 49 Code of Federal Regulations, Section 192 (49CFR192) and our Chapter 25-12 of the FL Administrative Code. The Public Service Commission inspector verifies compliance on these items during the annual audit. Gas leak surveys consist of walking/riding along the gas distribution system to detect any natural gas/propane present in the air. These surveys must be conducted every year for the Business District and once every three years in Non-Business District locations. As part of the surveys, Heath will inspect customer gas meter sets to verify there is no visible corrosion. If any corrosion is present, they will perform the necessary maintenance based on the Price Schedule of the Agreement (Exhibit B). Heath was selected under Bid 06-19 (Surveys and Corrosion Prevention Services). The Agreement will be a three-year term. One-third of the Non-Business District locations will be performed each year, along with one-third of the Atmospheric Corrosion survey in Business Districts. The fixed price bid for this survey work is $200,000 per year. APPROPRIATION CODE AND AMOUNT: CGS has budgeted funds available in account codes 4232066-530300 (Pasco - Contractual Services) - $120,000, 4232173-530300 (Pinellas - Contractual Services) - $80,000. Page 1 City of Clearwater Printed on 2/15/2019 1 [GM18-2064-086/229508/1] SERVICES AGREEMENT (INDEPENDENT CONTRACTOR) This Services Agreement ("Agreement"), effective February ____, 2019 (“Effective Date”) is hereby entered into by the City of Clearwater d/b/a Clearwater Gas System, ("Client") and Heath Consultants Incorporated ("Contractor "). 1)SCOPE OF WORK/ORDER OF PRECEDENCE: The work to be performed by Contractor will be as set forth in the “Contract Documents” (defined below). The Contract Documents are complementary, what is required by one is as binding as if required by all; however, in case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in Order of Precedence as follows: (a) any Modification to this Agreement, (b) this Agreement, (c) Purchase Order(s), (d) Contractor’s Bid Response/Bid Tab, (e)the Invitation to Bid, (f) Standard Terms and Conditions, (g) any other documents specifically enumerated in the Agreement as part of the Contract Documents, all of which are incorporated herein by reference. Among categories of documents having the same order of precedence, the term or provision that includes the latest date shall control. Information identified in one Contract Document and not identified in another shall not be considered a conflict or inconsistency. Any exception(s) submitted by Contractor in its Bid Repsonse which are rejected/not incorporated into the Agreement with consent of Client shall have no binding effect. 2)PRICE /PAYMENT: Client will pay Contractor for work performed as set forth in Exhibit “B”, Price Schedule. Terms: Net 30. 3)RELATIONSHIP OF PARTIES: The parties intend that an independent contractor relationship will be created by this Agreement. Performance and control of the work will lie solely with Contractor. The Contractor is not to be considered an agent or employee of Client for any purpose. 4)CONTRACTOR'S EMPLOYEES QUALIFIED TO PERFORM THE WORK REQUIRED UNDER THIS AGREEMENT UNDER SUBPART N OF SECTION 192 OF THE FEDERAL PIPELINE SAFETY REGULATIONS /WARRANTIES Contractor warrants and represents that it has an Operator Qualification Program as required by Subpart N of Section 192 of the Federal Pipeline Safety Regulations and that the employees who will perform the Work required under this Agreement have been evaluated and are qualified to perform the tasks required under this Agreement. 5)INSURANCE TO BE SECURED: Contractor agrees to maintain such insurance acceptable to Client as set forth on Exhibit “C”, Insurance Requirements. 6)INDEMNIFICATION 1 2 [GM18-2064-086/229508/1] a.To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement, except as same may be caused by the City’s negligence.. b.Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the negligence of the City for which Contractor has not indemnified City hereunder. c.The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on Contractor’s negligence under this Agreement or use of Contractor-provided supplies or services. Client’s liability for torts shall be governed by Section 768.28, Florida Statutes. Contractor agrees that nothing contained herein shall be construed as a waiver of any sovereign immunity from or limitation of liability the Client may be entitled to under the doctrine of sovereign immunity, or Section 768.28, Florida Statutes. Furthermore, this provision is not intended to, nor shall it be interpreted as, limiting or in any way affecting any defenses the Client may have under Section 768.28, Florida Statutes or as consent to be sued by third parties. Contractor agrees that the Client reserves the right to appoint legal counsel for any and all claims against the Client that may arise related to this Agreement or work performed under this Agreement/Contract. This indemnification obligation shall survive the expiration or termination of the Agreement. Subject to Section 768.28, Florida Statutes, this indemnification obligation shall extend to all costs, expenses and damages arising from any infringement, misappropriation or claim of infringement or misappropriation of any process, product, apparatus or combination patent resulting from the use of any designs or other information furnished by the other party and incorporated in the Work or Ancillary Work. 7)COMPLIANCE WITH LAW AND SAFETY REQUIREMENTS: All Work will be performed in accordance with the Federal Pipeline Safety Regulations, NFPA 58 and all applicable propane and pipeline industry safety practices and standards, and in accordance with federal, state and local statutes, rules regulations and ordinances. 8)DURATION/RENEWALICANCELLATION: This Agreement shall be effective upon execution by both parties hereto and shall expire on December 31, 2021 (“Term”), unless terminated in accordance with other provisions herein. Client or Contractor 3 [GM18-2064-086/229508/1] may cancel the Agreement upon thirty (30) days advance written notice. In the event this Agreement is terminated under the foregoing provision, Client shall pay Contractor any amounts due for Work performed by Contractor and/or materials or supplies ordered, delivered, and accepted by client prior to the date that the termination notice is provided to the non-terminating party. 9)CONFIDENTIALITY: Subject to applicable law, including but not limited to Chapter 119, Florida Statutes, Contractor will not disclose to third parties any information concerning its work for Client, including , but not limited to, confidential or trade secret information or information regarding Client's customers or potential customers, business and marketing plans , customer lists, credit information , gas usage patterns, pricing and marketing policies and practices, financial information and other operating policies and procedures. Contractor understands that if it violates this Agreement, Client will suffer irreparable harm. Therefore, in addition to any other remedies available to it, Client will be entitled to seek and obtain injunctive or equitable relief, including orders prohibiting violations of this Agreement. Subject to applicable law, including but not limited to Chapter 119, Florida Statutes, Client will not disclose to third parties any information concerning its work with Contractor , including , but not limited to, confidential or trade secret information or information, business and marketing plans, customer lists, credit information , pricing and marketing policies and practices , financial information and other operating policies and procedures . Client understands that if it violates this Agreement , Contractor will suffer irreparable harm. Therefore, in addition to any other remedies available to it, Contractor will be entitled to seek and obtain injunctive or equitable relief, including orders prohibiting violations of this agreement. Contractor understands that Florida has very broad public records law, therefore, notwithstanding the above, agrees to release any and all records as required by law. 10)MISCELLANEOUS: (a)Waiver. Neither the failure nor any delay on the part of either party to exercise any right , remedy , power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right , remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy , power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. (b)Binding Nature of Agreement. This Agreement shall be binding upon and inure to the benefit of Client and its successors and assigns and shall be binding upon and inure to the benefit of Contractor, its successors and assigns. (c)Provisions Separable. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 4 [GM18-2064-086/229508/1] (d)Entire Agreement. This Agreement contains the entire understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written , except as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing. (e)Paragraph Headings – The paragraph headings in this Agreement are for convenience only; they form no part of this Agreement and shall not affect its interpretation. (f)Gender, Etc. – Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural , and any other gender, masculine , feminine or neuter , as the context indicates is appropriate. (g)Number of Days – In computing the number of days for purposes of this Agreement, all days shall be counted, including Saturdays, Sundays and holidays; provided, however, that if the final day of any time period falls on a Saturday, Sunday or holiday on which federal banks are or may elect to be closed, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or holiday. (h)This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes and all of which shall be deemed collectively to be one agreement. The parties agree that execution of this Agreement by a party and the delivery of such party's signature by mail, facsimile transmission, or electronic (e-mail) transmission shall be fully effective as the original signature of such party to the fullest extent as if it were the original copy thereof. (i)This Agreement shall be governed and interpreted in accordance with the laws of the State of Florida. Venue of any dispute shall lie in Pinellas County, Florida. 11)FORCE MAJEURE Neither party hereto shall be liable for any failure to perform the terms of this Agreement when such a failure is due to "force majeure" as hereinafter defined. The term "force majeure" as used in this Agreement shall mean any delay or default in performance due to any cause beyond the control of the party claiming force majeure and without such party's fault or negligence , including but not restricted to acts of God or the public , civil disturbances, arrests and restraints by rulers and people; acts of the public enemy, wars, riots, insurrections , sabotage; acts, requests or interruptions of the federal , state or local government or any agency thereof; court orders, present and future valid orders of any governmental authority, or nay officer, agency or any instrumentality thereof; floods, fires, storms, epidemics , landslides, lightning, earthquakes , washouts, explosions , quarantine, strikes, lockouts, or industrial disturbances; interruption of transportation, freight embargos or delays in delivery of equipment or service necessary to the performance of any provision of this Agreement ; inability to secure right of way, labor shortages, breakage or accident to machinery or lines of pipe , or any other cause, whether of the kind herein enumerated or otherwise , not reasonable within the control of the party claiming force majeure. Nothing contained in this section, however, shall be construed to require either party to settle a labor dispute against its will. 5 [GM18-2064-086/229508/1] If as a result of force majeure wither party is unable , wholly or in part, to carry out its obligation under this Agreement , other than the obligation to make payment of money due, then, upon such party's giving notice and a description of such cause in writing to the other party as soon as possible after the occurrence of the cause, the obligation of the party giving such notice, so far as it is affected by the cause specified in such notice, shall be suspended for the duration of the cause. Such cause shall, as far as possible, be remedied with all reasonable dispatch. 12)NOTICES All notices , except verbal or email notices with respect to minor questions, shall be in writing and shall be delivered by United States first class mail, postage prepaid, personal delivery, facsimile (with printed confirmation) , electronic transmission (e-mail) or nationally recognized overnight carrier to the appropriate party using the following respective addresses: For Client: Clearwater Gas System: 400 N. Myrtle Ave Clearwater, FL 33755 Attention: Bob Jaeger, Operations Coordinator 727-562-4900 (ext. 7438) Email: Bob.Jaeger@Clearwatergas.com For Contractor: Heath Consultants Incorporated 9030 Monroe Road Houston, Texas 77061 Attention: Ken Cowher, Vice President-SBU Operations Phone: 724-640-0655 Email: K.Cowher@heathus.com All notices shall be effective on the party addressee from the time received by such party. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown beneath their signatures. HEATH CONSULTANTS INCORPORATED By: WITNESS : _ Name: (Print) Title: (Print) Thereunto duly authorized Date: _____________________ Ken Cowher VP of Operations 01/25/19 6 [GM18-2064-086/229508/1] Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk [GM18-2064-086/229508/1] EXHIBIT A SCOPE OF WORK Conduct a Gas System Leak Survey, an Atmospheric Corrosion Survey, and Atmospheric Corrosion Prevention Coating Services. Additional documents pertaining to details attached herein. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Surveys and Corrosion Prevention Coating 7 ITB #06-19 STANDARD TERMS AND CONDITIONS S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified Surveys and Corrosion Prevention Coating 8 ITB #06-19 STANDARD TERMS AND CONDITIONS in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. Surveys and Corrosion Prevention Coating 9 ITB #06-19 STANDARD TERMS AND CONDITIONS S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. 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, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Surveys and Corrosion Prevention Coating 10 ITB #06-19 STANDARD TERMS AND CONDITIONS contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (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. 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. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition and upon written notice, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. Surveys and Corrosion Prevention Coating 11 ITB #06-19 STANDARD TERMS AND CONDITIONS S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to Surveys and Corrosion Prevention Coating 12 ITB #06-19 STANDARD TERMS AND CONDITIONS cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received the Contractor’s properly prepared final invoice which shall not exceed 30 days from the notice of termination of this Agreement. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement, except as same may be caused by the City’s negligence.. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the negligence of the City for which Contractor has not indemnified City hereunder. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on Contractor’s negligence under this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Surveys and Corrosion Prevention Coating 13 ITB #06-19 STANDARD TERMS AND CONDITIONS Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be Surveys and Corrosion Prevention Coating 14 ITB #06-19 STANDARD TERMS AND CONDITIONS provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. Surveys and Corrosion Prevention Coating 15 ITB #06-19 STANDARD TERMS AND CONDITIONS S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile or email. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier, email or facsimile, receipt will be deemed effective upon receipt. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. Surveys and Corrosion Prevention Coating 16 ITB #06-19 STANDARD TERMS AND CONDITIONS S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. Surveys and Corrosion Prevention Coating 17 ITB #06-19 DETAILED SPECIFICATIONS 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures” Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. Clearwater Gas System (CGS) is owned and operated as an enterprise natural gas utility by the City of Clearwater. It currently has over 950 miles of underground gas main and handles the supply and distribution of both natural and propane (LP) gas throughout Northern Pinellas County and Western Pasco County. As a mid-size utility company serving more than 24,500 customers, CGS is recognized as a leader in the natural and propane gas industry. CGS is regulated for safety by the Florida Public Service Commission and the Federal Pipeline Hazardous Material Safety Administration. Since 1923, CGS has provided clean, safe, reliable, economical gas service to the Florida Suncoast Community which it is privileged to serve. CGS prides itself in being a competitive and public service-minded utility provider 3. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids to perform gas system leak surveys, atmospheric corrosion surveys, and atmospheric corrosion prevention coating of gas meters at customer locations for the Clearwater Gas System (CGS). All inspections & maintenance work shall be done in accordance with Part 192 (Transportation of Natural and Other Gas by Pipeline) Code of Federal Regulations and Chapter 25-12 of the FL Administrative Code (Safety of Gas Transportation by Pipeline). Atmospheric Corrosion surveys will be conducted over three (3) years. In addition, “Outside Business District” leak surveys will be separated into three (3) sections and will be conducted over three (3) years. 