04/18/2019Thursday, April 18, 2019
6:00 PM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Council Chambers - Main Library
City Council
Meeting Agenda
April 18, 2019City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to address the Council, please complete a
Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When
recognized, please hand your card to the Clerk, approach the podium and state your name. Persons
speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public
Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for
a group may speak for 3 minutes plus an additional minute for each person in the audience that waives
their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain
the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be
allowed for an agenda item. No person shall speak more than once on the same subject unless
granted permission by the City Council. The City of Clearwater strongly supports and fully complies
with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting
if you require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using cell phones and electronic devices during the meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.)
4.1 April Service Awards
4.2 Donate Life Month Proclamation - Janet Weinstein, Volunteer with LifeLink
Foundation
4.3 Alcohol Awareness Month Proclamation - Dianne L. Clarke, PhD, CEO of
Operation PAR, Inc.
5. Approval of Minutes
5.1 Approve the minutes of the April 4, 2019 City Council Meeting as submitted in
written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
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April 18, 2019City Council Meeting Agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior to
the meeting. The Mayor will provide an opportunity for a Councilmember
or a member of the public to ask that an item be pulled from the Consent
Agenda for discussion. Items pulled will receive separate action. All
items not removed from the Consent Agenda will be approved by a
single motion of the council.
7.1
Approve Agreement No. 8 with Ultimate CNG, LLC for daily temporary mobile
CNG fueling service for Clearwater Gas in Clearwater, FL, approve an increase
to Purchase Order No. 18001102 in the amount of $106,000 for the period April
27, 2019 through May 31, 2019, and authorize the appropriate officials to
execute same. (consent)
7.2
Approve a Mutual Use Agreement with Tampa Bay Water for the installation of
natural gas distribution mains and authorize the appropriate officials to execute
same. (consent)
7.3
Approve a Contract with Magnolia River Services, Inc., in the amount of
$27,000, for the period May 1, 2019 through April 30, 2020, with the option of
four one-year renewals in the amount of $3,000 per year, to provide gas system
flow rate and modeling analysis and authorize the appropriate officials to
execute same. (consent)
7.4 Approve the contract between the City of Clearwater and Eastbourne
Investments Inc. to relocate the current onsite health clinic from the current
location of Suite 240 to Suite 400 within the Powell Professional Center at 401
Corbett Street, Clearwater for a cost not-to-exceed $400,230 for the five-year
period beginning June1, 2019 through May 31, 2024; approve relocations
expenses of not-to-exceed $53,000; and authorize the appropriate officials to
execute same. (consent)
7.5 Approve a Sublease Agreement between the City of Clearwater and the
Clearwater Regional Chamber of Commerce and the State of Florida, Bureau
of Public Land Administration, Division of State Lands for use of the Florida
Department of Transportation Building and property located at 3204 Gulf to Bay
Boulevard to allow for the Clearwater Regional Chamber of Commerce to utilize
said property as a visitor center and for trailhead facilities and authorize the
appropriate officials to execute same. (consent)
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April 18, 2019City Council Meeting Agenda
7.6 Approve an agreement with Axon, Incorporated, of Scottsdale, AZ, in the
amount of $114,000.00, for interview room recording equipment and licensing,
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)
7.7 Approve a Contract (Blanket Purchase Order) to Goodyear Commercial Tire
and Service and Monro Muffler Brake for an amount not to exceed $670,000
annually for the purchase of Goodyear tire products and services for city
motorized equipment through March 31, 2024, in accordance with Sec.
2.564(1)(d), Code of Ordinances - Other government bid and authorize the
appropriate officials to execute same. (consent)
7.8 Request authority to settle case of City of Clearwater v. Carolyn Curry, Case
No. 18-6008-CI. (consent)
7.9 Request for authority to settle Pinellas County Case Nos. 18-8364-CI and
18-8366-CI. (consent)
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 Approve the annexation, initial Future Land Use Map designation of
Residential/Office General (R/OG) and initial Zoning Atlas designation of Office
(O) District for 2233 Nursery Road and an unaddressed parcel abutting to the
south, and pass Ordinances 9250-19, 9251-19, and 9252-19 on first reading.
(ANX2019-02004)
8.2 Approve the annexation, initial Future Land Use Map designation of US
19-Neighborhood Center (US 19-NC) and initial Zoning Atlas designation of US
19 District for an unaddressed parcel located on the southwest corner of
Nursery Road and US Highway 19 North, together with all abutting Nursery
Road right-of-way; and pass Ordinances 9253-19, 9254-19 and 9255-19 on first
reading. (ANX2019-02005)
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April 18, 2019City Council Meeting Agenda
8.3 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1763 Ragland Court, together with all
right-of-way of Ragland Court; and pass Ordinances 9262-19, 9263-19 and
9264-19 on first reading. (ANX2019-02008)
8.4 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 1767 Cardinal Drive, and pass Ordinances
9259-19, 9260-19, and 9261-19 on first reading. (ANX2019-02007)
8.5
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 800 Moss Avenue and 3046 Grand View
Avenue, and pass Ordinances 9256-19, 9257-19, and 9258-19 on first reading.
(ANX2019-02006)
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9265-19 on second reading, vacating a 10 foot by 75 foot
portion of a platted utility easement lying in Lot 32, Skycrest Greens Addition, as
recorded in Plat Book 69, Page 6, of the Public Records of Pinellas County,
Florida.
10. City Manager Reports
10.1 Ratify and confirm an amendment to the ICMA Administrative Services
Agreement for the 401a Money Purchase Pension Plan and the 457 Deferred
Compensation Plan, authorize a payment of $57,900 to ICMA and authorize the
appropriate officials to execute same.
10.2 Approve co-sponsorship and waiver of requested city fees and service charges
for special events including seven annual city events produced by Parks and
Recreation Department and twenty-four city co-sponsored events produced by
others, at an estimated General Fund cost of $629,140 ($107,750 cash
contributions and $521,390 in-kind contributions) and Enterprise Fund cost of
$44,930, for the purposes of Fiscal Year 2019/20 departmental budget
submittals.
11. City Attorney Reports
12. Closing comments by Councilmembers (limited to 3 minutes)
13. Closing Comments by Mayor
14. Adjourn
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April 18, 2019City Council Meeting Agenda
Page 6 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-5894
Agenda Date: 4/18/2019 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
April Service Awards
SUMMARY:
March 2019 Employee of the Month - David Prior, Police Department
Page 1 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-5988
Agenda Date: 4/18/2019 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Donate Life Month Proclamation - Janet Weinstein, Volunteer with LifeLink Foundation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-5989
Agenda Date: 4/18/2019 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Alcohol Awareness Month Proclamation - Dianne L. Clarke, PhD, CEO of Operation PAR, Inc.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-5999
Agenda Date: 4/18/2019 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the April 4, 2019 City Council Meeting as submitted in written
summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/17/2019
City Council Meeting Minutes April 4, 2019
Page 1
City of Clearwater
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, April 4, 2019
6:00 PM
Council Chambers - Main Library
City Council
Draft
City Council Meeting Minutes April 4, 2019
Page 2
City of Clearwater
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Jay Polglaze,
Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and
Councilmember David Allbritton
Also Present: Jill Silverboard – Deputy City Manager, Micah Maxwell – Assistant
City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City
Clerk, and Nicole Sprague – Official Records & Legislative Services Coordinator.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order – Mayor Cretekos
The meeting was called to order at 6:00 p.m. in Council Chambers at the
Main Library.
2. Invocation – Rev. Dr. Rhonda Blevins from Chapel by the Sea 3. Pledge of Allegiance – Councilmember Hamilton
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) – Given.
4.1 Civitan Awareness Month Proclamation, April 2019 – Amy Monfre, Clearwater Civitan Club, President
4.2 Workzone Safety Awareness Week Proclamation, April 8-12, 2019 – Rick Osorio, Risk
Management
4.3 Neighborly Care - David Iomaka, Executive Director
Mr. Lomaka reviewed the services provided by Neighborly Care Network and
thanked the community and volunteers for their continued support.
4.4 Tampa Bay Estuary Update - Ed Sherwood, Director TBEP
Mr. Sherwood provided a PowerPoint presentation and thanked the City for Draft
City Council Meeting Minutes April 4, 2019
Page 3
City of Clearwater
its participation and continued support. 5. Approval of Minutes
5.1 Approve the March 21, 2019 City Council Meeting Minutes as submitted in written
summation by the City Clerk.
Councilmember Hamilton moved to approve the March 21, 2019 City
Council Meeting Minutes as submitted in written summation by the
City Clerk. The motion was duly seconded and carried
unanimously.
6. Citizens to be heard re items not on the agenda
Lisa Lanza questioned why Ruth Eckerd Hall was selling beer
and wine from a kiosk at a recent Blast Friday and if a Request for Proposal
was issued for Blast Friday events. She also asked that consideration be
given to organize a Clearwater Bay or Clearwater Harbor estuary
program.
Sabrene Ahmad expressed concerns with light pollution and provided
suggestions on how all can reduce light pollution.
Lazaria Henkel thanked the City for the parking improvements on
Clearwater Beach but expressed concerns with the 2-hour
parking limit near the Clearwater Beach Recreation Center.
John Brushwood said his Capstone research project on implementing
single-member districts in Clearwater showed that 80% of phone survey
respondents had a favorable view on single-member districts. He will be
presenting his report on April 15 to a review panel at St. Petersburg
College.