100% of the “Inside Business District” survey locations will be completed each subsequent year, as required by Federal and State code. Performance of a walking leak and atmospheric corrosion survey of the Inside Business District (commercial) areas and all places where the public is known to congregate frequently, where natural gas is serving the property or the gas main is in close proximity. This consists of approximately 950 miles of main and residential, of which approximately 98 miles are inside the business district in Pinellas County and approximately 35 miles of main are inside the business district in Pasco County. Performance of a walking leak and atmospheric corrosion survey of approximately ±24,500 residential and commercial gas services in Pinellas County and Pasco Counties. Walking leak and atmospheric corrosion surveys shall additionally encompass seven (7) individual LP gas underground distribution systems, to include applicable piping, and 70 independent LP gas service accounts. All natural gas surveys will be completed with industry approved/accepted flame ionization detection equipment (FID) or Remote Methane Leak Detector (RMLD) and all leaks will be classified with an approved and calibrated Combustible Gas Indicator (CGI). Propane gas surveys will be completed by bar hole and CGI method only. Atmospheric Corrosion Survey includes all pipeline facilities used in the transportation of gas, including, but not limited to, metallic line pipe, valves and other appurtenances connected to line pipe, fabricated assemblies, and residential, commercial and metering stations. Metallic gas pipeline distribution systems or portions thereof, are subject to atmospheric corrosion or moisture penetration and retention, shall be inspected to assure detection of corrosion before detrimental damage occurs. Easement and backyard mains/services will only be completed via a walking survey. Estimated completion time for initial surveys shall be nine (9) months from start date of the contract. All surveys are to be completed during the CGS operational hours of 7:00 A.M. to 3:30 P.M., Monday Surveys and Corrosion Prevention Coating 18 ITB #06-19 DETAILED SPECIFICATIONS through Friday. A daily work schedule shall be sent to the Clearwater Gas Dispatch and Operations Coordinator. Any work performed outside this specified timeframe will need to be pre-approved by CGS’ Operations Coordinator. CGS will provide all pertinent plain view mapping and service address listings work orders. A letter of identification or magnetic vehicle signs will be issued to the survey team. Survey technicians’ completed paperwork will be submitted on a daily basis, to include: all streets and congregate areas surveyed, inclusive of all addresses of service lines surveyed and daily miles of main surveyed in both commercial and residential districts. Each leak and atmospheric corrosion location sited will be clearly marked with yellow paint, to be provided by CGS. The survey technicians will record gas-to-air percentage readings of all leaks encountered. The survey technicians will classify all leaks and atmospheric corrosion located as Class 1, Class 2, or Class 3, with an approved/documented, calibrated CGI. A CGS approved leak and atmospheric corrosion report will be completed by the survey technicians for each leak located on a daily basis. All daily survey activities shall be documented, and main line leak location plotted with GPS coordinates and provided on the daily report. Instrument calibration shall be performed daily and documented. The gas survey technicians shall remain on site of all Class 1 leaks and atmospheric corrosion locations until relieved by CGS responders. Consideration shall be given to life safety including establishing a hot zone and necessary evacuations. Gas survey technicians will be Operator Qualification Certified per Code of Federal Regulations (CFR) 49 part 192.801, 192.803, 192.805, 192.807, and 192.809. Proof of training, experience and certification will be provided with the bid, and prior to any new technician(s) being added to the crew performing the resulting contract work. Reference ATTACHMENT A for Survey Procedures Reference ATTACHMENT B for Atmospheric Corrosion Prevention Coating Application The following maps contain the survey areas and mileage per year to be surveyed. Access the maps via the City’s FTP site: ftp://ftpserver.myclearwater.com Username = vendor Password = clearwater (lower case 'c') Directory: Purchasing File: ITB 06-19 Surveys and Corrosion Prevention Coating Services • Pasco County Leak Survey Map • Pinellas County North Area Leak Survey Map • Pinellas County South Area Leak Survey Map ➢ Approximate miles of distribution mains in the system: 950 + ➢ Approximate number of natural gas service lines in the system: 24,500 + ➢ Approximate miles of jurisdiction system LP distribution mains: 2.5 ➢ Approximate number of jurisdictional system LP gas service lines in the system: 122 4. SPECIFICATIONS. The bid shall include the detailed description of the following: ➢ Leak survey equipment device(s) to be used ➢ Tablet/compatible computer device to be used to communicate with CGS ➢ Survey procedures/methods to be used and general scope of work ➢ Anticipated work hours per section ➢ Price estimate per day/week for complete services ➢ Qualifications to perform work/work history ➢ Personnel to be used with Operation Qualifications records Surveys and Corrosion Prevention Coating 19 ITB #06-19 DETAILED SPECIFICATIONS 5. MINIMUM QUALIFICATIONS. Personnel Qualifications: All personnel performing surveys will have a minimum of two (2) years documented experience performing mobile and walking gas leakage surveys. Resumes and references to be provided in bid. ➢ All personnel will be current Operator Qualified (OQ) ➢ OQ documentation provided prior to bid award ➢ OQ documentation provided prior to any personnel changes ➢ All personnel subject to DOT Drug & Alcohol testing per 49 CFR Part 199 ➢ Vendor Drug & Alcohol program documentation required with bid ➢ Quarterly PHMSA Drug & Alcohol Statistical reports shall be provided ➢ Drug & Alcohol documentation provided prior to any personnel changes ➢ CGS will be notified immediately of any failures and discoveries of Abnormal Operating Conditions (AOC’s) ➢ Annual PHMSA report will be provided to CGS providing test results for 49 CFR Parts 199.119 and 199.229 Equipment Requirements: ➢ A dependable cellphone ➢ Android tablet/computer including a camera or a Digital camera for quality pictures ➢ Flame Ionization (FI) Unit ‐ Bascom Turner Gas Rover with GPS or equivalent ➢ Combustible Gas Indicator (CGI) unit ‐ Bascom Turner Gas Rover with GPS or equivalent ➢ Remote Methane Leak Detector (RMLD) - Heath Consultants- Tunable Diode Laser Absorption Spectroscopy (TDLAS) ➢ Global Positioning System (GPS) unit ‐ Bascom Turner Gas Rover with GPS or equivalent ➢ All GPS/GIS data must meet the following requirements: • Data must be delivered in an ESRI compatible format • GPS locations collected at sub‐m eter accuracy • Data delivered in State Plane NAD 83 horizontal datum 6. INSURANCE REQUIREMENTS. The Contractor 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: a. Commercial General Liability Insurance coverage including but not limited to, premises operations, products/completed operations, products liability, contractual liability, personal injury and advertising injury in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate, and $2,000,000 (two million dollars) products/completed operation aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) Surveys and Corrosion Prevention Coating 20 ITB #06-19 DETAILED SPECIFICATIONS 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. Professional Liability/Malpractice/Errors or Omissions 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. e. 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 Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition when requested in writing from the City, Vendor 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 Department, ITB #06-19 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor 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 City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. Surveys and Corrosion Prevention Coating 21 ITB #06-19 MILESTONES 1. BEGINNING AND END DATE OF INITIAL TERM. January 2019 through December 2021. 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. 2. 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. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. One (1) year renewal possible at the City’s option. 4. PRICES. Pricing shall be firm for the initial term of two (2) years; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. 1 Attachment A ITB #06-19 – Survey Procedures WALKING GAS MAIN/SERVICE LINE SURVEY PROCEDURE This procedure outlines the walking survey of all non-paved/ non traffic right-of-ways, meters, regulator stations, bridge waterway crossings and related gas equipment. Use Flame Ionization (FI), Remote Methane Leak Detector, and Combustible Gas Indicator (CGI) on all above ground gas carrier piping and gas equipment. Use Flame Ionization or Remote Methane Leak Detector as much as possible and visual for the remainder. Document river/creek & waterway crossings Document all atmospheric corrosion and any other abnormal operating conditions Document survey route using logs and addresses of meter sites surveyed and or GPS tracking; daily with weekly summary Document and classify leaks: o GPS bar-hole locations o Bar-hole all 4 directions until 0% gas found o Classify leaks per CGS- O&M manual per the FAC 25-12 Notify CGS Gas Dispatch immediately of all Class 1 leaks by phone as they are found and stand by until relieved by CGS responder. Consideration shall be given to life safety including establishing a hot zone and necessary evacuations. Notify CGS support staff of all Class 2 & 3 leaks in a weekly summary report Verify and provide documentation of all missing mains/service lines not plotted on leak survey map and then resurvey Provide a bi-weekly report which includes the following: o GIS map of all mains & service lines surveyed o All leak reports with quality digital pictures o Atmospheric corrosion with quality digital pictures and any other abnormal operating conditions o Congregate buildings and areas surveyed o River/creek & waterway crossing surveys o List of any buildings that have inside meter set that could not be surveyed 2 Attachment A ITB #06-19 – Survey Procedures ATMOSPHERIC CORROSION SURVEY DETAILS AND PROCEDURE 1. The CGS natural gas distribution system includes all pipeline facilities used in the transportation of gas, including, but not limited to, metallic line pipe, valves and other appurtenances connected to line pipe, fabricated assemblies, and residential, commercial & metering stations. 2. Metallic gas pipeline distribution systems or portions thereof, are subject to atmospheric corrosion or moisture penetration and retention, shall be inspected to assure detection of corrosion before detrimental damage Atmospheric Corrosion shall be classified using the following classifications: Severe Atmospheric Corrosion (Class 1) – A condition in which severe metal loss creates concern for the integrity of the pipe or structural component; requiring singular, multiple piping or component replacements, including connections to line pipe, fabricated assemblies or the entire commercial or residential meter installation requires rebuilding Slight Atmospheric Corrosion (Class 2) – A condition in which pitting or scaling is beginning to take place on a singular, multiple piping or component replacements, including connections to line pipe, fabricated assemblies or the entire commercial or residential meter installation requires rebuilding. Scraping the pipe or components, washing and repainting would correct the surface corrosion issue Mild Atmospheric Corrosion (Class 3) – Minimal or no corrosion where the service will be fine for an additional survey cycle of three (3) years. 3. The gas facilities’ operating history, future anticipated operating conditions, evidence of possible corrosion found during routine observations, and actual inspection results shall be considered when establishing inspection frequencies in addition to the required established PHMSA and PSC timelines, frequency will increase in know corrosive environments. 4. Inspection for atmospheric corrosion shall include, but not be limited to, areas such as all above ground piping between pipe and pipe supports, gas risers and meter sets, piping at pipe penetrations of building walls, special attention shall be given to piping at ground level at the soil air interface and any thermally insulated meter piping. The CGS natural gas system includes all pipeline facilities used in the transportation of gas, including but not limited to metallic line pipe, and residential, commercial and metering stations 5. At three (3) year intervals, check the condition of wear pads, supports or sleeves, and risers to confirm continued protection of the pipe, especially in areas conducive to corrosion. Such areas would typically be those where moisture including and salt and reclaimed water spray is present on the pipe due to reasons other than normal precipitation. The results of inspections, geographic location, and pipe environment will be used to determine any additional appropriate continuing inspection level. 6. Corrosion, leaks, and defects may be safety related conditions. All Class 1 leaks shall be reported immediately. Refer to the Reporting of Safety Related Conditions procedure. All areas surveyed will be submitted daily with a bi-weekly summary. All areas of active corrosion will be photographed with a digital camera producing high quality pictures. Attachment A ITB #06-19 – Survey Procedures 3 7. CGS has previously cleaned and coated each pipeline or portion of pipeline that is exposed to the atmosphere. However, operator does NOT have to clean and coat the pipeline if the operator can demonstrate by test, investigation, or experience appropriate to the environment that corrosion will: Only be a light surface oxide; OR Will not affect the safe operation of the pipeline before the next scheduled inspection. SURVEY PROCEDURE Inspect all aboveground onshore piping every three (3) calendar years. During inspections, particular attention must be given to soil-to-air interfaces, under thermal insulation, under disbanded coatings, at pipe supports, in corrosive splash zones, at deck penetrations, at ground level and in spans over waterways The primary method of inspection is visual. Further non-destructive testing (NDT) techniques (such as ultrasonic thickness measurements, pit depth gauge readings, radiography, etc.) may be implemented by CGS if visual evidence of corrosion damage or other conditions warrant. (See Section h) CGS has instituted and maintains a continuing program of painting based upon results of the external inspection program. Inspect the transition zone (soil to air interface) of pipe entering the ground to confirm it is properly coated whereby penetration of moisture between the pipe and coating is prevented. Whenever a condition is observed where moisture may be retained between the coating and pipe, remove the coating, inspect the pipe, and evaluate severity of corrosion if present classify and notify CGS on atmospheric corrosion survey report, provide high quality digital pictures For any thermally insulated systems, visual inspection of the external jacket to ensure its integrity against moisture intrusion under the jacket is usually sufficient; if the integrity of the external jacket has been breached and liquid water may be present against the carrier pipe surface, additional inspection techniques may be required to detect possible corrosion. Areas where liquid water may accumulate or be trapped against the outside of the pipeline may require special attention. Caulks, mastics or other sealants should be used to prevent water accumulation at these sites. Notify on atmospheric survey report, provide high quality digital pictures Repairs and preventive maintenance actions necessitated by these inspections shall be completed prior to the next inspection. In cases where pipe wall loss exceeds 10% of the nominal new pipe wall thickness, Corrosion supervisor shall take prompt remedial action/or recommend pipeline repair requirements, provide high quality digital pictures. Attachment A ITB #06-19 – Survey Procedures 4 References for determining the remaining strength of a pipeline are: 1) ASME/ANSI B31G (49CFR192 currently referenced edition), “Manual for Determining the Remaining Strength of Corroded Pipelines.” 2) AGA Pipeline Research Committee, Project PR-3-805, “A Modified Criterion for Evaluating the Remaining Strength of Corroded Pipe”(49CFR192 currently referenced edition). If atmospheric corrosion is found during an inspection, the operator CGS must provide protection against the corrosion as required by 192.479 (cleaning and coating). RECORDS Complete the CGS atmospheric survey form to document the location inspected and the extent of external corrosion on aboveground facilities, provide quality digital pictures Complete the CGS Pipeline Maintenance and Surveillance Forms whenever external corrosion is identified and a repair or a preventive maintenance action, other than painting, is required. Provide quality digital pictures Maintain the above records for the life of the facility. All Gas Survey Technicians will be Operator Qualification certified per Code of Federal Regulations 49 CFR, Sections 192.479, 192.481, 192.485, 192.491, 192.605, 192.613 and 192.709. Proof of Training, experience and Operator Qualification will be provided to Clearwater Gas System BID PRICING Surveys and Corrosion Prevention Coating 22 ITB #06-19 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Surveys and Corrosion Prevention Coating Services to the City of Clearwater at the price(s) stated below. Year One Year Two Year Three Business District – Gas Leak Survey Percentage of district to be surveyed/year $_________ 100% $_________ 100% $_________ 100% Business District –Atmospheric Corrosion Survey Percentage of district to be surveyed/year $_________ ѿ $_________ ѿ $_________ ѿ Outside Business District – Gas Leak Survey Percentage of district to be surveyed/year $_________ ѿ $_________ ѿ $_________ ѿ Outside Business District – Atmospheric Corrosion Survey Percentage of district to be surveyed/year $_________ ѿ $_________ ѿ $_________ ѿ TOTAL ANNUAL COST FOR SURVEYS TO BE PERFORMED $_________ $________ $_________ Atmospheric Corrosion Prevention Work – Pricing for Years One and Two Coating services (including all labor, misc. materials, equipment, etc.)