7. Consent Agenda – Approved as submitted.
7.1 Approve a Contract for Purchase of Real Property by the City of Clearwater of certain real
property owned by The School Board of Pinellas County, Florida, with a purchase price of
$1,800,000 and total expenditures not to exceed $1,825,000; authorize the appropriate
officials to execute same, together with all other instruments required to affect closing;
and approve the transfer of $1,825,000 from general fund reserves at mid-year to cover
the cost of the purchase. (consent) Draft
City Council Meeting Minutes April 4, 2019
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City of Clearwater
7.2 Approve a Contract with Olameter DPG, LLC, in the annual amount of $600,000, with the
option for two, one-year term extensions, to provide natural gas line locating services and
authorize the appropriate officials to execute same. (consent)
7.3 Approve grant funds awarded to the City from Clearwater for Youth, in the amount of
$18,000 for a flag football league and track program to serve local youth and establish a
special program, G1907 - Clearwater for Youth Grants, for these funds at mid-year.
(consent)
7.4 Approve a Business Lease Contract between the City of Clearwater and Lutheran
Services Florida, Inc. for the use of city-owned properties located at 701 N Missouri
Avenue and authorize the appropriate officials to execute same. (consent)
7.5 Approve a Business Lease Contract between the City of Clearwater (City) and Hope
Academy International, LLC for the use of a city-owned lot located at 918 Palmetto
Avenue and authorize the appropriate officials to execute same. (consent)
7.6 Approve amendment one to Joint Partnership Agreement (JPA) between Pinellas County
and the City of Clearwater for the South Myrtle Avenue from Clearwater Largo Road to
Belleair Road Drainage Project (17-0059-UT) extending the expiration date to April 2021
and increasing estimated costs by $29,082.90 and authorize the appropriate officials to
execute same. (consent)
7.7 Approve an Engineer of Record (EOR) Work Order to Jones Edmunds of Tampa, FL, in
the amount of $163,000 for the Marshall Street (MS) Water Reclamation Facility (WRF)
Blend Tank Mixer project (18-0057-UT), and authorize the appropriate officials to execute
same. (consent)
7.8 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 1005 N Old Coachman Road and authorize the appropriate officials to execute same.
(consent)
7.9 Approve the agreement between Dunedin Blue Jays and the City of Clearwater Fire and
Rescue Department to provide emergency medical services at Jack Russell Stadium for
2019 baseball events as outlined in the agreement and authorize the Fire Chief of
Clearwater Fire and Rescue to execute same. (consent)
7.10 Approve the 2019 Emergency Medical Services ALS First Responder Growth
Management Agreement between Pinellas County and City of Clearwater to implement
EMS growth management strategies and authorize the appropriate officials to execute
same. (consent) Draft
City Council Meeting Minutes April 4, 2019
Page 5
City of Clearwater
7.11 Authorize surplus disposition of identified vehicles via auction to the highest bidder
pursuant to City Code Section 2.622, Surplus Personal Property, and authorize the
appropriate officials to execute same. (consent)
7.12 Reappoint Sallie Parks to the Sister Cities Advisory Board with a term to expire April 30,
2022. (consent)
7.13 Elect Councilmember Cundiff to serve as Vice Mayor. (consent)
7.14 Schedule a special council meeting on May 14, 2019 at 2:00 p.m. for the purpose of
holding a strategic planning session. (consent)
7.15 Request authority to institute a civil action on behalf of the City against R.J. Kielty
Plumbing, Heating and Cooling, Inc. to recover $3,232.77 for damages to city property.
(consent)
7.16 Request authority to institute a civil action on behalf of the City against Diversified
Landscape Maintenance and Construction, Inc. to recover $1,936.05 for damages to city
property. (consent)
7.17 Appoint Councilmembers as representatives to serve on Regional and Miscellaneous
Boards.(consent)
7.18 Request authority to settle case of City of Clearwater v. Eva Long, Case No. 18-5969-CI.
(consent)
Councilmember Allbritton moved to approve the Consent Agenda
as submitted and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings
8.1 Approve the request from the owner of property addressed as 1416 Leo Lane E. to
vacate a 10-ft. by 75-ft. portion of a platted Utility Easement lying in Lot 32, Skycrest
Greens Addition, as recorded in Plat Book 69, Page 6 of the Public Records of Pinellas
County, Florida, and pass Ordinance 9265-19 on first reading.
The property owner at 1416 Leo Lane E., Clearwater, has requested that the Draft
City Council Meeting Minutes April 4, 2019
Page 6
City of Clearwater
City vacate 10 feet of a platted Utility Easement along the rear of their property.
The purpose of this vacation will be to allow the homeowner’s existing pool &
pool deck not to encumber into the easement.
There are no utilities present within this easement. All city departments have
reviewed this vacation and have no objection.
Councilmember Polglaze moved to approve the request from the
owner of property addressed as 1416 Leo Lane E. to vacate a 10-ft.
by 75-ft. portion of a platted Utility Easement lying in Lot 32,
Skycrest Greens Addition, as recorded in Plat Book 69, Page 6 of
the Public Records of Pinellas County, Florida. The motion was duly
seconded and carried unanimously.
Ordinance 9265-19 was presented and read by title only. Vice Mayor
Cundiff moved to pass Ordinance 9265-19 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
8.2 Declare surplus for conveyance to the City of Clearwater Community Redevelopment
Agency (CRA), certain real property located at 115 S. Martin Luther King Jr. Ave, for
redevelopment purposes. (APH)
In October 2003, the City of Clearwater acquired the subject property via
Warranty Deed, as recorded in O.R Book 13185, Page 1820. et. seq., Public
Records of Pinellas County, Florida.
An independent appraisal was performed on the property on April 18th, 2018 by
Jim Millspaugh and Associates. The appraisal report determined that the fair
market value of the property is $415,000.00.
The CRA Director has requested that the property be declared surplus for
transfer to the CRA. City Staff recommends City Council approval of the CRA
proposal, whereby the CRA purchases the property from the City with a sales
price of $300,549.11. The City Finance Director and the CRA Director have
mutually agreed to the purchase price as said purchase price will make the City
whole as to its investment in the property.
The CRA’s intent is to assemble the parcel with the CRA-owned parcel directly
adjacent to the East and issue a Request for Proposals from developers.
City stakeholders have reviewed and support declaring the property surplus.
One individual questioned how long the Community Redevelopment Draft
City Council Meeting Minutes April 4, 2019
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City of Clearwater
Agency would have the site before it is redeveloped.
Councilmember Hamilton moved to declare surplus for conveyance
to the City of Clearwater Community Redevelopment Agency (CRA),
certain real property located at 115 S. Martin Luther King Jr. Ave, for
subsequent sale by the CRA for redevelopment purposes. The
motion was duly seconded and carried unanimously.
8.3 Declare surplus for conveyance to the City of Clearwater Community Redevelopment
Agency (CRA), certain real property located at the Southwest Corner of Prospect Avenue
and Park Street, legally described as Tract 3 of the Plat Mediterranean Village in the
Park, as recorded in Plat Book 125, Pages 44-46 of the Public Records of Pinellas
County, Florida, for redevelopment purposes. (APH)
In July 1999, the City of Clearwater acquired, via a HUD grant (Grant), the
.41-acre property along with 3 other parcels to utilize in the Prospect Lake
Project for Stormwater utilities.
The City was able to complete the Prospect Lake Project on less land than
originally expected, resulting in excess land being encumbered by the Grant
restrictions. To free up the land for redevelopment, the prorated portion of the
Grant needed to be reimbursed to HUD. The City has reimbursed HUD a net
expenditure of $82,774.68 for this property and is now free of any HUD
restrictions or obligations.
An independent appraisal was performed on the property on June 7th, 2018 by
Jim Millspaugh and Associates. The appraisal report determined that the fair
market value of the lot is $260,000.00.
The Community Redevelopment Agency (CRA) Director has requested that the
property be declared surplus for transfer to the CRA. City Staff recommends
City Council approval of the CRA proposal, whereby the CRA purchases the
property from the City with a sales price of $260,000.00.
The CRA’s intent is to issue a Request for Proposals to seek redevelopment
opportunities for the site.
City stakeholders have reviewed and support declaring the property surplus.
Councilmember Allbritton moved to Declare surplus for conveyance
to the City of Clearwater Community Redevelopment Agency (CRA), Draft
City Council Meeting Minutes April 4, 2019
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City of Clearwater
certain real property located at the Southwest Corner of Prospect
Avenue and Park Street, legally described as Tract 3 of the Plat
Mediterranean Village in the Park, as recorded in Plat Book 125,
Pages 44-46 of the Public Records of Pinellas County, Florida, for
subsequent sale by the CRA for redevelopment purposes. The
motion was duly seconded and carried unanimously.
8.4 Declare surplus for conveyance to City of Clearwater Community Redevelopment Agency
(CRA), certain real property located at the SW Corner of Cleveland St. and S. Dr. Martin
Luther King Jr. Ave., legally described as; the North 282.5 feet of the East 50 feet of
Block 5, according to the plat of Sarah McMullen’s Subdivision, as recorded in Plat Book
1, Page 41, Public Records of Pinellas County, Florida; together with all that part of the
West 90 feet of the East 110 feet of the Northwest ¼ of the Northwest ¼ of Section 15,
Township 29 South, Range 15 East, which lies between Eastwardly projections of the
North and South Boundaries of the part of said Block 5 thus defined, less and except any
road rights-of-way. (APH)
In August 2018, the City of Clearwater acquired the .73-acre unimproved lot via
a multi-property land swap.
An independent appraisal was performed on the property on March 21, 2018 by
Jim Millspaugh and Associates. The appraisal report determined that the fair
market value of the property is $640,000.00.
The CRA Director has requested the property be declared surplus for transfer
to the CRA. City Staff recommends City Council approval of the CRA proposal,
whereby the CRA purchases the property from the City with a sales price of
$364,782.89. The City Finance Director and the CRA Director have mutually
agreed to the purchase price as said purchase price will make the City whole
as to its investment in the property. The CRA’s current plans are to utilize the
property for a public parking lot to support downtown development.
The CRA intends to utilize the property for a public parking lot to support
downtown development.
City stakeholders have reviewed and support declaring the property surplus.
Councilmember Polglaze moved to declare surplus for conveyance
to City of Clearwater Community Redevelopment Agency (CRA),
certain real property located at the SW Corner of Cleveland St. and
S. Dr. Martin Luther King Jr. Ave., legally described as; the North
282.5 feet of the East 50 feet of Block 5, according to the plat of Draft
City Council Meeting Minutes April 4, 2019
Page 9
City of Clearwater
Sarah McMullen’s Subdivision, as recorded in Plat Book 1, Page 41,
Public Records of Pinellas County, Florida; together with all that
part of the West 90 feet of the East 110 feet of the Northwest ¼ of the
Northwest ¼ of Section 15, Township 29 South, Range 15 East,
which lies between Eastwardly projections of the North and South
Boundaries of the part of said Block 5 thus defined, less and except
any road rights-of-way. The motion was duly seconded and carried
unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9237-19 on second reading, annexing certain real property whose post
office address is 3143 Johns Parkway, Clearwater, Florida 33759, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9237-19 was presented and read by title only. Vice Mayor
Cundiff moved to adopt Ordinance 9237-19 on second and final
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.2 Adopt Ordinance 9238-19 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 3143 Johns Parkway, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 9238-19 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9238-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.3 Adopt Ordinance 9239-19 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 3143 Johns Parkway,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Draft
City Council Meeting Minutes April 4, 2019
Page 10
City of Clearwater
Ordinance 9239-19 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9239-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.4 Adopt Ordinance 9240-19 on second reading, annexing certain unaddressed real
property located approximately 820 feet south of Gulf to Bay Boulevard between 2991
Gulf to Bay Boulevard and Old Tampa Bay, Clearwater, Florida 33759, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
One individual questioned if the item before Council was submerged
land and a zoning change.
It was stated that the item was an annexation, not a zoning change.
Ordinance 9240-19 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 9240-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.5 Adopt Ordinance 9241-19 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain unaddressed
real property located approximately 820 feet south of Gulf to Bay Boulevard between
2991 Gulf to Bay Boulevard and Old Tampa Bay, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as US 19 Regional Center (US 19-RC).
Ordinance 9241-19 was presented and read by title only. Vice Mayor
Cundiff moved to adopt Ordinance 9241-19 on second and final
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.6 Adopt Ordinance 9242-19 on second reading, amending the Zoning Atlas of the city by
zoning certain unaddressed real property located approximately 820 feet south of Gulf to Draft
City Council Meeting Minutes April 4, 2019
Page 11
City of Clearwater
Bay Boulevard between 2991 Gulf to Bay Boulevard and Old Tampa Bay, Clearwater,
Florida 33759, upon annexation into the City of Clearwater, as US 19 (US 19) and
Preservation (P).
One individual questioned why the City does not use stormwater funds to
purchase lands within the floodplain.
It was stated the existing property owner is annexing into city limits and
has not listed the property for sale.
Ordinance 9242-19 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9242-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.7 Adopt Ordinance 9243-19 on second reading, annexing certain real properties whose
post office addresses are 3046 Merrill Avenue, 3035 Terrace View Lane, 3050 Glen Oak
Avenue North, 3012 and 3020 Lake Vista Drive, 3023 Grand View Avenue and 3077
Hoyt Avenue, all within Clearwater, Florida 33759, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
One individual spoke in opposition and stated he preferred residing in
unincorporated Pinellas County and questioned if he would be impacted
by increased property taxes or utility rates as result of being annexed into
city limits. He said he did not want to be annexed but the information he
received stated that if he chose not to annex, he would be billed as if he
were a city resident and would be given year to remove the septic tank
from the property at his expense versus the $900 fee to connect to city
sewer.
Deputy City Manager Jill Silverboard said staff can provide information
that would answer the individual's questions. The property is located in
one of the City's septic-to-sewer project areas. The goal of the
septic-to-sewer projects is to eliminate septic tanks. The City provides an
incentive that reduces the connection fee. She said it will cost the
property owner more monthly because he will no longer have a septic
tank and will be required to pay sewer disposal charges. Clearwater's
utility rates are higher than the current Pinellas County rate. Ms.
Silverboard said the property owner currently pays for city water at a
non-resident rate.
Draft
City Council Meeting Minutes April 4, 2019
Page 12
City of Clearwater
The City Attorney said the City cannot waive the cost for the individual
due to bond covenants.
It was stated, when annexed into Clearwater, the property owner would pay
Clearwater property taxes. As a county resident, the property owner
currently pays county property taxes and a MSTU (municipal service
taxing unit). Pinellas County does not provide sewer service.
Ordinance 9243-19 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9243-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.8 Adopt Ordinance 9244-19 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 3046 Merrill Avenue, 3035 Terrace View Lane, 3050
Glen Oak Avenue North, 3012 and 3020 Lake Vista Drive, 3023 Grand View Avenue and
3077 Hoyt Avenue, all within Clearwater, Florida 33759, upon annexation into the City of
Clearwater, as Residential Low (RL).
Ordinance 9244-19 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 9244-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.9 Adopt Ordinance 9245-19 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 3046 Merrill Avenue,
3035 Terrace View Lane, 3050 Glen Oak Avenue North, 3012 and 3020 Lake Vista
Drive, 3023 Grand View Avenue and 3077 Hoyt Avenue, all within Clearwater, Florida
33759, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Ordinance 9245-19 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9245-19 on
second and final reading. The motion was duly seconded and upon Draft
City Council Meeting Minutes April 4, 2019
Page 13
City of Clearwater
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.10 Adopt Ordinance 9266-19 on second reading, amending the Operating Budget for the
Fiscal Year ending September 30, 2019 to reflect increases and decreases in revenues
and expenditures for the General Fund, Special Development Fund, Special Program
Fund, Water and Sewer Fund, Marine Fund, Parking Fund, General Services Fund,
Administrative Services Fund and Garage Fund.
Ordinance 9266-19 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9266-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.11 Adopt Ordinance 9267-19 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2019, to reflect a net increase of
$5,811,509.
Ordinance 9267-19 was presented and read by title only. Vice Mayor
Cundiff moved to adopt Ordinance 9267-19 on second and final
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.12 Continued to a date uncertain: Deny a Future Land Use Map Amendment from the
Residential Low (RL) category to the Institutional (I) category for 2.61 acres of property
located at 1885 County Road 193 and deny Ordinance 9235-19 on second reading.
(LUP2018-11008)
The Community Development Board approved a request from the applicant to
continue this case to a date uncertain at their February 19, 2019 public hearing.
No Action taken.
9.13 Continued to a date uncertain: Deny a Zoning Atlas Amendment from the Low Medium Draft
City Council Meeting Minutes April 4, 2019
Page 14
City of Clearwater
Density Residential (LMDR) District to the Institutional (I) District for 2.61 acres of
property located at 1885 County Road 193 and deny Ordinance 9236-19 on second
reading. (REZ2018-12005)
The Community Development Board approved a request from the applicant to
continue this case to a date uncertain at their February 19, 2019 public hearing.
No Action taken. 10. City Manager Reports – None. 11. City Manager Verbal Reports
11.1 Provide direction for design of Imagine Clearwater.
In January of 2019 the City engaged Webb Management Services, Inc. to
provide a study to assess the feasibility of developing and operating a bandshell
in “The Green” portion of the Imagine Clearwater Master Plan.
The study was intended to be done in two parts, with this first part focusing on
the viability of a bandshell in terms of supply and demand issues in the
operating environment. This portion of the study included a review of project
related materials and studies, a look at the arts and entertainment sector as a
whole, an assessment of the market, a competitive analysis, interviews with
potential users, research on touring product potential for the region,
identification of potential operating, programming, and development partners,
determination of community benefits and impacts, and research of comparable
facilities.
In the initial phase of the work, which was presented February 25th, the
consultant provided a set of conclusions and recommendations on the potential
development of the facility and Council provided direction to the consultant to
inform his financial and operating model.
In second phase of the work, which was presented this past Monday, April 1st,
Mr. Webb provided his conclusions with a focus on a recommended operating
model, programming plan, staffing requirements, facility management plan,
pro-forma operating budget, and a critical path from planning through the start of
operations. Additionally, Staff and other various consultants provided
information on roofing, seating, and various financial issues.
The direction staff seeks this evening is:
1. Whether or not council wishes to pursue a retractable roof large enough to
cover 3,000 seats.
2. Whether or not council is comfortable with a rake generally consistent with
what is shown in the plan
3. Whether or not council is comfortable moving forward based on the financial Draft
City Council Meeting Minutes April 4, 2019
Page 15
City of Clearwater
information
4. Identify other areas of the current site plan that need you believe need further
discussion.