$__________/meter Miscellaneous work $__________/hour PAYMENT TERMS Select one choice of payment terms: Net 30, City of Clearwater’s standard payment terms 2%15, Net 30 _____%10, Net 30 (identify discount not less than 3%) Procurement card (Bank of America Visa card): o Credit processing fees apply o Invoices under $2,500 paid by department Vendor: _________________________________________ Date: _______________________________ ; +HDWK&RQVXOWDQWV,QFRUSRUDWHG Exhibit "B" 07/25/2018 Insgroup, Inc. 5151 San Felipe, 24th Floor Houston TX 77056 Linda Fontenot (713) 541-7272 (713) 772-5224 lfontenot@insgroup.net Heath Consultants Inc. 9030 Monroe Road Houston TX 77061 Starr Indemnity & Liability Company 38318 Indian Harbor Insurance Company 36940 CL1872390521 A 1000090437181 07/30/2018 07/30/2019 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 A 1000198851181 07/30/2018 07/30/2019 1,000,000 A 1000095274181 07/30/2018 07/30/2019 10,000,000 10,000,000 B Pollution LiabilityProfessional Liability US00085663LI18A 07/30/2018 07/30/2019 Aggregate/Each Claim $10,000,000 Aggregate/Each Claim $10,000,000 The General Liability policy includes a blanket additional insured endorsement OG184 0412 and waiver of subrogation endorsement CG2404 0509 policy contains a special endorsement with the primary and non-contributory wording per endorsement CG2001 0413 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Contractual Liability coverage provided by the policy is standard and may not cover all liabilities assumed by the named insured under the contract with the certificate holder endorsement CG0001 0413. Policy include a blanket 30 day notice of cancellation endorsement SIIL 100 1014 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. City of Clearwater; Attn: Purchasing Department ITB #06-19 P.O. Box 4748 Clearwater,FL 33758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Exhibit "C" COMMENTS/REMARKS COPYRIGHT 2000, AMS SERVICES INC.OFREMARK The Auto Liability policy provide a blanket additional insured endorsement SICA1016 0414 waiver of subrogation endorsement CA0444 1013 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Policy include a blanket 30 day notice of cancellation endorsement SICA1028 1115 to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Umbrella Liability Policy provides follow form excess limits over General Liability (including Products and Completed Operations), Auto Liability and Employers Liability Insurance (with respect to Professional Employer Organization (PEO) SOI/Heath Consultants INC client #7913 only). The policy includes Additional Insured status and waiver of subrogation regarding form number XS100 1008, to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. –ﬁ»ﬁ›ø –‡»†›¿‹•–† •› ·•‡•‹»… ‹– '–ﬁ›•‹» »‡·–§»»› –” »¿‹‚ –†›«·‹¿†‹› †‰–ﬁ–ﬁ¿‹»… ‹‚ﬁ–«„‚ ¿ ‰–»‡·–§‡»†‹ ‰–†‹ﬁ¿‰‹ '•‹‚ ˝‹ﬁ¿‹»„•‰ «‹›–«ﬁ‰•†„ †‰ ˛˚Ł ææŁ –‡‡»ﬁ‰•¿· •†»›ŁŁŁ ºØ¸˝ †›«ﬁ¿†‰» ˝»ﬁ“•‰»› ¿‹•–†¿· †‰‰»ﬁ‹›‹ﬁ•†»‹‰–‡ Œ ˝–«‹‚ ¿§›‚–ﬁ» ﬁ•“» ˝«•‹» Œ –‰–†«‹ ﬁ–“» †…»‡†•‹§ †›«ﬁ¿†‰» –‡¿†§ –” –ﬁ‹‚ ‡»ﬁ•‰¿ºØº ˝‹ﬁ¿‹»„•‰ «‹›–«ﬁ‰•†„ †‰ — –¤ Ł ‚¿ﬁ·–‹‹» Ł ˛ »¿‹‚ –†›«·‹¿†‹› †‰–ﬁ–ﬁ¿‹»… Ø ˛`ŒØ ææŁ ææ ¨ •‹§ –” ·»¿ﬁ'¿‹»ﬁ ‹‹† —«ﬁ‰‚¿›•†„ »¿ﬁ ‹‡»†‹ Œ — –¤ ØŁ ·»¿ﬁ'¿‹»ﬁ Ø ºŁ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5718 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the amount of $84,800, for the period March 2, 2019 through March 29, 2019, to provide mobile compressed natural gas services at the Clearwater natural gas filling station and authorize the appropriate officials to execute same. (consent) SUMMARY: Ultimate CNG, LLC is currently providing temporary Compressed Natural Gas (CNG) refueling services, via a mobile CNG storage truck, at our CNG Filling Station located at 1020 North Hercules Avenue. This purchase order was originally approved by the City Manager in August 2018, in the amount of $99,715 and a 2nd Agreement, in the amount of $197,600. A third increase was approved by City Council on October 18, 2018, in the amount of $74,100. Agreement # 4 and # 5 were approved on January 17, 2019 in the amount of $324,800. Staff is now requesting for Council to extend their services for the period starting March 2, 2019 through March 29, 2019, under Service Agreement #6. 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. This increase will set the total amount of the Purchase Order to $781,015. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in 4232078-531300. Page 1 City of Clearwater Printed on 2/15/2019 ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] Agreement #6 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, March 2, 2019 and continue through Friday, March 29, 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 four (4) week period. The UCNG Service Offering in this Purchase Order Proposal is expected to commence on Saturday, March 2, 2019 and continue through Friday, March 29, 2019. The anticipated cost is approximately $84,800. The mobile CNG fueling services provided to Clearwater Gas by UCNG during this Engagement Period shall consist of three cost components. The first cost component is the dedicated use of the UCNG FuelMule™and a qualified UCNG employee FuelMule™Operator during all Work Days throughout the Engagement Period. Compression from the FuelMule™ will be available throughout each day and shall be used in compression mode for up to eight hours of compression time during each Work Day. The second cost component is the use of a primary UCNG Gas Transport Module (GTM) on-site to assist with CNG fueling of the City of Clearwater Trucks and other large commercial vehicles that come to the Station. A second GTM will also be made available to Clearwater Gas and if so needed can also be utilized on-site during the Engagement Period as well. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] 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 $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. ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] 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. Term of the Agreement:The term of this Agreement (“Agreement #6”) shall commence on Saturday, March 2, 2019 and continue through Friday, March 29, 2019 or longer as necessary and asagreed 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 February, 2019. Agreement for UCNG Daily Temporary Mobile CNG Fueling Service for Clearwater Gas in Clearwater, FL (Agreement #6) ULTIMATE CNG, LLC By:________________________________Brian P. FimianChief 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 ULTIMATE CNG, LLC 3185 Wheatland Farms Drive Oakton, Virginia, 22124 [A04-02064 /224182/1] 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 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 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 Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5704 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a Non-Exclusive License Agreement between the City of Clearwater and Sand Runners, LLC on a trial basis from March 2, 2019 through September 2, 2019 to provide beach gear valet service for beach visitors and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agreement is for a six-month pilot program for the limited purpose of providing beach gear valet service to the residents, tourists, and visitors to the city. Staff is determining if there is a public benefit to offering services for the valet of beach gear included but not limited to beach chairs, bags, coolers, inflatables, umbrellas, and tents. Sand Runners, LLC will be granted permission to provide, install, and offer the beach gear valet services at Beach Parking Lot #36 located at 4 Rockaway Street, Clearwater, FL. They will pay a license fee of $5,687.50 to the City in monthly installments of $947.92 plus applicable sales tax. The cost for this service is established at a one-way fee of $10 per vehicle or a round trip fee of $15 per vehicle for beach gear valet services. At the end of the trial period, staff will evaluate the results and viability of possibly continuing the service and will bring back a new agreement for Council’s consideration. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/15/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5713 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a License Agreement between the Rogers Blue Jays Baseball Partnership and the City of Clearwater to use Jack Russell Stadium during the Class A Dunedin Blue Jays season, April 7, 2019 through September 1, 2019, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Dunedin provides training and playing facilities for the Class A Dunedin Blue Jays. The Dunedin facilities are currently undergoing major renovations and construction. During the construction, the Dunedin Blue Jays have requested use of Jack Russell Stadium to play their home Class A Florida State League games. Terms of the Agreement require that the Blue Jays pay the standard rental rates and lighting fees for the use of the stadium, as well as provide upgrades at the stadium. These upgrades include the clubhouse, restroom, showers, construction of a press box, additional wall padding, dugout floor protection, and improvements to the field. The Blue Jays will be responsible for all operational aspects relating to these games, including concessions, license fees, ticketing, promotion, etc. Use Agreements with St. Petersburg College and Clearwater High School can be accommodated as well as the Blue Jays Agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/15/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5728 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve two alternative sculptures for Sculpture 360: Season IX-Art in the Cleveland Street District and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 6, 2018, the City Council approved three sculptures and an alternate for Sculpture 360: Season IX- Art in the Cleveland Street District. Since that time and prior to getting contracts for installation, one of the sculptures and the alternate’s selected pieces were sold. There is now a space for one sculpture in the Season IX- Art in the Cleveland Street District. The Public Art and Design Board (PADB) is now recommending that the sculpture “Heart” by Dominique Martinez be displayed and selected “Invasive” by Jenn Garrett as an alternate. The PADB has approved an allocation of $9,000.00 from the Public Art & Design Program Discretionary Fund (325-93608) for the purpose of funding ‘Sculpture 360: Season IX’. Funds will be utilized for artist honoraria and equipment, materials, and personnel necessary for installing and removing the sculpture under the terms of the exhibition. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 325-93608, Miscellaneous Public Art, to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/15/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5699 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the Contract for Sale of Real Property between the City of Clearwater and Jeannie M Zimmerman and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The subject property is a substandard 25 ft. by 91 ft. lot located on Engman Street. This land was acquired by the City of Clearwater in 1967 via Tax Deed. An independent appraisal was performed on the property on August 30, 2018 by Jim Millspaugh and Associates. This appraisal report determined that the fair market value is $2,275.00. On November 1, 2018, City Council declared the property surplus for sale through Invitation to Bid #01-19, whereby the successful bid was required to meet the terms set by Council. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. Accordingly, all qualifying bids were required to meet the following terms: ·Bid price shall exceed $2,275.00 ·The property shall be assembled with existing property creating a functional piece of property for use. ·Successful bidder shall be the owner in fee title to lands contiguous to the subject property. The City received one bid that met the minimum qualifications listed above. ·Jeannie M Zimmerman submitted a qualifying bid with a proposed purchase price of $2,300.00. Consistent with City Charter 2.01 referenced above, staff recommends approval of the Contract between the City and Jeannie M Zimmerman, the bidder having submitted the highest competitive bid above the appraised value whose bid meets the terms set by the Council. Proceeds from sale will be deposited into the General Fund. Page 1 City of Clearwater Printed on 2/15/2019 RUSSELL ST DOUGLAS AVE ENGMAN ST LA SALLE ST TANGERINE ST 11691302 114911731162116411511160116511661157115911591150115611551156115512011201115111641152 11531212115711601169 11631153116411651148116111551154115811511160115811631161115011681148114911471147Location 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.269A 10-29s-15e10/4/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Surplus Property1166 Engman St Parcel Number: 10-29-15-33552-004-0660 Document Path: V:\GIS\Engineering\Location Maps\1166 EngmanSt.mxd RB Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5712 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve an Easement Termination and Release of a City of Clearwater Gas Line Easement located in the City of Largo as Recorded in Official Records Book 3432, Page 446 of the Public Records of Pinellas County, FL and authorize the appropriate officials to execute same. (consent) SUMMARY: James and Mildred Lively granted an Easement to the City of Clearwater on November 19, 1970 for the installation and maintenance of a natural gas line on their property in the City of Largo. The successor in interest to the property has requested that the Gas Line Easement be terminated and released. Clearwater Gas does not maintain facilities within the easement and has no objection to the termination and release of the easement. Page 1 City of Clearwater Printed on 2/15/2019 10TH ST NWPINELLAS TRL14TH AVE NW 13TH AVE NW 10TH AVE NW ROSERY RD NW BEVERLY AVE NW 9TH AVE NW CLEARWATER LARGO RD N11TH AVE NWPELICAN PLMEHLENBACHER RD 8TH AVE NW 6TH ST NWSTREMMA RDBELLEAIR FOREST DR7T H S T N W 9TH ST NW11TH ST NW12TH ST NWPOINSETTIA RD 11TH ST NW9TH ST NW7TH ST NW11TH AVE NW LOCATION MAP 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.331B2/5/2019Map Gen By:Reviewed By:Grid #:Date:Scale: Easement Release and Termination Document Path: V:\GIS\Engineering\Location Maps\1159 Clearwater Largo Rd.mxd 1159 Clearwater-Largo Rd N 28-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5714 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy for the installation and maintenance of a new power line and electric facilities for City of Clearwater property at 1700 N Belcher Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: Duke Energy will install a new power line and electric facilities to support the new data center addition to Fire Station 48. The proposed easement will provide Duke Energy (Duke) with property rights necessary to provide service and maintain its electric equipment within the easement. Page 1 City of Clearwater Printed on 2/15/2019 Prepared By: Bruce C. Crawford, Esquire Return To: Duke Energy 10901 Danka Circle, Suite C Attn: Land Services St. Petersburg, Florida 33716 2401 25th Street North (SP-15) St. Petersburg, Florida 33713 SEC: 01 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: CW-18-29489405 GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33758-4748 SITE ADDRESS: 1700 N Belcher Rd., Clearwater TAX PARCEL NUMBERS: 01-29-15-16488-000-0130 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, (“GRANTEE”), an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: See legal description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2019. GRANTOR: Countersigned: _________________________________ By: _______________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney State of Florida ) ) ss County of Pinellas ) BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are personally known to me. WITNESS my hand and official seal this _______ day of _____________________, 2019 ____________________________________ My commission expires: Notary Public Print/Type Name ______________________ Clearwater Industrial Park Plat Book 44, Page 46 Belcal Commercial Condo Plat Book 103, Page 32 Clearwater Industrial Park Plat Book 44, Page 46 Lot 12 Lot 17 Lot 3 Lot 2 Lot 1 Lot 13 Lot 16 Lot 15 Lot 14 BELCHER ROAD(Right-of-Way Varies)LOGAN STREET (60' Right-of-Way) CALUMET STREET (60' Right-of-Way) Clearwater Industrial Park, Lot 13, less S 30ft for ST and less RD on East, according to the map or plat thereof, as recorded in Plat Book 44, Page 46, 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" 10' Duke Energy Electric Distribution Easement At 1700 N Belcher Road (Fire Station 48)J.S.02/05/19 Lgl_2019-02 1 1 01 29 S 15 E Legal Description Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5715 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy for the installation and maintenance of a new power line and electrical facilities for City of Clearwater property at 1550 N Arcturus Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: Duke Energy (Duke) will install a new power line and electrical facilities to support the new street sweeping facility at 1550 N Arcturas Ave. The proposed easement will provide Duke with property rights necessary to provide service and maintain their electric equipment within the easement. Page 1 City of Clearwater Printed on 2/15/2019 Prepared By: Bruce C. Crawford, Esquire Return To: Duke Energy 10901 Danka Circle, Suite C Attn: Land Services St. Petersburg, Florida 33716 2401 25th Street North (SP-15_ St. Petersburg, Florida 33713 SEC: 12 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: CW-18-30017187 GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, CLEARWATER, FL. 33758-4748 SITE ADDRESS: 1550 N ARCTURAS AVE, CLEARWATER TAX PARCEL NUMBER: 12-29-15-70182-200-1200 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, (“GRANTEE”) an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: See legal description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2019. GRANTOR: Countersigned: _________________________________ By: _______________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney State of Florida ) ) ss County of Pinellas ) BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are personally known to me. WITNESS my hand and official seal this _______ day of _____________________, 2019 ____________________________________ My commission expires: Notary Public Print/Type Name ______________________ Commence at the Northwest Corner of the Southeast 14 of the Northwest 14 of Section 12, Township 29 South, Range 15 East; thence run N 89° 19' 26" W a distance of 30.00' to the West Right-of-Way Line of North Arcturas Avenue; thence run N 0° 21' 45" E, along said West Right-of-Way Line a distance 416.69' to a Point of Beginning; thence N 31° 59' 47" W a distance of 166.62'. Easement to terminate or extend to West Right-of-Way of North Arcturas Avenue and at edge of building foundation.NORTH ARCTURAS AVENUE(60' Right-of-Way)SHERWOOD STREET (60' Right-of-Way) Lot 5 Lot 12 Pinellas Groves Plat Book 3, Page 15 Hercules Industrial Park Plat Book 53, Page 57 Lot 12 Lot 8 Lot 9 POINT OF BEGINNING N 0° 21' 45" E 416.69'N 89° 19' 26" W 30.00'West Right-of-WayPOINT OF COMMENCEMENT Northwest Corner of the Southeast 14 of the Northwest 14 of Section 12, Township 29 South, Range 15 East N 31° 59' 47" W 166.62' 5' 5' CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "A" 10' Duke Energy Electric Distribution Easement At North Arcturas AveJ.S.02/05/19 Lgl_2019-03 1 1 12 29 S 15 E Legal Description Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5716 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy for the installation and maintenance of a new transformer, power line and electrical facilities for City of Clearwater property at Ruth Eckerd Hall and authorize the appropriate officials to execute same. (consent) SUMMARY: Duke Energy (Duke) will install a new transformer and electrical facilities to support the Ruth Eckerd Hall Experience project. The proposed easement will provide Duke with property rights necessary to provide service and maintain their electric equipment within the easement. Page 1 City of Clearwater Printed on 2/15/2019 Prepared By: Bruce C. Crawford, Esquire Return To: Duke Energy 10901 Danka Circle, Suite C Attn: Land Services St. Petersburg, Florida 33716 2401 25th Street North, (SP-15) St. Petersburg, FL 33713 SEC: 09 TWP: 29S RGE: 16E COUNTY: PINELLAS PROJECT: CW-18-29864908 GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748 CLEARWATER, FL. 33758-4748 SITE ADDRESS: N MCMULLEN BOOTH RD, CLEARWATER TAX PARCEL NUMBER: 09-29-16-00000-240-0300 09-29-16-00000-240-0400 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, (“GRANTEE”) an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: See legal description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2019. GRANTOR: Countersigned: _________________________________ By: _______________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney State of Florida ) ) ss County of Pinellas ) BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are personally known to me. WITNESS my hand and official seal this _______ day of _____________________, 2019 ____________________________________ My commission expires: Notary Public Print/Type Name ______________________ Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 20Lot 21Lot 22Lot 23Lot 24Lot 25Lot 26Lot 27Lot 28Lot 29Lot 30Lot 31Lot 32Lot 33Lot 34Lot 35Lot 3624/03 24/05 24/02 Lot 57 Lot 56 Lot 55 13/01 24/06 Kapok Manor Condo Condo Plat Book 22, Page 48 Hampton Gardens McMULLEN-BOOTH ROADRight-of-Way Varies12/03 RUTH ECKERD HALL DRIVE (PRIVATE) OFCITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DWG. NO. SECT-TWNSP-RNG DATE DRAWN SHEET. Lee Cheek Tom Mahony 2/7/19 Lgl_2019-04Exhibit "A" 10' Duke Energy Electric Distribution Easement At 1111 McMullen-Booth Road - Ruth Eckerd Hall 1 3 9 29 S 16 E This is not a survey Lot 21 Lot 22 Lot 23 Lot 24 Lot 25 Lot 26 Lot 27 Lot 28 Lot 29 Lot 30 Lot 31 Lot 32 Lot 33 Lot 34 Lot 35 Lot 36 Lot 37 Lot 38 Lot 39 Lot 40 Lot 41 Lot 42 Lot 43 Lot 44 Lot 26 Lot 25 Lot 24 Lot 23 14/01 Lot 30Lot 31Lot 32Lot 33Lot 34Lot 35Lot 36Lot 37Lot 3824/03 14/02 11/02 11/01 Lot 105 Lot 106 Lot 107 Lot 108 Lot 109 Lot 104 Lot 103 Lot 102 Lot 100 Lot 99 Lot 98 Lot 97 Lot 110 Lot 111 Lot 112 Lot 113 Lot 94 Lot 95 Lot 96 Lot 101 ALAMEDA AVENUE Lot 63 Lot 64 Lot 62 Lot 61 Lot 65MAXIMO AVENUESAN DOMINGOCOURTLot 60 Lot 59 Lot 58 Lot 57 Lot 56 Lot 55 Lot 54 Lot 53 Lot 52 Lot 45 Lot 46 Lot 66 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 67 Lot 68 Lot 69 Lot 70 Lot 71 Lot 72 Lot 84 Lot 83 SAN CA R L O S S T R E E T Lot 82 Lot 81 Lot 80 Lot 85 Lot 47 Lot 86 Lot 87 Lot 88 Lot 89 Lot 90 Lot 91 Lot 92 Lot 93 Lot 79 Lot 78 Lot 77 Lot 76 Lot 75 Lot 74 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9 Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 73 Lot 3 Lot 2 GABRIEL STREET SAN CARLOS STREET ALAMEDA AVENUE12/03 Lot 48 Lot 49 Lot 50 Lot 51 ARLIE AVENUE ROSE ROADSAN DOMING O S T R E E T BAYSHORE BOULEVARDOFCITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DWG. NO. SECT-TWNSP-RNG DATE DRAWN SHEET. Lee Cheek Tom Mahony 2/7/19 Lgl_2019-04Exhibit "A" 10' Duke Energy Electric Distribution Easement At 1111 McMullen-Booth Road - Ruth Eckerd Hall 2 3 9 29 S 16 E This is not a survey A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE NORTH 1/2 OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA: THENCE SOUTH 89° 21' 05" EAST, ALONG THE NORTH LINE OF DEL ORO GROVES, AS RECORDED IN PLAT BOOK 12, PAGE 2 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 477.16 FEET TO THE SOUTHWEST CORNER OF LOT 21, DEL ORO GROVES FIRST ADDITION, AS RECORDED IN PLAT BOOK 69, PAGE 56 AND 57 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE WEST AND NORTH LINES OF SAID DEL ORO GROVES FIRST ADDITION THE FOLLOWING TEN (10) COURSES AND DISTANCES: 1. NORTH 00° 16' 15" EAST, 519.23 FEET; 2. SOUTH 89° 19' 45" EAST, 118.80 FEET; 3. NORTH 00° 29' 45" WEST, 79.68 FEET; 4. SOUTH 89° 09' 15" EAST, 245.08 FEET; 5. NORTH 00° 05' 45" EAST, 129.43 FEET; 6. SOUTH 89° 34' 15" EAST, 60.45 FEET; 7. NORTH 00° 10' 15" WEST, 301.98 FEET; 8. SOUTH 89° 17' 15" EAST, 498.69 FEET; 9. NORTH 81° 25' 06" EAST, 479.63 FEET; 10. SOUTH 89° 49' 15" EAST , 251.76 FEET TO A POINT ON THE WEST LINE OF LOT 25, DEL ORO HEIGHTS, AS RECORDED IN PLAT BOOK 54, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID DEL ORO HEIGHTS SUBDIVISION, NORTH 00° 04' 50" EAST A DISTANCE OF 221.17 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF SAID SECTION 9; THENCE NORTH 89° 17' 04" WEST ALONG SAID LINE, A DISTANCE OF 1514.66 FEET; THENCE LEAVING SAID LINE, SOUTH 00° 07' 43" WEST A DISTANCE OF 64.54 FEET; THENCE NORTH 89° 21' 08" WEST A DISTANCE OF 320.00 FEET; THENCE SOUTH 00° 07' 43" WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 89° 21' 08" WEST A DISTANCE OF 290.00 FEET; THENCE SOUTH 00° 07' 34" WEST A DISTANCE OF 117 FEET MORE OR LESS TO THE CENTER OF ALLIGATOR CREEK, SAID POINT TO BE KNOWN AS POINT "A" FOR CONVENIENCE; RETURN THENCE TO THE POINT OF BEGINNING; THENCE NORTH 89° 21' 05" WEST ALONG THE NORTH LINE OF DEL ORO ESTATES, AS RECORDED IN PLAT BOOK 46, PAGE 29 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 695.52 FEET; THENCE NORTH 00° 07' 00" EAST A DISTANCE OF 610.82 FEET; THENCE NORTH 89° 18' 29" WEST A DISTANCE OF 590.03 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD, (S.R. 593), (A 100' R/W); THENCE NORTH 00° 07' 00" EAST ALONG SAID R/W LINE, A DISTANCE OF 60.00 FEET TO THE SOUTHWEST CORNER OF KAPOK MANOR CONDOMINIUM VILLAGE ONE, AS RECORDED IN CONDOMINIUM PLAT BOOK 22, PAGES 48 THRU 51 INCLUSIVE, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 89° 18' 29" EAST ALONG THE SOUTH LINE OF SAID CONDOMINIUM AND THE SOUTH LINE OF ONE KAPOK TERRACE, A CONDOMINIUM PHASE VI, AS RECORDED IN CONDOMINIUM PLAT BOOK 102, PAGES 8 THRU 10, INCLUSIVE, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 1135.68 FEET; THENCE NORTH 00° 07' 00" EAST A DISTANCE OF 60.00 FEET; THENCE NORTH 66° 27' 06" WEST ALONG THE NORTHERLY LINE OF THE UNRECORDED ONE KAPOK TERRACE, A CONDOMINIUM, PHASE VII, A DISTANCE OF 267.83 FEET; THENCE NORTH 00° 07' 34" EAST A DISTANCE OF 140 FEET MORE OR LESS TO THE CENTERLINE OF ALLIGATOR CREEK; THENCE EASTERLY AND NORTHERLY ALONG THE CENTERLINE OF ALLIGATOR CREEK AS IT WINDS AND TURNS TO THE AFOREMENTIONED POINT "A." OFCITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DWG. NO. SECT-TWNSP-RNG DATE DRAWN SHEET. Lee Cheek Tom Mahony 2/7/19 Lgl_2019-04Exhibit "A" 10' Duke Energy Electric Distribution Easement At 1111 McMullen-Booth Road - Ruth Eckerd Hall 3 3 9 29 S 16 E Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5706 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve a License Agreement between PSTA and the City of Clearwater for a Beach Transit Stop located within the Beach Marina Parking Lot and authorize the appropriate officials to execute same. (consent) SUMMARY: In prior years, PSTA (Pinellas Suncoast Transit Authority) has utilized the Beach Marina Parking Lot for the purpose of Trolley service drop off and pickup without any formal agreement. An increase in service and schedule during Spring Break and Special Events require a more defined stop for both the Jolly Trolley and the Suncoast Beach Trolley. General loading and unloading in front of the marina building is no longer manageable. The location of the new transit stop will be an improved area adjacent to the eastern exit from the marina. PSTA is responsible to pay for the necessary improvements in order to make this location work. Improvements will include an ADA accessible loading pad, two bus shelters and connectivity to sidewalks both north and south of the stop. Page 1 City of Clearwater Printed on 2/15/2019 1 LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this ____ day of February 2019, by and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, P.O. Box 4748, Clearwater, Florida 33758-4748 (herein, "City" or “Licensor”), and The Pinellas Suncoast Transit Authority (PSTA), 3201 Scherer Drive North, St. Petersburg, FL 33716 (herein, "Licensee"). WHEREAS, Licensee occupies and maintains certain property owned by Licensor, for the purpose of operating a year-round Clearwater Beach Marina Transit Stop; and WHEREAS, the area depicted in Exhibit "A," attached hereto and made a part hereof ("Licensed Premises") is within the Beach Marina parking lot; and WHEREAS, in years prior to the date hereof, Licensee has used the marina parking lot for the purpose of bus service drop off and pickup without any formal agreement; and WHEREAS, certain circumstances have arisen whereby Licensee working with Licensor has increased bus service during Spring Break and special events which requires a more defined transit stop for both the Jolly Trolley and Suncoast Beach Trolley; and WHEREAS, Licensee understands that their request for an “exit only” at this current “entrance and exit” location is on a trial basis and will be re-evaluated at the conclusion of Spring Break 2019. NOW, THEREFORE, in consideration of the covenants herein contained, the Licensor hereby grants a license agreement ("License") to the Licensee for the purpose of establishing a transit stop on the Licensed Premises under the following terms and conditions. 1. USE OF PREMISES: The Licensee shall have exclusive use of the area described as the eastern most drive aisle exit, leaving the beach marina parking lot, and the adjacent 10’ x 80’ concrete slab installed by the Licensor to support the bus loading and unloading. Licensed area is shown on Exhibit "A" attached hereto and by this reference, incorporated herein. This License shall not confer upon the Licensee any interest in the Licensed Premises. 2. PSTA BUS SHELTERS: The Licensee, at its sole cost and expense, may install two bus shelters with PSTA signage along with two trash receptacles. The shelters, receptacles and signage shall be consistent with the recently completed beach transit stop on the north side of the Memorial Causeway. PSTA will service the trash receptacles 1 x weekly with city crews providing additional peak time supplemental servicing. 3. 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 2 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. 4. TERMINATION: Following the 2019 Spring Break Schedule, the Licensee or Licensor may terminate this License at any time for any reason upon thirty (30) days written notice to the other party. 5. NOTICES: Any notice shall be in writing and shall be delivered by email, by hand, or sent by United States registered or certified mail, postage prepaid, addressed as follows: LICENSOR: Marine and Aviation Director City of Clearwater Marine & Aviation Department P.O. Box 4748 Clearwater, Florida 33758-4748 Ed.Chesney@mvClearwater.com LICENSEE: Pinellas Suncoast Transit Authority (PSTA) ___________________________________ ___________________________________ ___________________________________ ___________________________________ 6. ASSIGNMENT AND SUBLETTING: Neither party hereto may assign or sublet its rights hereunder without the prior written consent of the other party. 7. OTHER PROVISIONS: Integral to the rights and privileges herein granted, the parties further agree as follows: a) Licensee shall at all times maintain the portion of the Licensed Premises in compliance with all applicable City of Clearwater codes. b) Licensee, at its sole expense, shall comply with all applicable Federal, State and Local environmental laws, and shall not allow the storage, use, disposal, or discharge by itself or others, of any contaminants or hazardous materials as defined in State, Federal or Local environmental laws on or about the Licensed Premises. c) Should any provision of this License or any of the Exhibits attached hereto be deemed by a Court of competent jurisdiction to be unenforceable, such determination shall not affect the enforceability of the remaining provisions. d) Use of one gender shall include all other genders; use of the singular shall include the plural; and use of the plural shall include the singular, all as may be appropriate. Where applicable, use of the term Licensee 3 shall include Licensee's independent contractors, agents, servants, employees, or invitees. 8. MAINTENANCE: Other than installation the bus shelters and trash receptacles, Licensee shall not make any other improvements or alterations to the area or the Licensed Premises without the prior written approval from Licensor, which approval may be withheld at Licensor's sole and exclusive discretion. If the Licensed area or the Licensed Premises are destroyed or so damaged by fire or other casualty during the term of the License, this agreement will terminate. City shall not be required to make any repairs or replacement of the Licensed Premises other than those repairs or replacements that the City solely deems necessary. 9. ENTIRE AGREEMENT: This License, together with any additional Addenda and/or Exhibits attached hereto, shall constitute the entire Agreement between the City and Licensee. No other agreements unless incorporated and made a part herein, shall be binding on either party. No amendment or modification of this License shall be effective unless agreed to in writing by Licensee and Licensor. 10. APPLICABLE LAW & VENUE: Parties agree that Florida law shall apply in enforcing provisions of this License. The venue for any proceedings brought to enforce this License is in Pinellas County, Florida. 11. NO 3 RD PARTY RIGHTS: Parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. 12. INSURANCE: The Licensee shall, at its own cost and expense, acquire and maintain (and cause contractors and subcontractors, if applicable, to acquire and maintain) during the term of this License, sufficient insurance to adequately protect the respective interest of the parties. Specifically, the Licensee must carry the following minimum types and amounts on an occurrence basis, or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a) Commercial General Liability Insurance in the amount of $1,000,000 per occurrence and $1,000,000 general aggregate. Commercial Automobile Liability Insurance for any owned, non- owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 combined single limit. b) Statutory Workers' Compensation Insurance and Employer's Liability Insurance in the minimum amount of $100,000 each employee each accident, $100,000 each employee by disease and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, and subcontractors, if any. 4 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: a) The City of Clearwater is to be specifically included as an "Insured" on the Commercial Liability Insurance, and Commercial Auto Liability Insurance policies listed. b) Prior to the execution of this Agreement then annually upon the anniversary date(s) of the insurance policy's renewal date(s), the Licensee will furnish the Licensor with a Certificate of Insurance or letter evidencing the coverage set forth above and naming the City of Clearwater as an "Insured" on the Licensee's Commercial General Liability Insurance and Commercial Auto Liability Insurance policies listed above. In addition, Licensee will provide the Licensor with certified copies of all applicable policies when requested in writing from the Licensor. The address where such certificates or letters and certified policies shall be sent or delivered is as follows described above. c) Licensee shall provide thirty (30) days written notice of any cancellation, nonrenewal, termination, material change or reduction in coverage. d) Licensee's insurance as outlined above shall be primary and non- contributory coverage for Licensee's negligence. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the Licensor, and failure to request evidence of this insurance shall not be construed as a waiver of Licensee's obligation to provide the insurance coverage specified. 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 5 CITY OF CLEARWATER, FLORIDA Countersigned: By:_George N. Cretekos, Attest:Approved as to Form: Rosemarie Call, MPA, CMC Michael P. Fuino City Clerk Assistant City Attorney Legend Symbols: Abbreviations: CALL 811 CITYSE A L CIT Y OFTHE OFCL E ARWATER ,FLORIDANORTH Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5763 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve Clearwater Ferry Services Inc. (CFS) 2019 Spring Break Water Taxi Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: In the ongoing effort to relieve traffic congestion on the Memorial Causeway during Spring Break and the Sugar Sand Festival, this agreement will provide a one-time subsidy in the amount of $10,000 to support a temporary increase in the ridership capacity of CFS. This will be accomplished by CFS adding leased vessels to their fleet. The additional vessels will operate during specific Spring Break and Sugar Sand peak times, providing 49 additional seats per vessel with increased service routes between downtown and the beach. APPROPRIATION CODE AND AMOUNT: Funds are available in special program 181-98604, 2016 Clearwater Ferry, to fund this agreement. Page 1 City of Clearwater Printed on 2/15/2019 SPRING BREAK 2019 WATER TAXI AGREEMENT THIS CONTRACT, entered into this __________ day of ___________, 2019, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City,” P.O. Box 4748, Clearwater, Florida 33758 and CLEARWATER FERRY SERVICES, INC., a Florida corporation, hereinafter referred to as “Ferry,” 615 Pinellas Street, Clearwater, Florida 33756. WHEREAS, the City desires to continue to support water taxi services connecting various areas that are exclusively within Clearwater such as the City’s Downtown Harbor Marina, Clearwater Beach Marina, Island Estates, and the Clearwater Beach Recreation Center Loading Dock; and WHEREAS, traffic congestion on State Road 60, including the Memorial Causeway Bridge to and on Clearwater Beach during the months of March and April is greatly increased due to Spring Break and the Sugar Sand Festival; and WHEREAS, it is in the public interest to help prevent traffic gridlock during peak periods, reduce the law enforcement man hours involved in traffic control, and increase awareness of the downtown Cleveland Street District, Coachman Park, and Downtown Marina; and WHEREAS, the City and the Ferry previously contracted for ferry services between March 1, 2016 and April 30, 2016 pursuant to that certain agreement between the parties dated March 1, 2016 which provided a cash subsidiary; and WHEREAS, the City and the Ferry also contracted for water taxi services pursuant to that certain renewal agreement between the parties dated November 20, 2018 (“Renewal Agreement”); and Page 2 of 7 WHEREAS, while the Renewal Agreement covers a two-year period between December 1, 2018 and December 1, 2020, it does not offer any cash subsidiary to the Ferry; and WHEREAS, the Ferry has requested that the City provide it financial assistance in the form of a cash subsidiary during the months of March and April 2019 (“Spring Break 2019”) to increase the Ferry’s capacity during those months; and WHEREAS, the City is interested in increasing the Ferry’s capacity during Spring Break 2019; NOW THEREFORE, in consideration of the promises stated herein, the City and Ferry mutually agree as follows: 1.SCOPE OF PROJECT. Ferry agrees to continue to provide water taxi services as outlined in the Renewal Agreement and further agrees that on March 9, 10, 16, 17, 2019 it will provide one additional vessel capable of water taxi services between the hours of 11 a.m. and 4 p.m. and that on April 12,13, 14, 19, 20, 21, 26, 27, 28, 2019 it will provide two additional vessels capable of water taxi services between the hours of 11 a.m. and 4 p.m. These additional vessels will all be capable of transporting at least 49 passengers each, will all be placed in service solely in Clearwater, and will only transport passengers between the Clearwater Downtown Marina and the Clearwater Beach Marina.Furthermore, the Renewal Agreement and its attached exhibits are incorporated into this Contract Page 3 of 7 by reference as if fully stated herein and the Parties expressly agree to be bound by the terms of those documents. 2.TIME OF PERFORMANCE. This Contract shall commence on March 1, 2019 and terminate on April 30, 2019. 3.COMPENSATION. The City will pay the Ferry $10,000.00 in the manner described in Paragraph 4 below. Additionally, the City will set up two (2) tents at the Clearwater Downtown Marina and one (1) tent at the Clearwater Beach Marina for the Ferry’s use between March 1, 2019 and April 30, 2019 at the City’s expense. 4.METHOD OF PAYMENT. The City agrees to pay after satisfactory evidence that the Ferry has complied with the Scope of Work described in Paragraph 1 under the terms of the Florida Prompt Payment Act F.S. 218.70 to wit: a $2,500.00 payment on March 30, 2019 for water taxi services rendered during March 2019 and a second $7,500.00 payment on May 15, 2019 for water taxi services rendered during April 2019. 5.NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or Page 4 of 7 if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1) If to Corporation, addressed to:Patricia Rodriguez 415 Laughing Gull Lane Palm Harbor, FL 34683 2)If to City, addressed to:City Manager P. O. Box 4748 Clearwater, FL 33758-4748 With copies to: City Attorney P. O. Box 4748 Clearwater, FL 33758-4748 6.TERMINATION OF CONTRACT. The City at its sole discretion may terminate this Contract by giving the Ferry a five (5) day written notice of its election to do so and by specifying the effective date of such termination. In such case, the Ferry will only be reimbursed for its actual costs through the effective date of such termination not to exceed $10,000.00. Further, if the Ferry does not fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and the Ferry will not be entitled to any compensation. 7. NON-DISCRIMINATION. Notwithstanding any other provision of this Contract, the Corporation for itself, agents and representatives, as part of the consideration for this Contract does covenant and agree that: a) No Exclusion from Use. No person shall be excluded from participation in, Page 5 of 7 denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b) No Exclusion from Hire.In the management, operation, or provision of the program activities authorized and enabled by this Contract, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin, except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c)Breach of Non-discrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this Contract immediately. 8. INTERESTS OF PARTIES. Ferry covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 9.LIABILITY AND INDEMNIFICATION. The Corporation shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of Page 6 of 7 loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Corporation's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Corporation whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 10.CONFORMANCE WITH LAWS. Ferry agrees to comply with all applicable federal, state and local laws during the life of this Contract. 11.ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12.GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Page 7 of 7 CITY OF CLEARWATER, FLORIDA By:________________________ William B. Horne II City Manager Approved as to form:Attest: ___________________________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk CLEARWATER FERRY By: ____________________________ Patricia Rodriguez President Attest: _____________________________ Dennis Rodriguez, Vice President Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2018-11006 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Institutional (I) category to the Residential Urban (RU) category for 4.88 acres of property located at 1625 Union Street and pass Ordinance 9224-19 on first reading. (LUP2018-11006) SUMMARY: This Future Land Use Map amendment involves a 4.88-acre property on the south side of Union Street approximately ½ mile east of North Highland Avenue. The parcel is currently owned by Union Place, LLC which purchased the property in September 2018; however, the property is still being used as a place of worship by Mt. Zion United Methodist Church. The applicant is requesting to amend the Future Land Use Map designation from Institutional (I) to Residential Urban (RU). The applicant has submitted a Zoning Atlas amendment (REZ2018-11004) which is being processed concurrently with this case. The proposed Residential Urban (RU) category allows primarily urban low density residential and residential equivalent uses and would permit development at a density of 7.5 dwelling units per acre. The requested amendment would allow the property to be redeveloped as a single-family subdivision. The applicant has submitted a preliminary plat for 27 lots (PLT2019-01001) which would be fewer lots than the maximum allowed under the proposed future land use category. The preliminary plat application is currently being reviewed by the Development Review Committee. The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: ·The proposed amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. ·The proposed amendment is not inconsistent with other provisions of the Comprehensive Plan. ·The available uses are appropriate to the property in question and compatible with existing and planned uses in the area. ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the Page 1 City of Clearwater Printed on 2/15/2019 File Number: LUP2018-11006 approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board reviewed this application at its January 15, 2019 public hearing and made a unanimous recommendation of approval to the Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/15/2019 Ordinance No. 9224-19 ORDINANCE NO. 9224-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF UNION STREET APPROXIMATELY ½ MILE EAST OF NORTH HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1625 UNION STREET, CLEARWATER, FLORIDA 33755, FROM INSTITUTIONAL (I) TO 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, as follows: Property Land Use Category See attached Exhibit A; From: Institutional (I) To: Residential Urban (RU) (LUP2019-11006) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9224-19 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 B FUTURE LAND USE MAP Owner(s): Union Place, LLC Case: LUP2018-11006 REZ2018-11004 Site: 1625 Union Street Property Size(Acres): 4.88 Land Use Zoning PIN: 02-29-15-00000-120-0300 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 252B 38725* 98322 94545 87948 87966 98321 1 2 3 4 I H G G2021222324456 7 8 910 1112 13 14 1516171819 201345678910 1121 231234567 89 101112 13 14 151617 18 19 123456789101128 29 30 31 32 33 34 35 36 37 38 39 40 41 42 89 108 107 45 46 47 51 50 49 48 1 2 3 4 5 6 12 11 10 9 76 5 4 3 8 17 18 19 20 16 15 14 1 2 3 4 25 24 23 22 7 8910 19 18 17 16 15 14 13 4 5 6123 23 22 21 20 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 28 29 30 1 2 63 62 61 60 59 58 57 56 55 54 53 52 7 6 5 4 3 2 1 44 45 46 47 48 49 50 51 43 42 41 40 39 38 37 4544 47 48 49 50 5146 31 32 33 34 35 43 42 41 40 39 38 37 36 60 59 58 57 56 55 36 3 12345 6 7 8 9 10 11 12 131415161718 19 20 21 22 23 24 25 5 21/05 21/04 21/03 21/01 21/02 21/09 12/05 12/06 12/07 12/03 4 2.35 3.80 9 4.88 1.06 50 5050505010505010 43982 934301 2 3 4 5 6 7 8 9 10 24 25 26 27 28 29 61 60 59 58 57 51 35 52 34 53 33 54 32 55 31 56 30 68 67 66 65 64 63 62 61 60 59 58 33 47 48 49 50 51 52 53 54 55 56 57 34 46 45 44 43 42 41 40 39 38 37 36 35 1 2 345 678910 11 12 20 19 18 17 16 15 14 13 1 2 3 4 5 6 7 34/04 2.89 34/041 34/043 AC(C) AC(C)AC(C) AC AC AC(C) AC(C) 1 1 3 3 2 1 UNION ST N HIGHLAND AVE SOUVENIR DR PI NE PL BYRAM DR WINDSOR DR POWDERHORN DR ALGONQUIN DR WINDSOR PL NUGGET DR HUNTINGTON LN CUMBERLAND LN PICARDY CIR BYRAM CIR I RU RH RL RLM RH CG RU RU RU RU RU RU RL RU RL RU RU RU RUWATERRU1625-Not to Scale--Not a Survey-Rev. 11/15/2018 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: January 15, 2019 AGENDA ITEM: F.1. CASE: LUP2018-11006 REQUEST: To amend the Future Land Use Map designation from Institutional (I) to Residential Urban (RU) GENERAL DATA: Applicant ......................... Lorrie Viola, Cardno Owner ............................. Union Place, LLC Location .......................... 1625 Union Street, approximately ¼ mile east of North Highland Avenue Property Size ................... 4.88 acres Background: This case involves a 4.88-acre property located on the south side of Union Street approximately ¼ mile east of North Highland Avenue. The request is to change the Future Land Use Map designation of the property from Institutional (I) to Residential Urban (RU). A request to rezone the property from the Institutional (I) District to the Low Medium Density Residential (LMDR) District is being processed concurrently with this case (see REZ2018-11004). The requested amendments would allow the property to redevelop as a residential development which is in scale, intensity and character with the overall neighborhood. Mt. Zion United Methodist Church is located on the parcel which was purchased by Union Place, LLC in September 2018. In total, there is approximately 30,000 square feet of development comprised of four one- and two-story buildings on the site. Currently, the property’s future land use map designation is Institutional (I). Maps 1 and 2 show the general location of the property and an aerial view of the amendment area. Community Development Board – January 15, 2019 LUP2018-11006 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. To the east, south and west, there are single family neighborhoods. To the north across Union Street, which is in Dunedin city limits, are additional single family neighborhoods. Abutting the subject property to the west is a counseling center. Map 3 Community Development Board – January 15, 2019 LUP2018-11006 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Institutional (I) and Residential Urban (RU) to the west, along with Residential Urban (RU) to the south and east. To the north across Union Street, the future land use designation is Residential Urban (RU) (City of Dunedin). A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Map 4 Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Institutional (I) Requested FLUM Designation Residential Urban (RU) Primary Uses: Public/Private Schools; Churches; Public Offices; Residential Equivalent Urban Low Density Residential; Residential Equivalent Maximum Density: 12.5 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.65; ISR 0.85 FAR 0.40; ISR 0.65 Consistent Zoning Districts: Institutional (I) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) RU Community Development Board – January 15, 2019 LUP2018-11006 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policy of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. 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 the application of the Clearwater Community Development Code. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. The proposed Residential Urban (RU) future land use designation is compatible with the surrounding single family residential uses as well as the abutting counseling center to the west. The applicant has indicated that the property will be redeveloped with a residential subdivision adding new housing in an area that was developed primarily over 40 years ago and has recently submitted an application for a preliminary plat which is currently under review by the Development Review Committee. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). The Residential Urban (RU) designation allows for less intense development than the current Institutional (I) designation and permits only residential uses. Overall, the scale of development allowed will be less than permitted by the current land use designation. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals, objectives and policy listed above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Public/Semi-Public (P/SP). All abutting and surrounding properties around the amendment area have the Residential Low Medium (RLM) category on them, except for the parcel abutting to the west which has the Public/Semi- Public (P/SP) category. Nearer the intersection of North Highland Avenue and Union Street, there are properties with the Residential High (RH) category, and the Retail & Services (R&S) category is located on Community Development Board – January 15, 2019 LUP2018-11006 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION the northeast and southeast corners of Union Street and North Highland Avenue. The proposed City of Clearwater future land use designation of Residential Urban (RU) will necessitate a Countywide Plan Map amendment from the Public/Semi-Public (P/SP) category to the Residential Low Medium (RLM) category in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.2 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed use, as indicated by the applicant, will be a residential development, which is an appropriate use within the area and consistent with the proposed and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of largely single family homes to the east, south, west and north. The abutting parcel to the west is a counseling center. The proposed use of the subject property of residential is compatible with the surrounding properties and neighborhood. The proposed Residential Urban (RU) future land use category primarily permits residential development at a density of 7.5 dwelling units per acre. The future land use designations of surrounding properties include Residential Low (RL), Residential Urban (RU), Institutional (I) and Residential Low Medium (RLM). Additionally, farther west along North Highland Avenue, there is Residential High (RH) and Commercial General (CG). The proposed Residential Urban (RU) future land use category, which primarily allows for low to moderate density residential and residential equivalent uses, is consistent with the surrounding future land use designations that exist in the vicinity of the subject property, which primarily allow low to moderate density residential uses. The proposed amendment will allow development that will fit in with the scale and density of the existing single family neighborhoods. Recommended Conclusions of Law: The proposed Residential Urban (RU) future land use category is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – January 15, 2019 LUP2018-11006 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the current development of the property under the present City Future Land Use Map designation was compared to the proposed development under the requested City Future Land Use Map designation. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “I” Requested FLUM Designation “RU” Net Change Site Area 4.880 AC (212,572 SF) 4.880 AC (212,572 SF) Maximum Development Potential 0 DUs / 183 Beds1 138,172 SF2 0.65 FAR 36 DUs3 / 0 Beds4 0 SF5 0.40 FAR +36 DUs / -183 Beds -138,172 SF -0.25 FAR Notes: 1. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Only 29,872 SF is currently built on site (4 buildings). 3. Only 27 units are currently proposed on preliminary plat (PLT2019-01001). 4. Residential equivalent uses are not permitted through the consistent Low Medium Density Residential (LMDR) District. 5. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Medium Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is generally a decrease in development potential across the amendment. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with 36 detached dwellings to the maximum development potential of the existing Institutional (I) future land use category developed with a nonresidential use (138,172 SF place of worship). Additionally, a second analysis is provided that compares the existing amount of nonresidential development (29,872 SF place of worship) to the number of units proposed in the preliminary plat submitted by the applicant (27 units; PLT2019-01001). Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 3,665 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (10,152 gallons per day) and subtracting it from the potential utilization of a nonresidential use built out at the maximum square footage allowed by the current land use designation (13,817 gallons per day). When comparing the potable water utilization of the proposed number of dwelling units (27 units; 7,614 gallons per day) to the utilization of the existing nonresidential development (29,872 SF; 2,987 gallons per day) it shows that the proposed change could result in an increase in demand for potable water. Community Development Board – January 15, 2019 LUP2018-11006 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City’s current potable water demand is 10.42 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 1,917 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (9,137 gallons per day) and subtracting it from the potential utilization of a nonresidential use built out at the maximum square footage allowed by the current land use designation (11,054 gallons per day). When comparing the wastewater utilization of the proposed number of dwelling units (27 units; 6,583 gallons per day) to the utilization of the existing nonresidential development (29,872 SF; 2,390 gallons per day) it shows that the proposed change could result in an increase in demand for wastewater. The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 5.2 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in a decrease of 19.3 tons per year of solid waste generated. This is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (91.2 tons per year) and subtracting it from the potential utilization of a place of worship use built out at the maximum square footage allowed by the current land use designation (110.5 tons per year). When comparing the solid waste generated from the proposed number of dwelling units (68.4 tons per year) to the solid waste generated by the existing place of worship (23.9 tons per year) it shows that the proposed change could result in an increase of solid waste generated. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Community Development Board – January 15, 2019 LUP2018-11006 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the south side of Union Street approximately ¼ mile east of North Highland Avenue. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (507 trips) is calculated based on the traffic generation numbers for the Public/Semi-Public category (104 trips per day per acre), and the proposed number of trips under the Residential Low Medium (RLM) category would be 326 trips (67 trips per day per acre). This would be a decrease of up to 181 trips from the subject property. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of residential units would increase the demand on several public facilities when compared to the existing place of worship development; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – January 15, 2019 LUP2018-11006 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Institutional (I) to Residential Urban (RU). Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9224-19 Resume Photographs of Site and Vicinity LOCATION MAP Owner(s): Union Place, LLC Case: LUP2018-11006 REZ2018-11004 Site: 1625 Union Street Property Size(Acres): 4.88 Land Use Zoning PIN: 02-29-15-00000-120-0300 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 252B UNION ST N KEENE RD SUNSET POINT RD NUGGET DR N HIGHLAND AVE ALGONQUIN DR SOUVENIR DR PINE PL SKY DR ELIZABETH LN BRENDLA RD TOWNSEND ST WINDSOR DR ASHTON ABBEY RD STARLIGHT DR POWDERHORN DR BYRAM DR BRAMPTON RD ERIN LN PICARDY CIR LITTLE NECK RD ELM PL DUNSTON COVE RD SUNRISE PL OAK PL WINDSOR PL STRATHMILL DR HUNTINGTON LN KRUSE LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/13/2018 AERIAL PHOTOGRAPH Owner(s): Union Place, LLC Case: LUP2018-11006 REZ2018-11004 Site: 1625 Union Street Property Size(Acres): 4.88 Land Use Zoning PIN: 02-29-15-00000-120-0300 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 252B UNION ST UNION ST N HIGHLAND AVE N HIGHLAND AVE SOUVENIR DR SOUVENIR DR PINE PL PINE PL WINDSOR DR WINDSOR DR BYRAM DR BYRAM DR POWDERHORN DR POWDERHORN DR ALGONQUIN DR ALGONQUIN DR NUGGET DR NUGGET DR WINDSOR PL WINDSOR PL STRATHMILL DR STRATHMILL DR HUNTINGTON LN HUNTINGTON LN CUMBERLAND LN CUMBERLAND LN PICARDY CIR PICARDY CIR TALISKER DR TALISKER DR BOWMORE DR BOWMORE DR BYRAM CIR BYRAM CIR -Not to Scale--Not a Survey-Rev. 11/14/2018 EXISTING SURROUNDING USES MAP Owner(s): Union Place, LLC Case: LUP2018-11006 REZ2018-11004 Site: 1625 Union Street Property Size(Acres): 4.88 Land Use Zoning PIN: 02-29-15-00000-120-0300 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 252B 38725* 98322 94545 87948 87966 98321 1 2 3 4 I H G G2021222324456 7 8 910 1112 13 14 1516171819 201345678910 1121 231234567 89 101112 13 1415161718 19 123456789101128 29 30 31 32 33 34 35 36 37 38 39 40 41 42 89 108 107 45 46 47 51 50 49 48 1 2 3 4 5 6 12 11 10 9 76 5 4 3 8 17 18 19 20 16 15 14 1 2 3 4 25 24 23 22 7 8910 19 18 17 16 15 14 13 4 5 6123 23 22 21 20 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 28 29 30 1 2 63 62 61 60 59 58 57 56 55 54 53 52 7 6 5 4 3 2 1 44 45 46 47 48 49 50 51 43 42 41 40 39 38 37 4544 47 48 49 50 5146 31 32 33 34 35 43 42 41 40 39 38 37 36 60 59 58 57 1 56 55 36 3 12345 6 7 8 9 10 11 12 131415161718 19 20 21 22 23 24 25 5 21/05 21/04 21/03 21/01 21/02 21/09 12/05 12/06 12/07 12/03 4 2.35 3.80 9 4.88 1.06 50 505050501050 50 10 43982 934301 2 3 4 5 6 7 8 9 10 24 25 26 27 28 29 61 60 59 58 57 51 35 52 34 53 33 54 32 55 31 56 30 68 67 66 65 64 63 62 61 60 59 58 33 47 48 49 50 51 52 53 54 55 56 57 34 46 45 44 43 42 41 40 39 38 37 36 35 1 2 345 678 91011 12 20 19 18 17 16 15 14 13 1 2 3 4 5 6 7 34/04 2.89 34/041 34/043 AC(C) AC(C)AC(C) AC AC AC(C) AC(C) 1 1 3 3 2 1 UNION ST N HIGHLAND AVE SOUVENIR DR PI N E PL BYRAM DR WINDSOR DR POWDERHORN DR ALGONQUIN DR WINDSOR PL NUGGET DR HUNTINGTON LN CUMBERLAND LN PICARDY CIR BYRAM CIR 1625-Not to Scale--Not a Survey-Rev. 11/15/2018 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Multi-Family Residential Single Family Residential LUP2018-11006, REZ2018-11004 Union Place, LLC 1625 Union Street View looking south at subject property, 1625 Union Street. West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Union Street View looking westerly along Union Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2018-11004 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District for 4.88 acres of property located at 1625 Union Street and pass Ordinance 9225-19 on first reading. (REZ2018-11004) SUMMARY: This Zoning Atlas amendment involves a 4.88-acre property on the south side of Union Street approximately ½ mile east of North Highland Avenue. The parcel is currently owned by Union Place, LLC which purchased the property in September 2018; however, the property is still being used as a place of worship by Mt. Zion United Methodist Church. The applicant is requesting to rezone the property from the Institutional (I) District to the Low Medium Density Residential (LMDR) District. The applicant has submitted a Future Land Use Map amendment (LUP2018-11006) which is being processed concurrently with this case. The proposed Low Medium Density Residential (LMDR) District is compatible with the surrounding zoning districts and single family uses that exist in the vicinity of the subject property. The requested amendment would allow the property to be redeveloped as a single-family subdivision. The applicant has submitted a preliminary plat for 27 lots (PLT2019-01001) which is currently being reviewed by the Development Review Committee. The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·The available uses in the Low Medium Density Residential (LMDR) District are compatible with the surrounding area. ·The proposed amendment will not adversely or unreasonably affect the use of other property in the area. ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and ·The proposed Low Medium Density Residential (LMDR) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. Page 1 City of Clearwater Printed on 2/15/2019 File Number: REZ2018-11004 The Community Development Board reviewed this application at its January 15, 2019 public hearing and made a unanimous recommendation of approval to the Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/15/2019 Ordinance No. 9225-19 ORDINANCE NO. 9225-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF UNION STREET APPROXIMATELY ½ MILE EAST OF NORTH HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1625 UNION STREET, CLEARWATER, FLORIDA 33755, FROM INSTITUTIONAL (I) TO LOW MEDIUM DDENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, 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, subject to the approval of the land use designation set forth in Ordinance 9224-19 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. Property Zoning District See attached Exhibit A; From: Institutional (I) To: Low Medium Density Residential (LMDR) (REZ2018-11004) Ordinance No. 9225-19 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 B ZONING MAP Owner(s): Union Place, LLC Case: LUP2018-11006 REZ2018-11004 Site: 1625 Union Street Property Size(Acres): 4.88 Land Use Zoning PIN: 02-29-15-00000-120-0300 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 252B 38725* 98322 94545 87948 87966 98321 1 2 3 4 I H G G2021222324456 7 8 910 1112 13 14 1516171819 201345678910 1121 231234567 89 101112 13 14 151617 18 19 123456789101128 29 30 31 32 33 34 35 36 37 38 39 40 41 42 89 108 107 45 46 47 51 50 49 48 1 2 3 4 5 6 12 11 10 9 76 5 4 3 8 17 18 19 20 16 15 14 1 2 3 4 25 24 23 22 7 8910 19 18 17 16 15 14 13 4 5 6123 23 22 21 20 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 28 29 30 1 2 63 62 61 60 59 58 57 56 55 54 53 52 7 6 5 4 3 2 1 44 45 46 47 48 49 50 51 43 42 41 40 39 38 37 4544 47 48 49 50 5146 31 32 33 34 35 43 42 41 40 39 38 37 36 60 59 58 57 1 56 55 36 3 12345 6 7 8 9 10 11 12 131415161718 19 20 21 22 23 24 25 5 21/05 21/04 21/03 21/01 21/02 21/09 12/05 12/06 12/07 12/03 4 2.35 3.80 9 4.88 1.06 50 5050505010505010 43982 934301 2 3 4 5 6 7 8 9 10 24 25 26 27 28 29 61 60 59 58 57 51 35 52 34 53 33 54 32 55 31 56 30 68 67 66 65 64 63 62 61 60 59 58 33 47 48 49 50 51 52 53 54 55 56 57 34 46 45 44 43 42 41 40 39 38 37 36 35 1 2 345 678910 11 12 20 19 18 17 16 15 14 13 1 2 3 4 5 6 7 34/04 2.89 34/041 34/043 AC(C) AC(C)AC(C) AC AC AC(C) AC(C) 1 1 3 3 2 1 UNION ST N HIGHLAND AVE SOUVENIR DR PI NE PL BYRAM DR WINDSOR DR POWDERHORN DR ALGONQUIN DR NUGGET DR WINDSOR PL HUNTINGTON LN CUMBERLAND LN PICARDY CIR BYRAM CIR I HDR MDR C 1625LMDR MHDR -Not to Scale--Not a Survey-Rev. 11/15/2018 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: January 15, 2019 AGENDA ITEM: F.2. CASE: REZ2018-11004 REQUEST: To amend the Zoning Atlas designation from Institutional (I) District to Low Medium Density Residential (LMDR) District GENERAL DATA: Applicant ......................... Lorrie Viola, Cardno Owner ............................. Union Place, LLC Location .......................... 1625 Union Street, approximately ¼ mile east of North Highland Avenue Property Size ................... 4.88 acres Background: This case involves a 4.88-acre property located on the south side of Union Street approximately ¼ mile east of North Highland Avenue. The request is to change the Zoning Atlas designation of the property from Institutional (I) to Low Medium Density Residential (LMDR). A request to amend the property’s future land use designation from Institutional (I) to Residential Urban (RU) is being processed concurrently with this case (see LUP2018-11006). The requested amendments would allow the property to redevelop as a residential development which is in scale, intensity and character with the overall neighborhood. Mt. Zion United Methodist Church is located on the parcel which was purchased by Union Place, LLC in September 2018. In total, there is approximately 30,000 square feet of development comprised of four one- and two-story buildings on the site. Currently, the property’s zoning district is Institutional (I). Maps 1 and 2 show the general location of the property and an aerial view of the amendment area. Community Development Board – January 15, 2019 REZ2018-11004- Page 2 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. To the east, south and west, there are single family neighborhoods. To the north across Union Street, which is in Dunedin city limits, are additional single family neighborhoods. Abutting the subject property to the west is a counseling center. Map 3 Community Development Board – January 15, 2019 REZ2018-11004- Page 3 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting Zoning Atlas designations are Institutional (I) and Low Medium Density Residential (LMDR). To the west, nearing the intersection of North Highland Avenue and Union Street are the Medium Density Residential (MDR), High Density Residential (HDR) and Medium High Density Residential (MHDR) Districts. Map 4 R-60 R-60 PRD R-60 Community Development Board – January 15, 2019 REZ2018-11004- Page 4 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policy of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. 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 the application of the Clearwater Community Development Code. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Applicable section of the Community Development Code which supports the proposed amendment: Division 2. Low Medium Density Residential District, Section 2-201. Intent and Purpose. The intent and purpose of the Low Medium Density Residential (“LMDR”) is to protect and preserve the integrity and value of existing, stable residential neighborhoods of low to medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need to revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Low Medium Density Residential (LMDR) District is compatible with the surrounding single family neighborhoods to the east, south and north and with the counseling center abutting to the west. The applicant has indicated that the property will be redeveloped with a residential subdivision adding new housing in an area that was developed primarily over 40 years ago and has recently submitted an application for a preliminary plat which is currently under review by the Development Review Committee. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Community Development Board – January 15, 2019 REZ2018-11004- Page 5 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of largely single family homes to the east, south, west and north. The abutting parcel to the west is a counseling center. The proposed use of the subject property of residential is compatible with the surrounding properties and neighborhood. The proposed Low Medium Density Residential (LMDR) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The proposed amendment will allow the property to redevelop as a single family subdivision, which is compatible with and in character with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Low Medium Density Residential (LMDR) zoning district is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the current development of the property under the present City Future Land Use Map designation was compared to the proposed development under the requested City Future Land Use Map designation (see Table 1). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. Community Development Board – January 15, 2019 REZ2018-11004- Page 6 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “I” Requested FLUM Designation “RU” Net Change Site Area 4.880 AC (212,572 SF) 4.880 AC (212,572 SF) Maximum Development Potential 0 DUs / 183 Beds1 138,172 SF2 0.65 FAR 36 DUs3 / 0 Beds4 0 SF5 0.40 FAR +36 DUs / -183 Beds -138,172 SF -0.25 FAR Notes: 1. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Only 29,872 SF is currently built on site (4 buildings). 3. Only 27 units are currently proposed on preliminary plat (PLT2019-01001). 