Stantec representative Darryl LeBlanc presented proposed designs for
an amphitheater with 3,000 28-inch wide chairs and a retractable roof.
In response to questions, Mr. LeBlanc said, as depicted with 28-inch wide
chairs, the aisle width between seating rows is 8 feet and the distance
from chairback to chairback is 3 feet and 8 inches. The consulting team
heard there was an interest for chairs with armrests and cup holders. The
flex area in front of house is crescent-shaped and is approximately 30 feet
from front of the stage to the first row of seats. He said the distance from
the first row to the last row is approximately 140 feet. The proposed
amphitheater design provides ADA access. Mr. LeBlanc said the total
seating capacity will be determined once the exact chair to be used is
identified. Assistant City Manager Micah Maxwell said the seating
capacity will not be known until the schematic design and operational
elements are defined; staff will target the total seating capacity Council
identifies tonight. Mr. LeBlanc said there is a section of roof that covers
beyond the last row of seats; theoretically, there is enough space for an
additional four rows of seating. The proposed retractable roof has four
vertical supports along the perimeter with exposed steel.
Discussion ensued with concerns expressed regarding the maintenance
costs associated with retractable roofs. Support was expressed for the
proposed 28-inch wide seats. Comment was made that a permanent
fixed roof would provide a shaded area when there is no programming. It
was suggested the width of the seats be reduced to a market trend seat
(19-25 inches wide).
Councilmember Polglaze moved to direct staff to proceed with an
amphitheater with a fixed permanent roof, no less than 4,000 seats. The
motion was duly seconded.
Mr. Maxwell said staff will come back to Council to approve a work order
with Stantec.
Six individuals spoke in support.
Six individuals spoke in opposition, with one individual requesting that Draft
City Council Meeting Minutes April 4, 2019
Page 16
City of Clearwater
additional standard reporting procedures be adopted for future city
concerts and that the profit-loss ratio for last year's concert activities at
Coachman Park be investigated.
The City Council recessed from 8:03 p.m. to 8:11 p.m.
In response to a question, Mr. Maxwell said the 2% rake is not constant
but a gentle slope that will go up and down.
The City Attorney recommended that the motion be amended if Council
wishes to include the rake in the direction being provided to staff.
Councilmember Allbritton moved to amend the motion to include:
"…with a rake consistent with the staff report." The motion was duly
seconded and carried unanimously.
Discussion ensued with comments made that industry professionals
recommended a venue with 4,000 seats, that the amphitheater project,
which is a small component of Imagine Clearwater, must move forward
and that the iconic structure will be enjoyed by tourists and residents
alike.
Upon the vote being taken, the motion carried, as amended,
unanimously.
Mr. Maxwell reviewed the proposed costs for the amphitheater. He said
the annual debt service is $1 million and the annual repair and
replacement costs are approximately $520,000 per year. The costs to
operate the amphitheater with bonding is approximately $8.8 million and
$3.8 million without bonding. These costs have not been budgeted; staff
will present to Council in the future the impact these costs would have to
the general fund.
In response to questions, Mr. Maxwell said the financial information does
not include any revenues for naming rights. The appraised value for the
developable upland parcels is currently just under $20 million and staff
intends to use those funds towards the overall plan costs. He said the
overall Imagine Clearwater costs, which does not include the amphitheater,
is approximately $40 million. Staff will schedule a council discussion Draft
City Council Meeting Minutes April 4, 2019
Page 17
City of Clearwater
regarding the pros and cons of the development strategy in the coming
weeks.
Comments were made that the proposed costs do not include any private
funding or fundraising.
Stantec consultant Kyle Steele provided a PowerPoint presentation of
the proposed site plan. Mr. Maxwell requested council feedback on
elements of the current site plan that need further discussion.
In response to questions, Mr. Maxwell said at this point no considerations
have been given to taking Drew Street over to Pierce Street. The City
Attorney said a referendum would be required if a paid attraction is
located below Osceola Avenue or a structure that is not specifically
permitted. Mr. Maxwell said a net zero parking scenario version would
require the limited access drive to be removed from the plan. The pedestrian
bridge is extending to the west and will remain over Cleveland Street. Mr.
Steele said the pedestrian bridge cannot be moved further to the east
because of the residences. The Gateway Plaza is at the same elevation as
the bridge that goes over Cleveland Street and connects at the upper
elevation of the Bluff. In this concept, Cleveland Street in this area
would be used as a turn around and drop off area. Mr. Maxwell said it
would separate the north and south bluff walks. Mr. Steele suggested
using the perimeter of the green for concessions; if spill-out is needed,
the hardscaped area could house additional concessions. Mr. Maxwell
said Council will revisit plan components impacting the Library.
It was requested that staff provide information regarding the parking
scenario options and design options for removing the pedestrian bridge.
12. City Attorney Reports – None. 13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Hamilton said he is glad to see the City moving forward with
the Imagine plans. He commented on the demolition of the Harborview
Center.
Councilmember Allbritton said he has been looking forward to the
Harborview Center coming down which will allow Coachman Park to be part
of downtown. Draft
City Council Meeting Minutes April 4, 2019
Page 18
City of Clearwater
Councilmember Polglaze said that at the end of the Imagine Clearwater
process, the area will be a proud place and destination.
Vice Mayor Cundiff thanked the individuals who took part in the process and
he appreciated all the comments. Coachman Park is going to be our second
neighborhood.
14. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events and thanked the
staff and volunteers who participated in this year's Neighborhoods Day. 15. Adjourn
The meeting adjourned at 9:13 p.m.
Mayor City of Clearwater
Attest City Clerk Draft
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rewards
Certified
Can -
Do
capabilities,
competencies
and
Functional
Intelligence.
College
Degrees' "
Conform &
Comply"
are
out.
Degrees
of
Competence
and
Functional
Intelligence
are
in.
Can
you
function
in
Context
with
a
Degree
of
Competence?
Ys
Ways
optimize
Functional
Intelligence (
Am -
IQ).
Do
you
have
the
Right
Stuff —
Literally'
Find
Out
oeuid.
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For
iYs &
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For
the
first
time
in
history,
the
city
of
Clearwater
is
in
the
position
to
attract
companies
to
Clearwater
offering
jobs
that
pay
36—$
48/
hour
while
reducing
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and
drug
use
within
Clearwater'
s
City
Limits.
Are
you
interested?
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6021
Agenda Date: 4/18/2019 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve Agreement No. 8 with Ultimate CNG, LLC for daily temporary mobile CNG fueling
service for Clearwater Gas in Clearwater, FL, approve an increase to Purchase Order No.
18001102 in the amount of $106,000 for the period April 27, 2019 through May 31, 2019, and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
Staff is requesting that Council extend the services provided by Ultimate CNG, LLC for a
five-week period starting April 27, 2019 through May 31, 2019, under Service Agreement #8.
Ultimate CNG is currently providing temporary Compressed Natural Gas (CNG) refueling
services, via a mobile CNG storage truck, at our filling station located at 1020 North Hercules
Avenue. Ultimate CNG has been providing this service since July 2018. The reason for their
extended service is due to failed attempts to repair our primary CNG compressor unit. The
initial failure occurred in July 2018, when parts on the compressor were damaged due to a
mechanical failure. Replacement parts were ordered from the manufacturer, Gardner Denver,
who are in England, UK. Unfortunately, when these parts arrived in August 2018, they did not
fix the problem, as oil was bypassing the cylinder heads and discharging into the receiving tank
causing the compressor to run low on oil. If left unattended, the compressor would run out of
oil and seize up causing massive damage to the entire unit.
Subsequently, a second set of parts were ordered and arrived in October 2018. Unfortunately,
the same problem was occurring after these parts were installed.
Upon recommendation of Trillium CNG, the maintenance contractor for the station, CGS
ordered a third set of parts in order to re-build the entire compressor head. This order would
replace all moving parts in the compressor assembly. Due to the long list of parts, it took
almost three months to arrive (from England) due to slow production from Gardner Denver.
Once the parts arrived in early March 2019, the rebuild was performed on March 15, 2019.
Unfortunately, the same problem was occurring with the oil bypassing the cylinder heads and
discharging into the receiving tank. Oil consumption was approximately 5 gallons/hour.
Currently, the unit is turned off and staff is working with Trillium and Gardner Denver to
determine next steps in repairing this unit. Management at Gardner Denver has advised staff to
change the oil to a higher viscosity, run and closely monitor oil consumption. The heavier oil
should help break in the new parts and stop the oil from passing through to the unit. It is
prudent to continue the services of Ultimate CNG until this issue is resolved and CGS has two
reliable compressors operating at the fueling station.
Page 1 City of Clearwater Printed on 4/17/2019
File Number: ID#19-6021
The long-term plan to resolve issues at the station is to purchase a third mobile CNG
compressor, which is currently on order and scheduled to arrive in August 2019. CGS also
plans to issue a Request for Proposal for a company to audit all operations and equipment. In
addition, the company would provide recommend changes to improve the overall station
operation for the next 10 years.
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. Agreement #6 and #7 were
approved on February 21, 2019 and March 21, 2019, respectively, in the amount of $84,800
each. If approved, this increase will set the total amount of the Purchase Order to $972,118.50.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in 4232078-531300.
Page 2 City of Clearwater Printed on 4/17/2019
ULTIMATE CNG, LLC
3185 Wheatland Farms Drive
Oakton, Virginia, 22124
[A04-02064 /224182/1]
Agreement #8
UCNG Daily Temporary Mobile CNG Fueling
Service for Clearwater Gas in Clearwater, FL
Service provided by Ultimate CNG LLC (UCNG) to Clearwater Gas: Deliveries at the Fueling Site
of compressed natural gas (CNG) by UCNG employees eleven (11) hours per day, five (5) days per
week, from 6:30 a.m. until 5:00 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, April 27, 2019 and continue through Friday, May 31, 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 five (5) week period. The UCNG Service Offering in this Purchase Order Proposal is expected
to commence on Saturday, April 27, 2019 and continue through Friday, May 31, 2019. The anticipated
cost is approximately $106,000.
The mobile CNG fueling services provided to Clearwater Gas by UCNG during this Engagement
Period shall consist of three cost components.
The first cost component is the dedicated use of the UCNG FuelMule™and a qualified UCNG
employee FuelMule™Operator during all Work Days throughout the Engagement Period.
Compression from the FuelMule™ will be available throughout each day and shall be used in
compression mode for up to eight hours of compression time during each Work Day.
The second cost component is the use of a primary UCNG Gas Transport Module (GTM) on-
site to assist with CNG fueling of the City of Clearwater Trucks and other large commercial
vehicles that come to the Station. A second GTM will also be made available to Clearwater
Gas and if so needed can also be utilized on-site during the Engagement Period as well.
a) The first cost component is a FuelMule™ Operation and Usage Fee of $18,500 per
Week. The Weekly FuelMule™Operation and Usage Fee includes:
ULTIMATE CNG, LLC
3185 Wheatland Farms Drive
Oakton, Virginia, 22124
[A04-02064 /224182/1]
Dedicated use of the UCNG FuelMule™as well as an UCNG employee FuelMule™
Operator each Work Day from 6:30 a.m. until 5:00 p.m. The FuelMule™will be
available for gas compression for up to eight hours per Work Day. All compression
hours required beyond eight hours per Work Day shall be Invoiced at $295.00 per hour.
b) The second cost component is a GTM Usage Fee of $700 per Week. The Weekly
GTM Usage Fee includes:
Dedicated use of a UCNG GTM. This Fee does not include the salary and benefits for
a weekly UCNG employee Fueling Technician/GTM Operator each Work Day from
6:30 a.m. until 5:00 p.m. The GTM will be available for dispensing high pressure
natural gas throughout each Work Day. An additional GTM can be made available for
another fee of $2,100 per week.
c) The third cost component is for a UCNG GTM Operator/Fueling Technician of $2,000
per Week.
Dedicated use of a UCNG employee Fueling Technician/GTM Operator from 6:30 a.m.
until 5:00 p.m. The GTM employee will be available for dispensing high pressure
natural gas into awaiting City of Clearwater Trucks and other large commercial
vehicles. This cost component will only be utilized during routine maintenance of
the FuelMule™unit or any other unforeseen events that require additional staffing
at the Clearwater fueling site.
The $21,200.00 Weekly Fueling Service Fee included as the first, second and third components
listed above will cover ALL costs associated with UCNG’s mobile CNG fueling service
including:
Daily use of multiple pieces of UCNG Equipment, including the UCNG
FuelMule™and UCNG GTM.
Capital depreciation, maintenance and wear and tear on all components of UCNG
equipment required to deliver natural gas to City of Clearwater Trucks and other
large commercial vehicles at the Fueling Site.
Salary and Benefits, daily transportation, overnight accommodations, per diem
expenses, etc. for two UCNG employees (FuelMule™Operator and GTM
Operator/ Fueling Technician) required to dispense CNG fuel into the City of
Clearwater Trucks and other large commercial vehicles each Work Day.
Insurance and all other associated UCNG mobile fueling costs.
Motor Fuels/Excise Tax:Any taxes associated with the acquisition, dispensing and consumption of
CNG pursuant to this agreement (sales, use and/or motor fuels taxes, excise tax, etc., excluding income
tax) shall be the responsibility of Clearwater Gas.
ULTIMATE CNG, LLC
3185 Wheatland Farms Drive
Oakton, Virginia, 22124
[A04-02064 /224182/1]
Term of the Agreement:The term of this Agreement (“Agreement #8”) shall commence on Saturday,
April 27, 2019 and continue through Friday, May 31, 2019, or longer as necessary and as agreed to by
both parties. Clearwater Gas may terminate by providing forty-eight (48)-hours written notice to
UCNG.
Payment Terms:Invoices will be prepared on a weekly basis. Payment terms are net 30 days from the
date of the Invoice.
Standard Terms that are attached hereto are incorporated as an integral part of this Agreement.
Agreed and accepted this ________ day of April, 2019.
Agreement for UCNG Daily Temporary Mobile CNG Fueling Service for Clearwater Gas
in Clearwater, FL (Agreement #8)
ULTIMATE CNG, LLC
By:________________________________
Brian P. Fimian
Chief Operations Officer
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________By:__________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________________________________________
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk
ULTIMATE CNG, LLC
3185 Wheatland Farms Drive
Oakton, Virginia, 22124
[A04-02064 /224182/1]
Standard Terms:
Minimum Term; Take or Pay.The parties agree that Client shall pay the fees set forth for: (i) a minimum
Term of 23 days, whether or not Client makes use of any of the fueling services and whether or not it
takes delivery of any CNG and (ii) each Weekly Service Fee the during the Term and the UCNG
Equipment Mobilization charge, whether or not Client makes use of the fueling services during such
delivery period and whether or not it takes delivery of any CNG. In the event fees are payable by Client
even though it does not make use of fueling services, the amounts payable are intended to be an estimate
of the amount that would be necessary to compensate UCNG for standing ready to provide the services
and for the actual damages (including without limitation loss of bargain) it would suffer if this
Agreement or the Term were terminated earlier than the end of the minimum Term. The parties
acknowledge and agree that the amount set forth above is a reasonable estimate of such actual damages.
Fueling Site.Client grants to UCNG, at no cost, a non-exclusive license to access and use the fueling
site during the Term (i) to supply UCNG’s equipment at the fueling site with natural gas, (ii) to use the
fueling site as contemplated hereby and in compliance with all applicable environmental, safety, land
use, zoning and other laws and regulations and (iii) to store UCNG’s GTMs and related delivery
equipment, and personal vehicles of UCNG’s personnel at the fueling site. Such license shall be
irrevocable during the Term. Such license is not gratuitous, but is given in exchange for the UCNG’s
undertakings in this Agreement. Client shall allow UCNG to limit access to UCNG’s equipment and
the immediate area surrounding it as reasonably required to ensure the safe and efficient operation of
the UCNG’s equipment.
Additional Payment Terms.Each invoice shall be deemed accurate in the absence of manifest error.
Any amount payable by Client under this Agreement and not paid when due shall bear interest, payable
on demand, until such past-due amount is paid in full at the rate of 12% per annum, provided that such
rate of interest shall not exceed the maximum rate permitted by applicable law.
Taxes.If any Sales Tax or Excise Tax is applicable to the transactions contemplated hereby, then Client
shall (i) pay to UCNG all Sales Taxes and Excise Taxes payable by Client and collectible by UCNG
as a result of the services and payments hereunder, (ii) pay directly to the relevant taxing authority
when due all Sales Taxes and Excise Taxes payable by it directly to a taxing authority as a result of the
services and payments hereunder and (iii) pay or reimburse UCNG promptly on demand for all Sales
Taxes and Excise Taxes payable by UCNG as a result of the services and payments hereunder. Such
payments shall be in addition to, and without deduction from or otherwise reducing, the compensation
payable hereunder. “Sales Tax” means any U.S. or foreign federal, state or local sales, use, value added,
transfer or similar tax, assessment or fee which is payable on the purchase and sale of goods generally
(with limited exceptions), but not including any Income Tax. “Excise Tax” means any U.S. or foreign
federal, state or local tax, assessment or fee which is payable as a result of the purchase, sale,
transportation, supply or use of CNG or uncompressed natural gas or the other transactions
contemplated hereby, but not including any Sales Tax or Income Tax. “Income Tax” means any U.S.
or foreign federal, state or local tax levied upon UCNG’s or Client’s net income, or levied upon its
gross receipts in lieu of a net income tax.
ULTIMATE CNG, LLC
3185 Wheatland Farms Drive
Oakton, Virginia, 22124
[A04-02064 /224182/1]
No Other Use.Client shall not, in any event, resell any compressed natural gas handled by UCNG or
use it for any purpose other than as transportation fuel for the vehicle into which it is delivered by
UCNG pursuant to this Agreement.
Service Provider Only; Force Majeure.UCNG shall not be responsible for delays, failures or omissions
arising out of causes beyond its control and not occasioned by UCNG’s fault or negligence, including
without limitation: acts of God, war, armed hostilities, riots, fires, floods, storms, freezing weather,
earthquakes, serious accidents, expropriation, condemnation or confiscation of property, governmental
acts or failure to act (whether or not under legal authority), interruption of natural gas supplies, change
in specifications of natural gas purchased by it, strikes or labor troubles or failure or delay in
transportation. Delays arising from the foregoing causes may be longer than the period of time such
cause (such as a strike, governmental shutdown or riots) existed.
The parties agree that a delay arising out of the causes referred to above will be material or indefinite
only if it exceeds one year.
Warranties; Limitations.