4. Residential equivalent uses are not permitted through the consistent Low Medium Density Residential (LMDR) District. 5. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Medium Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is generally a decrease in development potential across the amendment. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with 36 detached dwellings to the maximum development potential of the existing Institutional (I) future land use category developed with a nonresidential use (138,172 SF place of worship). Additionally, a second analysis is provided that compares the existing amount of nonresidential development (29,872 SF place of worship) to the number of units proposed in the preliminary plat submitted by the applicant (27 units; PLT2019-01001). Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 4,443 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (9,374 gallons per day) and subtracting it from the potential utilization of a nonresidential use built out at the maximum square footage allowed by the current land use designation (13,817 gallons per day). When comparing the potable water utilization of the proposed number of dwelling units (27 units; 7,031 gallons per day) to the utilization of the existing nonresidential development (29,872 SF; 2,987 gallons per day) it shows that the proposed change could result in an increase in demand for potable water. The City’s current potable water demand is 10.42 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – January 15, 2019 REZ2018-11004- Page 7 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 1,917 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (9,137 gallons per day) and subtracting it from the potential utilization of a nonresidential use built out at the maximum square footage allowed by the current land use designation (11,054 gallons per day). When comparing the wastewater utilization of the proposed number of dwelling units (27 units; 6,583 gallons per day) to the utilization of the existing nonresidential development (29,872 SF; 2,390 gallons per day) it shows that the proposed change could result in an increase in demand for wastewater. The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 5.2 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in a decrease of 19.3 tons per year of solid waste generated. This is determined by taking the utilization of the proposed land use develop with the maximum number of dwelling units (91.2 tons per year) and subtracting it from the potential utilization of a nonresidential use built out at the maximum square footage allowed by the current land use designation (110.5 tons per year). When comparing the solid waste generated from the proposed number of dwelling units (27 units; 68.4 tons per year) to the solid waste generated by the existing nonresidential development (29,872 SF; 23.9 tons per year) it shows that the proposed change could result in an increase of solid waste generated. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Community Development Board – January 15, 2019 REZ2018-11004- Page 8 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Streets The subject property is located on the south side of Union Street approximately ¼ mile east of North Highland Avenue. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (507 trips) is calculated based on the traffic generation numbers for the Public/Semi-Public category (104 trips per day per acre), and the proposed number of trips under the Residential Low Medium (RLM) category would be 326 trips (67 trips per day per acre). This would be a decrease of up to 181 trips from the subject property. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of residential units would increase the demand on several public facilities when compared to the existing place of worship development; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Low Medium Density Residential (LMDR) District is consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – January 15, 2019 REZ2018-11004- Page 9 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District. Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9225-19 Resume Photographs of Site and Vicinity LOCATION MAP Owner(s): Union Place, LLC Case: LUP2018-11006 REZ2018-11004 Site: 1625 Union Street Property Size(Acres): 4.88 Land Use Zoning PIN: 02-29-15-00000-120-0300 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 252B UNION ST N KEENE RD SUNSET POINT RD NUGGET DR N HIGHLAND AVE ALGONQUIN DR SOUVENIR DR PINE PL SKY DR ELIZABETH LN BRENDLA RD TOWNSEND ST WINDSOR DR ASHTON ABBEY RD STARLIGHT DR POWDERHORN DR BYRAM DR BRAMPTON RD ERIN LN PICARDY CIR LITTLE NECK RD ELM PL DUNSTON COVE RD SUNRISE PL OAK PL WINDSOR PL STRATHMILL DR HUNTINGTON LN KRUSE LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/13/2018 AERIAL PHOTOGRAPH Owner(s): Union Place, LLC Case: LUP2018-11006 REZ2018-11004 Site: 1625 Union Street Property Size(Acres): 4.88 Land Use Zoning PIN: 02-29-15-00000-120-0300 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 252B UNION ST UNION ST N HIGHLAND AVE N HIGHLAND AVE SOUVENIR DR SOUVENIR DR PINE PL PINE PL WINDSOR DR WINDSOR DR BYRAM DR BYRAM DR POWDERHORN DR POWDERHORN DR ALGONQUIN DR ALGONQUIN DR NUGGET DR NUGGET DR WINDSOR PL WINDSOR PL STRATHMILL DR STRATHMILL DR HUNTINGTON LN HUNTINGTON LN CUMBERLAND LN CUMBERLAND LN PICARDY CIR PICARDY CIR TALISKER DR TALISKER DR BOWMORE DR BOWMORE DR BYRAM CIR BYRAM CIR -Not to Scale--Not a Survey-Rev. 11/14/2018 EXISTING SURROUNDING USES MAP Owner(s): Union Place, LLC Case: LUP2018-11006 REZ2018-11004 Site: 1625 Union Street Property Size(Acres): 4.88 Land Use Zoning PIN: 02-29-15-00000-120-0300 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 252B 38725* 98322 94545 87948 87966 98321 1 2 3 4 I H G G2021222324456 7 8 910 1112 13 14 1516171819 201345678910 1121 231234567 89 101112 13 1415161718 19 123456789101128 29 30 31 32 33 34 35 36 37 38 39 40 41 42 89 108 107 45 46 47 51 50 49 48 1 2 3 4 5 6 12 11 10 9 76 5 4 3 8 17 18 19 20 16 15 14 1 2 3 4 25 24 23 22 7 8910 19 18 17 16 15 14 13 4 5 6123 23 22 21 20 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 28 29 30 1 2 63 62 61 60 59 58 57 56 55 54 53 52 7 6 5 4 3 2 1 44 45 46 47 48 49 50 51 43 42 41 40 39 38 37 4544 47 48 49 50 5146 31 32 33 34 35 43 42 41 40 39 38 37 36 60 59 58 57 1 56 55 36 3 12345 6 7 8 9 10 11 12 131415161718 19 20 21 22 23 24 25 5 21/05 21/04 21/03 21/01 21/02 21/09 12/05 12/06 12/07 12/03 4 2.35 3.80 9 4.88 1.06 50 505050501050 50 10 43982 934301 2 3 4 5 6 7 8 9 10 24 25 26 27 28 29 61 60 59 58 57 51 35 52 34 53 33 54 32 55 31 56 30 68 67 66 65 64 63 62 61 60 59 58 33 47 48 49 50 51 52 53 54 55 56 57 34 46 45 44 43 42 41 40 39 38 37 36 35 1 2 345 678 91011 12 20 19 18 17 16 15 14 13 1 2 3 4 5 6 7 34/04 2.89 34/041 34/043 AC(C) AC(C)AC(C) AC AC AC(C) AC(C) 1 1 3 3 2 1 UNION ST N HIGHLAND AVE SOUVENIR DR PI N E PL BYRAM DR WINDSOR DR POWDERHORN DR ALGONQUIN DR WINDSOR PL NUGGET DR HUNTINGTON LN CUMBERLAND LN PICARDY CIR BYRAM CIR 1625-Not to Scale--Not a Survey-Rev. 11/15/2018 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Multi-Family Residential Single Family Residential LUP2018-11006, REZ2018-11004 Union Place, LLC 1625 Union Street View looking south at subject property, 1625 Union Street. West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Union Street View looking westerly along Union Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2018-12024 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3041 Grandview Avenue, 510 Moss Avenue and 3025 Merrill Avenue, and pass Ordinances 9232-19, 9233-19 and 9234-19 on first reading. (ANX2018-12024) SUMMARY: These voluntary annexation petitions involve 1.052 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 and have been connected to the city sanitary sewer 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. Page 1 City of Clearwater Printed on 2/15/2019 File Number: ANX2018-12024 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category to be assigned to 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 2/15/2019 Ordinance No. 9232-19 ORDINANCE NO. 9232-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3041 GRAND VIEW AVENUE, 510 MOSS AVENUE, AND 3025 MERRILL 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; 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. (ANX2018-12024) 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. 9232-19 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 ANX2018‐12024 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-001-0080 Lot 8, Block A 3041 Grand View Avenue The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 09-29-16-45144-015-0010 Lot 1, Block O 510 Moss Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No. Address 3. 09-29-16-82890-000-0010 Lot 1 3025 Merrill Avenue The above in, SLOAN’S ACRE as recorded in PLAT BOOK 42, PAGE 46, of the Public Records of Pinellas County, Florida. LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 053 F C D G B AH O J I 234 5 6 7 83 456 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 1516 17 18 3132 33 34 A B (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 31/ 5 33/02 1.4 34/02 1.4 33/01 AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD 601 511 505 600 7 1 2 906 807 801 906 809 8 0 1 8 0 6 707 815 923 808 708 800 300630133019301330063003301230003023300130073030301930803024300030263052302530183007300130123057510 701 602 607 901 904 8 0 0 50130773059307730523041 31073070307030413071304130703041304730313046305230123047307630463041306530473076303530103040308130463053303430293040307430253058300630653064305330633047304730713046306431043102305330763059305930583035310930693021304030753053303531003058307730353064307130403065-Not to Scale--Not a Survey-Rev.12/28/2018 PROPOSED ANNEXATION Owner(s): Multiple Owners Case: ANX2018-12024 Site: 3041 Grand View Avenue 510 Moss Avenue 3025 Merrill Avenue Property Size(Acres): ROW (Acres): 1.052 Land Use Zoning PIN: 09-29-16-45126-001-0080 09-29-16-45144-015-0010 09-29-16-82890-000-0010 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) Exhibit B Ordinance No. 9233-19 ORDINANCE NO. 9233-19 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 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3041 GRAND VIEW AVENUE, 510 MOSS AVENUE, AND 3025 MERRILL AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Properties Land Use Category See attached Exhibit A for Legal Descriptions. Residential Low (RL) (ANX2018-12024) 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. 9232-19. Ordinance No. 9233-19 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 ANX2018‐12024 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-001-0080 Lot 8, Block A 3041 Grand View Avenue The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 09-29-16-45144-015-0010 Lot 1, Block O 510 Moss Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No. Address 3. 09-29-16-82890-000-0010 Lot 1 3025 Merrill Avenue The above in, SLOAN’S ACRE as recorded in PLAT BOOK 42, PAGE 46, of the Public Records of Pinellas County, Florida. LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 053 F C D G B AH O J I 234 5 6 7 83 456 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 1516 17 18 3132 33 34 A B (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 31/ 5 33/02 1.4 34/02 1.4 33/01 AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD RL RL RL RLRL RL RL RL RL CG R/OS RL CG RU RU 601 511 505 600 7 1 2 801 906 809 8 0 1 8 0 6 707 815 923 808 708 800 30063013301930133006300330123000302330013007303030193080302430003026305230253018300730123057510 906 807 701 602 607 901 904 8 0 0 50130773059307730523041 310730703070304130713041307030413047303130463052301230473076304630413065304730763035301030403081304630533034302930403074302530583006306530643053306330473047307130463064310431023053307630593059305830353109306930013021304030753053303531003058307730353064307130403065-Not to Scale--Not a Survey-Rev.12/28/2018 PROPOSED FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2018-12024 Site: 3041 Grand View Avenue 510 Moss Avenue 3025 Merrill Avenue Property Size(Acres): ROW (Acres): 1.052 Land Use Zoning PIN: 09-29-16-45126-001-0080 09-29-16-45144-015-0010 09-29-16-82890-000-0010 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) Exhibit B Ordinance No. 9234-19 ORDINANCE NO. 9234-19 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 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3041 GRAND VIEW AVENUE, 510 MOSS AVENUE, AND 3025 MERRILL AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9232-19. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ANX2018-12024) Ordinance No. 9234-19 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 ANX2018‐12024 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-001-0080 Lot 8, Block A 3041 Grand View Avenue The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 09-29-16-45144-015-0010 Lot 1, Block O 510 Moss Avenue The above in KAPOK TERRACE FIRST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No. Address 3. 09-29-16-82890-000-0010 Lot 1 3025 Merrill Avenue The above in, SLOAN’S ACRE as recorded in PLAT BOOK 42, PAGE 46, of the Public Records of Pinellas County, Florida. LAKE LOUISE LAKE LOUISE 88245 45144 82890 45126 053 F C D G B AH O J I 234 5 6 7 83 456 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 1516 17 18 3132 33 34 A B (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 31/ 5 33/02 1.4 34/02 1.4 33/01 AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD 601 511 505 600 7 1 2 906 807 801 906 809 8 0 1 8 0 6 707 815 923 808 708 800 300630133019301330063003301230003023300130073030301930803024300030263052302530183007300130123057LMDR C OS/R 510 701 602 607 901 904 8 0 0 50130773059307730523041 31073070307030413071304130703041304730313046305230123047307630463041306530473076303530103040308130463053303430293040307430253058300630653064305330633047304730713046306431043102305330763059305930583035310930693021304030753053303531003058307730353064307130403065-Not to Scale--Not a Survey-Rev.12/28/2018 PROPOSED ZONING MAP Owner(s): Multiple Owners Case: ANX2018-12024 Site: 3041 Grand View Avenue 510 Moss Avenue 3025 Merrill Avenue Property Size(Acres): ROW (Acres): 1.052 Land Use Zoning PIN: 09-29-16-45126-001-0080 09-29-16-45144-015-0010 09-29-16-82890-000-0010 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) Exhibit B DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE HOYT AVE CHAMBLEE LN BORDEAUX LN WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD SAN JOSE ST SAN MATEO ST CALAIS LN TERRACE VIEW LN SAN BERNADINO ST ^-Not to Scale--Not a Survey-^ ^ Rev.12/27/2018 LOCATION MAP Owner(s): Multiple Owners Case: ANX2018-12024 Site: 3041 Grand View Avenue 510 Moss Avenue 3025 Merrill Avenue Property Size(Acres): ROW (Acres): 1.052 Land Use Zoning PIN: 09-29-16-45126-001-0080 09-29-16-45144-015-0010 09-29-16-82890-000-0010 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 TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE EWOLFE RD WOLFE RD THOMAS RD THOMAS RD -Not to Scale--Not a Survey-Rev.12/28/2018 AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2018-12024 Site: 3041 Grand View Avenue 510 Moss Avenue 3025 Merrill Avenue Property Size(Acres): ROW (Acres): 1.052 Land Use Zoning PIN: 09-29-16-45126-001-0080 09-29-16-45144-015-0010 09-29-16-82890-000-0010 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 88245 45144 82890 45126 053 F C D G B AH O J I 234 5 6 7 83 456 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 1516 17 18 3132 33 34 A B (14) 1 2 3 4 5 6 7 8 9 10 11 12 1 31/ 5 33/02 1.4 34/02 1.4 33/01 AC(C) AC(C) AC(C)MOSS AVE MERRILL AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE EWOLFE RD THOMAS RD 601 511 505 600 7 1 2 906 807 801 906 809 8 0 1 8 0 6 707 815 923 808 708 800 300630133019301330063003301230003023300130073030301930803024300030263052302530183007300130123057510 701 602 607 901 904 8 0 0 50130773059307730523041 31073070307030413071304130703041304730313046305230123047307630463041306530473076303530103040308130463053303430293040307430253058300630653064305330633047304730713046306431043102305330763059305930583035310930693021304030753053303531003058307730353064307130403065-Not to Scale--Not a Survey-Rev.12/28/2018 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2018-12024 Site: 3041 Grand View Avenue 510 Moss Avenue 3025 Merrill Avenue Property Size(Acres): ROW (Acres): 1.052 Land Use Zoning PIN: 09-29-16-45126-001-0080 09-29-16-45144-015-0010 09-29-16-82890-000-0010 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) Single Family Residential Single Family Residential View looking south at subject property, 3041 Grand View Avenue East of subject property West of the subject property Across the street, to the north of the subject property ANX2018-12024 Joseph C. Alfano 3041 Grand View Avenue View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue View looking west at subject property, 510 Moss Avenue South of subject property East of subject property, across Moss Avenue North of subject property, across Merrill Avenue ANX2018-12024 Saxony Company Inc. & others 510 Moss Avenue View looking northerly along Moss Avenue View looking southerly along Moss Avenue View looking south at subject property, 3025 Merrill Avenue East of subject property West of subject property North of subject property, across Merrill Avenue ANX2018-12024 Saxony Company Inc. & others 3025 Merrill Avenue View looking easterly along Merrill Avenue View looking westerly along Merrill Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2018-12023 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.4 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 1300 Idlewild Drive and pass Ordinances 9229-19, 9230-19, and 9231-19 on first reading. (ANX2018-12023) SUMMARY: This voluntary annexation petition involves 0.325 acres of property consisting of one parcel of vacant land. The parcel is located on the northeast corner of the intersection of Idlewild Drive and North Betty Lane, approximately 620 feet south of Union Street. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing city limits to the north, south, east and 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 lines are located in the adjacent Idlewild Drive and N. Betty Lane rights-of-way. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend to the City’s sewer main. Collection of solid waste will be provided to the property by the City. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. 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 2/15/2019 File Number: ANX2018-12023 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 subject property is currently vacant, and any future development must be consistent with the uses allowed in the District and meet 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 north, south, east and 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 2/15/2019 Ordinance No. 9229-19 ORDINANCE NO. 9229-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF IDLEWILD DRIVE AND NORTH BETTY LANE, APPROXIMATELY 620 FEET SOUTH OF UNION STREET, WHOSE POST OFFICE ADDRESS IS 1300 IDLEWILD DRIVE, CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The South 40 feet of Lot 6 and all of Lots 7 and 8, Block F, Brook Lawn, according to the map or plat thereof as recorded on the Plat Book 13, Page 59, Public Records of Pinellas County, Florida. (ANX2018-12023) 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. 9229-19 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 1206 46998 AB F G K LE 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 10 232425 20 21 22 232425 16 17 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 17 18 19 20 21 22 23 24 8 9 10 11 12 13 23 1 2 3 4 5 6 7 8 9 10 11 12 5 6 78 9 10 5 6 78 9 10 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 N BETTY LN IDLEWILD DR THE MALL POINSETTA AVE WOODLAWN TER PALM ST BERMUDA ST ARBELIA ST PINECREST WAY 2073 204412792064 2066 2017 20301277127112591267 13302079 2021 2060 12552069 2071 20221265 20311262 1322129012571283127312752020 133320671260 13102010128312621292 1265126712671291128412662020 2015 2066 128020491278 2022 12912035 12962040 2047 2031 2026 2049 2021 2043 2070 12872077 1259126512722048 2053 2027 2025 130012821295127712622057 2050 2056 20751274 127113011266132520721256 2026 2044 206320581266 2071 2000 20141271 204812791263 2028 202812931268 2067 127612642065 2063 2025 1999125620241270 20772076 2052 131712861310130020241255 2039 2064 2080 A 2068 A2068 B -Not to Scale--Not a Survey-Rev. 12/27/2018 PROPOSED ANNEXATION Owner(s): Philip Alessandro Case: ANX2018-12023 Site: 1300 Idlewild Drive Property Size(Acres): ROW (Acres): 0.325 Land Use Zoning PIN: 03-29-15-12060-006-0070 From : Residential Urban (RU) R-4, One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9230-19 ORDINANCE NO. 9230-19 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 NORTHEAST CORNER OF THE INTERSECTION OF IDLEWILD DRIVE AND NORTH BETTY LANE, APPROXIMATELY 620 FEET SOUTH OF UNION STREET, WHOSE POST OFFICE ADDRESS IS 1300 IDLEWILD DRIVE, CLEARWATER, FLORIDA 33755, 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 The South 40 feet of Lot 6, and all of Lots 7 and 8; Block F, Brook Lawn, according to the map or plat thereof as recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida. Residential Urban (RU) (ANX2018-12023) 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. 9229-19. Ordinance No. 9230-19 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 1206 46998 AB F G K LE 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 10 232425 20 21 22 232425 16 17 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 17 18 19 20 21 22 23 24 8 9 10 11 12 13 23 1 2 3 4 5 6 7 8 9 10 11 12 5 6 78 9 10 5 6 78 9 10 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 RU RU RU RU RU RU RMRU RU RM RU RU RU RU RU RU N BETTY LN IDLEWILD DR THE MALL POINSETTA AVE WOODLAWN TER PALM ST BERMUDA ST ARBELIA ST PINECREST WAY 204412792064 2066 2017 20301277127112591267 13302060 12552069 2071 20221265 2031 13221290128312752020 2067 13102010 126512671267129112842020 2015 2066 128020491278 2022 2035 12962040 2047 2026 2049 2043 2070 12872077 1259126512722053 2025 130012821295127712622057 2050 2056 20751274 12711301126613252072 2026 2044 2063 2071 2000 2014 204812791263 2028 2073 202812931268 2067 127612642065 2079 2021 2063 2025 199912561262202412571273 133312701260128312621292126620772076 12912031 2052 13172021 128613102048 2027 13002024125620581266 127112552039 2064 2080 A 2068 A2068 B -Not to Scale--Not a Survey-Rev. 12/28/2018 PROPOSED FUTURE LAND USE MAP Owner(s): Philip Alessandro Case: ANX2018-12023 Site: 1300 Idlewild Drive Property Size(Acres): ROW (Acres): 0.325 Land Use Zoning PIN: 03-29-15-12060-006-0070 From : Residential Urban (RU) R-4, One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Exhibit A Ordinance No. 9231-19 ORDINANCE NO. 9231 -19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF IDLEWILD DRIVE AND NORTH BETTY LANE, APPROXIMATELY 620 FEET SOUTH OF UNION STREET, WHOSE POST OFFICE ADDRESS IS 1300 IDLEWILD DRIVE, CLEARWATER, FLORIDA 33755, 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. 9229-19. Property Zoning District The south 40 feet of Lot 6, and all of Lots 7 & 8; Block F, Brook Lawn, according to the map or plat thereof as recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2018-12023) Ordinance No. 9231-19 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 1206 46998 AB F G K LE 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 10 232425 20 21 22 232425 16 17 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 17 18 19 20 21 22 23 24 8 9 10 11 12 13 23 1 2 3 4 5 6 7 8 9 10 11 12 5 6 78 9 10 5 6 78 9 10 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 N BETTY LN IDLEWILD DR THE MALL POINSETTA AVE WOODLAWN TER PALM ST BERMUDA ST ARBELIA ST PINECREST WAY LMDR MDR 2073 2028 204412792064 2066 1293126820171276203012641277127112591267 13302079 2021 2063 2060 12552069 2071 2022 19991265125620311262 1322202412901257 1283127312752020 1333127020671260 13102010128312621292 1265126712671291128412662020 2015 2066 128020491278 2022 12912035 12962040 2047 2031 2026 13172049 2021 12862043 2070 12872077 12591310126512722048 2053 2027 2025 13001282129512772024 12622057 2050 2056 20751274 12711301126613252072 12562026 2044 206320581266 2071 2000 20141271 204812791263 2039 2064 2028 2080 A 2068 A2068 B LMDR 2067 2065 2025 20772076 2052 13001255-Not to Scale--Not a Survey-Rev. 12/28/2018 PROPOSED ZONING MAP Owner(s): Philip Alessandro Case: ANX2018-12023 Site: 1300 Idlewild Drive Property Size(Acres): ROW (Acres): 0.325 Land Use Zoning PIN: 03-29-15-12060-006-0070 From : Residential Urban (RU) R-4, One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Exhibit A UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR WOODLAWN TER PALM ST STATE ST BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL ALPINE RD CHENANGO AVE FREEDOM DR IVA ST ALOHA LN COLES RD N EVERGREEN AVE BARBARA AVE SEDEEVA CIR S SPRINGTIME AVE PORT WAY PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 12/27/2018 LOCATION MAP Owner(s): Philip Alessandro Case: ANX2018-12023 Site: 1300 Idlewild Drive Property Size(Acres): ROW (Acres): 0.325 Land Use Zoning PIN: 03-29-15-12060-006-0070 From : Residential Urban (RU) R-4, One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR THE MALL THE MALL POINSETTA AVE POINSETTA AVE WOODLAWN TER WOODLAWN TER PALM ST PALM ST BERMUDA ST BERMUDA ST ARBELIA ST ARBELIA ST PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 12/27/2018 AERIAL PHOTOGRAPH Owner(s): Philip Alessandro Case: ANX2018-12023 Site: 1300 Idlewild Drive Property Size(Acres): ROW (Acres): 0.325 Land Use Zoning PIN: 03-29-15-12060-006-0070 From : Residential Urban (RU) R-4, One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 1206 46998 AB F G K LE 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 10 232425 20 21 22 232425 16 17 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 17 18 19 20 21 22 23 24 8 9 10 11 12 13 23 1 2 3 4 5 6 7 8 9 10 11 12 5 6 78 9 10 5 6 78 9 10 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 N BETTY LN IDLEWILD DR THE MALL POINSETTA AVE WOODLAWN TER PALM ST BERMUDA ST ARBELIA ST PINECREST WAY 2073 204412792064 2066 2017 20301277127112591267 13302079 2021 2060 12552069 2071 20221265 20311262 1322129012571283127312752020 133320671260 13102010128312621292 1265126712671291128412662020 2015 2066 128020491278 2022 12912035 12962040 2047 2031 2026 2049 2021 2043 2070 12872077 1259126512722048 2053 2027 2025 130012821295127712622057 2050 2056 20751274 127113011266132520721256 2026 2044 206320581266 2071 2000 20141271 204812791263 2028 202812931268 2067 127612642065 2063 2025 1999125620241270 20772076 2052 131712861310130020241255 2039 2064 2080 A 2068 A2068 B -Not to Scale--Not a Survey-Rev. 12/27/2018 EXISTING SURROUNDING USES MAP Owner(s): Philip Alessandro Case: ANX2018-12023 Site: 1300 Idlewild Drive Property Size(Acres): ROW (Acres): 0.325 Land Use Zoning PIN: 03-29-15-12060-006-0070 From : Residential Urban (RU) R-4, One, Two, Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential View looking north at subject property, 1300 Idlewild Drive Abutting house, east of subject property View looking southerly along North Betty Lane Across the street, to the south of the subject property ANX2018-12023 Philip Alessandro 1300 Idlewilde Drive View looking westerly along Idlewild Drive View looking easterly along Idlewild Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5720 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Ratify and confirm an increase to Contract No. 900109 with Quorum Services LLC of Tampa, Fl in the amount of $62,261.00 for period January 1, 2018 through December 31, 2018, authorize an increase of $125,000.00 for period January 1, 2019 through December 31, 2019 for inspection services and authorize the appropriate officials to execute same. SUMMARY: Quorum Services LLC of Tampa, FL is currently providing inspection services for the Building Construction Services division of the Planning & Development Department. As the result of the bid process, this contract was originally approved by City Council in February 2017, in the amount of $400,000 to be split with a second contractor Joe Payne, Inc. with two, one-year extension options at the City’s discretion. In December 2018, the City Manager approved an increase of $40,000 to cover a high volume of inspections. A second increase of $62,261 was approved by the City Manager in January 2019 - to be ratified and confirmed in this action. Due to an increasing demand for services, the Planning & Development requests an increase of $125,000.00 of contract number 900109 to Quorum Services LLC of Tampa, Fl, to provide additional contract inspection and plan review staff for the current contract term of January 1, 2019 through December 31, 2019. All staff must possess the appropriate State of Florida DBPR license. City staff manages the daily inspection requests and plans review needs, contacting the companies to request and make available licensed professional inspectors as needed to maintain customer service levels. Inspections are promised the next business day and plan reviews have been expedited as well. To maintain these city goals, it is necessary to engage these vendors to keep business timely. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0101420-530300 (Contractual Services) and Special Program 98609, Foreclosure Registry - Nuisance Abatement, to fund this contract increase. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/15/2019 File Number: ID#19-5720 Page 2 City of Clearwater Printed on 2/15/2019 MONTH 2014 2015 2016 2017 2018 2019 Grand Total Jan 1792 2202 1982 2436 2679 2143 12635 Feb 1922 2100 2266 2526 2518 11332 Mar 1964 2396 2473 2873 2725 12431 Apr 2103 2293 2289 2254 2653 11592 May 1952 2436 2312 2600 2814 12114 Jun 2130 2427 2432 2528 2757 12274 Jul 2085 2281 2148 2372 2570 11456 Aug 2250 2325 2622 2839 3067 13103 Sep 1999 2262 2168 1895 2446 10770 Oct 2412 2380 2466 2418 3221 12897 Nov 1984 1993 2383 2610 2843 11813 Dec 2129 2427 2641 2508 2474 12179 Totals 24722 27522 28182 29859 32767 2143 144596 Inspections by Month and Year Inspections by Year MONTH 2014 2015 2016 2017 2018 2019 Jan 1792 2202 1982 2436 2679 2143 Feb 1922 2100 2266 2526 2518 Mar 1964 2396 2473 2873 2725 Apr 2103 2293 2289 2254 2653 May 1952 2436 2312 2600 2814 Jun 2130 2427 2432 2528 2757 Jul 2085 2281 2148 2372 2570 Aug 2250 2325 2622 2839 3067 Sep 1999 2262 2168 1895 2446 Oct 2412 2380 2466 2418 3221 Nov 1984 1993 2383 2610 2843 Dec 2129 2427 2641 2508 2474 Totals 24722 27522 28182 29859 32767 2143 500 400 N 300 0 200 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT Posr Onam Box 4748. CLI ARWAILR, FLORIDA 33758-4748 MUNICIPAL. SERVICES BUILDING, 100 SOUTH MYRTI.F. AVENUE, CI.EARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 Issued Permits by Project Value and Fiscal Year 1/1/2014 - 1/31/2019 Total Project Value (in Millions) of Issued Permits by Fiscal Year 100 - 0 2014 2015 2016 2017 2018 2019 Fiscal Year Total Project Value in Millions by Fiscal Year Month 2014 2015 2016 2017 2018 2019 JAN 12.06 14.43 11.12 10.24 23.00 25.59 FEB 21.16 21.95 12.07 36.64 86.27 0.00 MAR 13.84 109.92 31.04 12.89 64.62 0.00 APR 40.33 18.38 12.64 15.26 56.89 0.00 MAY 15.64 23.38 10.14 25.09 20.87 0.00 JUN 12.71 148.07 19.69 14.69 27.18 0.00 JUL 17.54 19.78 38.08 16.63 41.46 0.00 AUG 39.83 35.12 19.03 20.24 36.44 0.00 SEP 10.89 12.30 20.22 11.20 58.28 0.00 OCT 0.00 16.81 15.02 64.78 14.30 22.96 NOV 0.00 11.19 59.01 17.88 20.11 14.81 DEC 0.00 9.33 10.97 26.32 19.23 34.39 TOTAL 183.99 440.67 259.03 271.87 468.66 97.75 Print Date: 2/14/2019 Page: 1 of 1 Building_PermitsByFYandProjValue EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 12000 10000 8000 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPART MENI POST OFFICE Box 1748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL. SERVICES BUDDING, 100 SOUTH MYRTT.E ANENT}, CLEARWATER, FLORIDA 337756 TELEPHONE (727) 562-4567 Permits Issued by Fiscal Year 1/1/2014 - 1/31/2019 N N 6000 4000 2000 0 2014 it 2015 2016 2017 2018 Fiscal Year Month 2014 2015 2016 2017 2018 2019 JAN 708 699 552 753 892 951 FEB 600 645 749 753 875 0 MAR 640 810 883 876 995 0 APR 778 791 795 911 1035 0 MAY 783 814 835 973 1133 0 JUN 689 860 927 853 1045 0 JUL 850 764 789 763 881 0 AUG 641 810 794 912 1057 0 SEP 667 729 784 666 858 0 OCT 0 822 727 789 914 983 NOV 0 574 634 700 828 807 DEC 0 681 647 705 734 798 TOTAL 6356 8999 9116 9654 11247 3539 Print Date: 2/14/2019 2019 Page: 1 of 1 Building_PermitslssuedByFY EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT Por OFFICE Box 4748, CLEARWATER, FWRmA 33758-4748 MUNICIPAL SERVICES BUIIDEVG, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 Revenue by Account Number and Fiscal Year 001000000322108000 - Master Building Permit Month 2014 2015 2016 2017 2018 JAN 245,775.79 406,953.65 135,241.70 161,745.54 375,555.72 FEB 180,347.80 189,718.10 328,344.36 248,697.44 195,411.25 MAR 196,374.42 361,442.54 305,546.51 218,353.76 298,892.50 APR 258,973.37 209,260.93 185,129.67 202,211.53 287,367.49 MAY 169,597.62 311,136.63 196,272.86 230,327.94 335,816.72 JUN 244,052.56 400,583.02 232,878.18 188,257.42 256,846.30 JUL 209,903.21 181,176.72 243,268.33 308,062.85 322,221.40 AUG 372,268.36 185,382.25 200,247.39 274,033.86 233,418.75 SEP 190,551.82 188,990.00 147,851.10 230,993.08 276,631.25 OCT 218,073.52 192,651.71 205,382.69 232,901.72 NOV 181,325.78 250,991.27 186,077.81 213,073.43 DEC 163,833.40 194,923.14 228,370.85 204,920.53 Total 2,067,844.95 2,997,876.54 2,613,346.22 2,682,514.77 3,233,057.06 2/14/2019 1 EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" RevenueByAcctFY Month 2019 JAN 215,279.20 FEB MAR APR MAY JUN JUL AUG SEP OCT 263,037.52 NOV 369,368.54 DEC 195,967.95 Total 1,043,653.21 2/14/2019 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 2 RevenueByAcctFY EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5705 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Authorize the purchase and/or rental of generators and transfer switches, replacement parts, and services, for an annual not-to exceed amount of $1,000,000 ($300,000 Building and Maintenance and $700,000 Public Utilities) through March 2021, in accordance with City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: Most purchases and rentals for Building & Maintenance’s and Public Utilities’ generator and transfer switches services and repairs, replacement parts, and load banking have been made as sole source buys direct from the manufacturers’ designated vendor or by piggybacking contracts. The authorizations for sole source and/or piggyback contracts have been brought to Council each time a specific expenditure is expected to exceed $100,000 within a single year, as required by Code. This request consolidates the authorization to utilized sole source manufacturers and distributors, as well as properly sourced piggyback contracts, not limited to the following: • Ring Power - Sole Source (distributor) Caterpillar engine and automatic transfer switch repair • Cummins, Inc - Sole Source Cummins engine and automatic transfer switch repair • Ring Power - Piggyback generator rentals contract, various types and sizes Pasco County Contract #120617-CAT, expires 1/29/2022 City of St. Petersburg Contract #210253, expires 3/31/2021 • Mid-Florida Diesel - Piggyback caterpillar engine and automatic transfer switch repair Hernando County #16-T00054/PH, expires 6/13/2019 (renewal option anticipated) Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization, and to engage additional vendors as needed. APPROPRIATION CODE AND AMOUNT: FY19 5666611-546500 - $300,000 FY19 3277327-563800-96664 - $700,000 Future fiscal year funds subject to annual budget approval USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2019 File Number: ID#19-5705 Page 2 City of Clearwater Printed on 2/15/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5732 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Clearwater Shuffleboard Club Stormwater Fee SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-5739 Agenda Date: 2/19/2019 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.1 SUBJECT/RECOMMENDATION: Service Award SUMMARY: January Employee of the Month - Joel Delatorre-Castellanos Page 1 City of Clearwater Printed on 2/15/2019