Client represents and warrants to UCNG that it has selected (and will select) all the vehicles that it
seeks to have UCNG refuel without any involvement on the part of UCNG, and that Client has
determined that the design, function, performance and specifications of such vehicles, their engines
and their fuel storage and delivery systems are suitable for Client’s purposes and consistent with CNG
that meets the standards and specifications set forth in this Agreement.
The parties agree that, in determining the foreseeability of any loss or damage arising out of any breach
of this Agreement, each will be charged only with such knowledge of the other’s business, requirements
and intended use of vehicles as has been formally disclosed to the other party in writing before making
this Agreement.
Amendment; No Waivers.Any provision of this Agreement may be amended or waived if, and only if,
such amendment or waiver is in writing and signed, in the case of an amendment, by each party hereto
or, in the case of a waiver, by the party against whom the waiver is to be effective. No failure or delay
by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor
shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise
of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and
not exclusive of any rights or remedies provided by law.
Integration.This Agreement constitutes the entire agreement among the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings and negotiations, both
written and oral, among any of the parties with respect to the subject matter of this Agreement.
Governing Law; Jurisdiction.This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida. If a dispute between or among the parties relating to this Agreement
becomes the subject of litigation, the prevailing party in such dispute (as determined by the court) shall
be entitled to recover reasonable attorneys’ fees, costs and expenses incurred in connection therewith
from the other party.
HOLD HARMLESS/INDEMNIFICATION:UCNG shall defend, indemnify, save and hold the City
harmless from any and all claims, suits, judgements and liability for death, personal injury, bodily
injury, or property damage arising directly from its negligent performance under the Agreement, or a
ULTIMATE CNG, LLC
3185 Wheatland Farms Drive
Oakton, Virginia, 22124
[A04-02064 /224182/1]
subsequent purchase order entered into by City and UCNG, its employees, subcontractors, or assigns,
including legal fees, court costs, or other legal expenses. UCNG acknowledges that it is solely
responsible for complying with the terms of the Agreement or a purchase order arising out of the
agreement.
Counterparts.This Agreement may be signed in any number of counterparts, each of which shall be
an original, with the same effect as if the signatures thereto and hereto were upon the same instrument.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6023
Agenda Date: 4/18/2019 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
:
Approve a Mutual Use Agreement with Tampa Bay Water for the installation of natural gas
distribution mains and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Tampa Bay Water (TBW) has granted a mutual use agreement through an easement, for the
installation of a natural gas distribution main. This main extension will provide a continuous
feed of gas to all new subdivisions north of Tower Rd in Pasco County.
The Mutual Use Agreement has two separate sections. Mutual Use Area #1 is the area within
the 32-foot TBW easement that runs along Tower Road, from Bexley Village Dr to Sunlake
Blvd. Clearwater Gas System will be installing a 6-inch gas main, parallel with TBW water
main, just along the south side of Tower Rd. Mutual Use Area #2 is the section where a 50-foot
TBW easement intersects another 32-foot TBW South easement on Tower Road.
The mutual use agreement is sufficient for the City to install and maintain its facilities as
necessary in perpetuity, or until such time as the City determines to abandon its use.
Page 1 City of Clearwater Printed on 4/17/2019
GM14-2064-048/162011/1 1
TBW Project: Cypress Creek 84” Transmission Main and 42” South Pasco Transmission Main
TBW – Non-Exclusive Perm Pipeline Easement
Sections 15, 16, 17, 19 and 20, Township 26 South, Range 18 East
Pasco County, Florida
Prepared by and return to:
Tampa Bay Water
2575 Enterprise Road
Clearwater, Florida 33763-1102 (Reserved for Clerk of Court)
MUTUAL USE AGREEMENT
THIS MUTUAL USE AGREEMENT entered into this day of ,
20 , by and between TAMPA BAY WATER, A Regional Water Supply Authority, an interlocal
governmental entity of the State of Florida, hereinafter referred to as "TAMPA BAY WATER,"
with its principal place of business located at 2575 Enterprise Road, Clearwater, Florida 33763-
1102, and CITY OF CLEARWATER, d/b/a CLEARWATER GAS SYSTEM, referred to as
“GAS” whose local address is 400 N. Myrtle Avenue, Clearwater, FL 33755
RECITALS:
A. TAMPA BAY WATER owns and possesses a Non-Exclusive Permanent Pipeline
Easement in and upon that certain real property more particularly described in the Deed
as recorded in Official Records Book 732, Pages 339 of the public records of Pasco
County, Florida ("Tampa Bay Water Easement”).
B. TAMPA BAY WATER operates and maintains its 42” South Pasco Water
Transmission main and its appurtenances (“Tampa Bay Water Pipeline Facilities”) within
the Tampa Bay Water Easement. TAMPA BAY WATER’s abandoned 84” pre- stressed
concrete water main is also located within the utility easement.
C. GAS has acquired or will acquire the appropriate rights or interests from the fee
simple owner of the property underlying the Tampa Bay Water Easement. GAS desires to
use a portion of the Tampa Bay Water Easement in order to design, construct, inspect,
operate, maintain, and repair approximately 12,000 linear feet (LF) of 6” polyethylene
pipe (PE) (“GAS Facility”) for the purpose of providing natural gas to its customers.
D. GAS and TAMPA BAY WATER desire to enter into this agreement for the purpose
of setting forth the terms and conditions under which GAS and TAMPA BAY WATER
will mutually use a portion of the Tampa Bay Water Easement described in Exhibit “A”
(the “Mutual Use Area 1” and the “Mutual Use Area 2”, collectively, the “Use Area”),
attached hereto and incorporated herein.
GM14-2064-048/162011/1 2
NOW THEREFORE, for and in consideration of the premises and the sum of Ten Dollars
($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the
parties hereby agree as follows:
1. The above recitals are true and are incorporated herein by reference.
2. TAMPA BAY WATER hereby agrees to allow GAS the mutual use of the Use Area for
the uses and purposes stated herein.
3. GAS acknowledges and agrees that TAMPA BAY WATER’s use of the Tampa Bay
Water Easement for water transmission pipelines and related purposes will not constitute an
interference with GAS’s use of the Use Area.
4. Within fifteen (15) days after this Agreement is executed by both parties, GAS will submit
to TAMPA BAY WATER, a complete set of the most current construction plans for the GAS
Facility within the Use Area. Thereafter, TAMPA BAY WATER shall have forty-five (45) days
to review and approve GAS’s construction plans, such approval not to be unreasonably withheld.
Also during this 45-day period, TAMPA BAY WATER may make comments to GAS’s
construction plans, by directing any such comments to GAS. GAS will use its best efforts to
incorporate TAMPA BAY WATER’s comments into the construction plans.
5. GAS acknowledges and agrees that it is using the Use Area “as is” and that TAMPA BAY
WATER will not be responsible for preparing, altering, or modifying the Use Area in any manner
to accommodate GAS's use.
6. During construction of the GAS Facility, GAS agrees to the following:
a. GAS will not interrupt the operation of the Tampa Bay Water Pipeline Facilities,
so that the Tampa Bay Water Pipeline Facilities operate as they did prior to the start of
the construction of GAS Facility.
b. GAS will install the GAS Facility under Tampa Bay Water’s 42” water main, while
maintaining a minimum vertical separation of 36-inches, measured from below the outside
edge of the Tampa Bay Water water main and the GAS Facility.
c. Any temporary roads used for construction traffic crossing the Tampa Bay Water
Pipeline Facilities shall be built up a minimum of 3-feet above existing grade.
7. GAS covenants that its use of the Use Area shall not at any time interfere with TAMPA
BAY WATER's use of the Tampa Bay Water Easement, and that GAS’s use of the Use Area will
not cause the impairment of the Tampa Bay Water Pipeline Facilities or other hazardous conditions
to exist. GAS covenants that if it creates a hazardous condition or restricts, impairs, interferes with,
or hinders the use of the Tampa Bay Water Easement by TAMPA BAY WATER, then, upon
notification by TAMPA BAY WATER, GAS shall, within seventy-two
GM14-2064-048/162011/1 3
(72) hours, at its cost and expense, correct such condition. TAMPA BAY WATER retains the right
to enter upon the Tampa Bay Water Easement for the purpose of correcting such condition if GAS
fails to respond within the seventy-two (72) hour period following notice or if TAMPA BAY
WATER determines that an emergency situation exists and requires immediate attention. GAS
agrees to reimburse TAMPA BAY WATER for all reasonable, justified and substantiated costs
and expenses incurred in connection with such action.
8. During the period in which any construction or site preparation for the GAS Facility is
occurring by or on behalf of GAS within the Use Area, GAS shall maintain or arrange to have
maintained the following insurance coverage through either self-insurance, purchased insurance,
or a combination thereof:
a. Workers' Compensation insurance adequate under Florida law for all of GAS's
employees working in or about the Tampa Bay Water Easement. GAS shall require
all contractors or sub-contractors working in or about the Tampa Bay Water Easement
to maintain Workers' Compensation insurance adequate under Florida law for all their
employees.
b. Automobile liability insurance in the minimum amount of $1,000,000.00 combined
single limit, each accident, (bodily injury and property damage) insuring all owned,
leased, hired and other non-owned vehicles.
c. Comprehensive General Liability Insurance in the minimum amount of
$1,000,000.00 combined single limit (bodily injury and property damage) covering
premises operations liability, products and completed operations liability, personal
injury coverage.
d. Employer’s Liability Insurance in the following minimum amounts:
$100,000 EACH ACCIDENT EACH EMPLOYEE
$100,000 EACH DISEASE EACH EMPLOYEE
$500,000 AGGREGATE BY DISEASE
e. GAS shall furnish TAMPA BAY WATER with a letter of self-insurance signed by
the City’s Risk Manager. Any and all subcontractors performing work for GAS will
furnish TAMPA BAY WATER with a Certificate of Insurance certifying that each
policy required is in full force and effect. GAS and any and all subcontractors will
give TAMPA BAY WATER thirty (30) days advance written notice by certified mail
before canceling or changing the coverage of the required coverages under this
Agreement.
The failure of TAMPA BAY WATER to request evidence of the coverage set forth above
shall not be construed by GAS as a waiver of GAS’s obligation to provide the insurance
coverage specified.
GM14-2064-048/162011/1 4
The parties shall fully cooperate in making claims and furnishing information to the
insured or the insurers and in obtaining settlements and payments from the insurer or insurers.
Neither GAS nor its contractors shall claim an interest in any insurance settlement arising out of
any loss with respect to the Tampa Bay Water Pipeline Facilities where TAMPA BAY WATER
is named as the sole beneficiary. GAS and its contractors shall execute any and all documents
required by TAMPA BAY WATER or its insurer that may be necessary for use in connection with
the settlement of any such claims. GAS shall not conduct or allow any hazardous activity on the
Tampa Bay Water Easement that brings about a risk of bodily injury (including death) or property
damage (including damage to or destruction of the property) that would be excluded from the
coverage of the insurance that GAS is obligated to maintain.
9. After construction and after the GAS Facility is installed, GAS agrees to the following:
a. GAS shall clearly and permanently mark the location of the GAS Facility in the
Use Area and TAMPA BAY WATER shall clearly and permanently mark the
location of the Tampa Bay Water Pipeline Facilities in the Use Area.
b. Thereafter, should either party or its contractors negligently or intentionally
damage the facilities of the other party, the injured party shall be reimbursed for all
reasonable costs and expenses it incurs in connection with repairing any such
damage.
c. GAS shall be responsible and shall reimburse TAMPA BAY WATER for all
reasonable, actual costs and expenses it incurs in connection with additional
construction costs due to the GAS Facility located within the Use Area. GAS shall
reimburse TAMPA BAY WATER all said costs and expenses within 30 days.
10. To the extent permitted by Section 768.28, Florida Statutes and without waiving its
sovereign immunity, GAS shall protect, defend, indemnify and hold TAMPA BAY WATER and
its officers, employees and agents harmless from and against any and all liabilities, claims, losses,
negligent act, error, or omission by the GAS, its subcontractors, agents or employees, arising out
of or incidental to the performance of this Agreement. The GAS's obligation to indemnify TAMPA
BAY WATER pursuant to this Section 10 is limited by the GAS's right to sovereign immunity,
which right is expressly not waived by the GAS, and to the indemnification limitations provided
in section 768.28, Florida Statutes.
11. Seven (7) days prior to commencement of construction, GAS or its contractor shall contact
the Tampa Bay Water Facilities Maintenance Department for the purpose of coordinating with and
advising TAMPA BAY WATER of GAS’s construction schedule.
12. The occurrence of one (1) or more of the following acts shall be deemed to constitute an
event of default:
GAS or TAMPA BAY WATER fail to perform and comply with any obligation,
responsibility or liability imposed upon TAMPA BAY WATER or GAS by this
Agreement and such failure continues for more than thirty (30) days after the non-
defaulting party gives the defaulting party written notice thereof, or the defaulting
party fails to commence all reasonable curative action within thirty (30) days after
GM14-2064-048/162011/1 5
notice thereof and fails to diligently and continuously prosecute the curative
action to completion;
If a default occurs and the defaulting party fails to cure such default in accordance with this
Agreement, the non-defaulting party may, without further notice immediately or at any time
thereafter, correct the default, in which event the defaulting party shall immediately reimburse the
non-defaulting party for any and all costs incurred by the non-defaulting party in curing the default.
13. GAS's interest in the Use Area shall not be subject to liens for improvements made by, to
or upon the Use Area, and any such liability is expressly prohibited as contemplated by Section
713.10, Florida Statutes. If any mechanic's lien is placed or any claim is filed against or permitted
to be done by either party, such party shall cause the same to be removed within one hundred
twenty (120) days of recording, and shall hold the other party harmless from any adverse effect
thereof.
14. All notices, communications, and consents required or permitted by this Agreement shall
be in writing and delivered by hand or transmitted by registered or certified mail, return receipt
requested, with notice deemed to be given upon receipt and addressed to the attention of the
following:
If to GAS: Jacinta Garcia Corcoba
Drafting & Design Coordinator
400 N. Myrtle Avenue
Clearwater, FL 33755
With a copy to: City Attorney
P.O. Box 4748
Clearwater, FL 33758-4748
If to TAMPA BAY WATER: Matt Jordan
General Manager
2575 Enterprise Road,
Clearwater, Florida 33763-1102
With a copy to: Jonathan M. Kennedy
Engineering Manager
2575 Enterprise Road,
Clearwater, Florida 33763-1102
GM14-2064-048/162011/1 6
15. This Agreement shall be binding upon the successors and assigns of the parties hereto
(subject to the restriction governing assignment contained in the paragraph 16).
16. Neither party shall assign its rights under this Agreement without prior written approval
of the other party.
17. This Agreement may only be amended in writing, duly executed by the authorized
representatives of the parties hereto.
18. This Agreement may be executed in more than one counterpart, each of which shall be
deemed an original.
19. This Agreement represents the entire agreement between the parties hereto, with respect
to the subject matter contained herein, and supersedes all prior negotiations, understandings,
representations or agreements, either written or oral.
20. If any one or more of the provisions of this Agreement should be held contrary to law,
public policy, or should for any reason whatsoever be held invalid or unenforceable by court of
competent jurisdiction, then such provision or provisions shall be null and void and shall be
deemed separate from the remaining provisions of this Agreement, which remaining provisions
shall continue in full force and effect if the rights and the obligations of the parties contained herein
are not materially prejudiced and the intentions of the parties continue to be effective.
21. Any term, condition, covenant or obligation which requires performance by either party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination.
22. GAS agrees that at such time as the GAS Facility is removed from the Use Area, the rights
granted herein shall be automatically extinguished. GAS agrees to execute whatever documents
are necessary for the purpose of clearing title to the Tampa Bay Water Easement at issue in this
Agreement.
23. The remedies set forth in this Agreement are cumulative and not in limitation of any
remedies available at law or in equity.
GM14-2064-048/162011/1 7
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date of
execution written above.
COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA
George N. Cretekos, Mayor William B. Horne II, City Manager
APPROVED AS TO FORM: ATTEST:
Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
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:
GM14-2064-048/162011/1 8
WITNESS: TAMPA BAY WATER, A REGIONAL
WATER SUPPLY AUTHORITY
By:
Signature Matt Jordan
Its: General Manager
Print Name
Signature
Date:
(SEAL)
Print Name
APPROVED AS TO FORM:
Barrie S. Buenaventura,
General Counsel
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing instrument was acknowledged before me this
_ _ day of ,
20 , By . That he/she is personally known to me or has produced
as identification and has/has not taken an oath.
By: _ (Seal)
Notary Public, State of Florida
Print Name:
My Commission Expires:
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Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6026
Agenda Date: 4/18/2019 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve a Contract with Magnolia River Services, Inc., in the amount of $27,000, for the period
May 1, 2019 through April 30, 2020, with the option of four one-year renewals in the amount of
$3,000 per year, to provide gas system flow rate and modeling analysis and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Magnolia River was selected, by a Committee, based on their response to RFP 15-19, Natural
Gas Distribution Flow Modeling Software and Training. A total of two vendors submitted
responses.
The intent of the RFP was to take Clearwater Gas System’s (CGS) existing gas mains and
service lines from our Geographic Information System (GIS) and run a flow rate analysis. The
flow analysis will use the software program GASWorks, already purchased by CGS, to
determine areas that have low pressure when our distribution system is flowing at peak day
demand. It is common for our system flows to double in the winter time, due to cold weather.
This analysis will assist CGS in better design planning when sizing our gas main for future
expansions and/or replacement of existing lines that do not adequately supply enough volume
of gas.
Under Magnolia River’s proposal, they will provide the following:
·Kickoff meeting
·Import all-natural gas mains into the GASWorks program
·Import customer gas load information from Cayenta UMS billing system
·Data clean-up to build and run GASWorks model
·Present the completed model to CGS staff
In addition, Magnolia River will conduct a two-day hands-on training session for seven CGS
employees, so staff can run internal analyses on a regular basis.
Since this agreement has indemnification language, listed in section 8 of the Services
Agreement, it requires City Council review and approval.
APPROPRIATION CODE AND AMOUNT:
Page 1 City of Clearwater Printed on 4/17/2019
File Number: ID#19-6026
CGS has budgeted funds available in account code 3237323-96389.
Page 2 City of Clearwater Printed on 4/17/2019
[GM19-2064-088/231085/1] Services Agreement
Page 1
SERVICES AGREEMENT
THIS SERVICES AGREEMENT (“Agreement”) is made and entered into as of the day of _ , 2019
(“Effective Date”) by and between City of Clearwater, a Municipality organized and existing under the laws of the
State of Florida (“Client”), whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, and Magnolia River
Services, Inc., a corporation organized and existing under the laws of the State of Alabama (“Magnolia River” or
“Contractor”), whose address is 408 Bank Street, Decatur, AL 35601; Client and Magnolia River each may be
individually referred to as a “Party” and be collectively referred to as the “Parties.”
For and in consideration of the promises, agreements, and representations contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Client Order/ Scope of Work/Contract Documents/Order of Precedence. “Client Order” shall mean a written
purchase order, proposal, work order, or task order issued by Client to Magnolia River under this Agreement and
accepted or executed by Magnolia River. Each Client Order shall be governed by the specific terms of the Contract
Documents. A Sample Client Order (“Purchase Order”) is attached hereto and incorporated herein as Exhibit 1.
The work to be performed by Contractor will be as set forth in the “Contract Documents” which are listed in order of
precedence and include: (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. 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) to the Invitation to Bid
submitted by Contractor in its Bid Response which are rejected/not incorporated into the Agreement with consent of
Client shall have no binding effect.
2. Services. “Services” shall mean the services described in any Client Order. Magnolia River will perform the
Services in accordance with this Agreement. Client agrees to provide working space and facilities, and any other
services and materials Magnolia River or its personnel may reasonably request in order to perform the Services.
3. Source Materials. “Source Materials” shall mean the information necessary for Magnolia River to properly
perform the Services and any other data provided by Client including softcopy and hardcopy materials. Client will
provide Magnolia River with the “Source Materials” necessary for the Services to be performed. Magnolia River may
rely on the accuracy of the Source Materials.
(a) Should Magnolia River determine that relevant information is missing from the provided Source Materials and
the missing information is essential for Magnolia River to be able to proceed with completion of the Services,
Magnolia River will notify Client and request direction before proceeding further with the Services. Client may
provide the missing information or authorize Magnolia River to perform additional work to obtain the missing
information. Client shall not be liable for any additional costs associated with any missing data unless Client
pre-approves such costs in writing.
(b) Should Magnolia River discover that the Source Materials contain inaccuracies and the inaccuracies must be
either corrected or new data obtained before Magnolia River can proceed with the completion of the Services,
Magnolia River will notify Client of the inaccuracies and the effect upon its performance of the Services before
proceeding further with the Services and Client must do one of the following: (i) replace the defective Source
Materials; or (ii) increase the amount to be paid to Magnolia River under the applicable Client Order(s) to cover
the cost of correcting the inaccuracies; or (iii) waive or change the affected requirements and direct Magnolia
River in writing to proceed based on the existing Source Materials. Client shall not be liable for any additional
costs associated with any inaccurate Source Materials unless Client pre-approves such costs in writing.
(c) Any delay in obtaining direction or authorization from Client will be deemed an excusable delay.
[GM19-2064-088/231085/1] Services Agreement
Page 2
4. Change Order. At any time, Client may request a change in writing to the Services being provided by Magnolia
River (“Change Order”). If Magnolia River determines that the Change Order, or any other instruction or decision
made by Client, would affect the cost of the Services, Magnolia River will, within ten (10) days after receipt of the
request, give written notice to Client of the proposed cost adjustment. Client will respond to Magnolia River within
ten (10) days after receipt of the proposed cost adjustment on how to proceed with the Change Order. Any Change
Order and any related cost adjustment must be approved by both Parties in writing to be binding, and shall be
incorporated by reference into this Agreement.
5. Term. This Agreement shall commence on the Effective Date, and unless modified by mutual written agreement
of the Parties or terminated earlier pursuant to the terms hereof, shall continue for a period of one (1) year. Thereafter,
this Agreement shall renew each year automatically for an additional one (1) year term unless either Party has given
written notice of non-renewal to the other Party at least thirty (30) Days prior to the automatic renewal date. Upon
termination of this Agreement, Magnolia River shall promptly return to Client all copies of any Client data, records,
or materials of whatever nature or kind, including all materials incorporating any of Client’s confidential or proprietary
information and any and all materials produced hereunder up to the date of termination.
6. Fees. Magnolia River will invoice Client as stated in the Client Order. If the payment schedule is not stated in
the Client Order, Magnolia River will invoice Client through monthly progress billings during the performance of the
Services, unless the Services are to be completed in less than one (1) month. If the Services are to be completed in
less than one (1) month, Magnolia River will invoice Client upon completion of the Services. Mileage, per diem, and
lodging, if any, will be invoiced separately. Client shall pay each invoice in accordance with the Florida Prompt
Payment Act, sections 218.70-218.80, Florida Statutes.
7. Independent Contractor Status. Each Party is and shall be an Independent Contractor who has sole control of
the manner and means of performing its obligations under this Agreement. Nothing herein shall be construed as
creating any relationship between the Parties other than that of Independent Contractors. Neither Party is an employee,
an agent, a partner, or joint venture of the other Party. Neither Party shall have, nor shall claim, suggest, or imply that
it has any right, power, or authority to enter into any agreement or obligation on behalf of, or binding upon, the other
Party or any of its representatives, nor shall either Party, or any of its owners, officers, employees, contractors, or
agents, represent itself as having any employment position with the other Party. Neither Party shall provide any
benefits, including, but not limited to, health insurance coverage, paid vacation, pension plan, workers’ compensation
coverage, or unemployment benefits to the other Party.
8. Indemnification. In relation to this Agreement, each Party shall defend, indemnify and hold the other Party
harmless from and against any and all liabilities, losses, damages, fines, judgments, claims, suits, actions, and expenses
(including, but not limited to, attorney’s fees and costs) arising out of or relating to such Party’s own willful
misconduct, gross negligence, or negligence that results in, or relates to: (a) personal injury or death to persons,
including employees, contractors, and agents; or (b) damage to personal or real property. Each Party agrees to give
the other Party prompt notice of any such claim, demand, or action and shall, to the extent the other Party is not
adversely affected, cooperate fully with such Party in defense and settlement of said claim, demand, or action. .
Notwithstanding the provisions of this paragraph, Client’s obligations and liability under this section is expressly
limited by sovereign immunity, Florida Statute 768.28 and all applicable law. Nothing herein shall be construed as a
waiver of sovereign immunity to which Client is entitled or as consent to be sued by third parties.
9. 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,
[GM19-2064-088/231085/1] Services Agreement
Page 3
death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
(b) Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed
automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit.
(c) 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.
(d) Cyber liability coverage in an adequate amount to meet or exceed the requirements, including notification
and monitoring, under Florida Statute 501.171.
(e) 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.
10. Risk of Loss. The risk of loss to goods and Services supplied hereunder shall pass to Client upon delivery to
Client at the delivery point.
11. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
MAGNOLIA RIVER DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO
THE SERVICES RENDERED OR THE RESULTS OBTAINED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
12. LIMITATION OF LIABILITY. MAGNOLIA RIVER SHALL NOT BE LIABLE TO CLIENT FOR ANY
FAILURE OR DELAY CAUSED BY EVENTS BEYOND MAGNOLIA RIVER’S CONTROL, INCLUDING,
WITHOUT LIMITATION, CLIENT'S FAILURE TO FURNISH NECESSARY INFORMATION; SABOTAGE;
FAILURE OR DELAYS IN TRANSPORTATION OR COMMUNICATION; FAILURES OR SUBSTITUTIONS
OF EQUIPMENT; LABOR DISPUTES; ACCIDENTS; SHORTAGES OF LABOR, FUEL, RAW MATERIALS OR
EQUIPMENT; OR TECHNICAL FAILURES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS
INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT
HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
13. Entire Agreement; Governing Law. This Agreement is the sole and complete agreement between the Parties
relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, or communications,
oral or written, of either Party. Notwithstanding the foregoing, the Parties may enter into other agreements relating to
other subject matters and each agreement shall stand on its own. The Parties acknowledge and agree that this
Agreement does not apply to and does not grant Client any rights related to Magnolia River’s packaged software,
FlowGIS, or any elements thereof, or any tailored version thereof, or any other packaged software offered by Magnolia
River, the use of which shall be governed by the applicable End User License Agreement (“EULA”) and/or Software-
as-a-Service Agreement (“SaaSA”) whether such EULA and/or SaaSA is in writing or in electronic form. This
Agreement may only be amended in writing, and any Amendment to this Agreement must be signed by the authorized
representatives of both Parties. This Agreement, and any Amendment to this Agreement, may be executed and
[GM19-2064-088/231085/1] Services Agreement
Page 4
delivered in counterparts all of which taken together constitute one single agreement between the Parties. The section
and article headings used herein are for reference only, and shall not limit or control any term or provision of this
Agreement or the interpretation or construction hereof. The terms of this Agreement shall be governed by and
construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law
provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws
of any jurisdiction other than the State of Florida. If any of the provisions of this Agreement shall be held to be invalid
or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds
that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become
valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. Dispute Resolution. The Parties agree that in the event of a material dispute concerning the Services performed
herein or any breach of the terms of this Agreement, the Parties shall endeavor to resolve the dispute between
themselves. In the event the dispute cannot be resolved, the Parties shall submit any such dispute to mediation. The
laws of the State of Florida shall govern any such dispute and the associated arbitration.
15. Non-Solicitation. During the term of this Agreement and for a period of one (1) year after the expiration or
termination of this Agreement for any reason whatsoever, Client covenants and agrees that, unless it receives written
permission from the Magnolia River, it will not directly or indirectly, either individually, in partnership, jointly or in
conjunction with any person, firm, partnership, corporation, or unincorporated association of any kind, whether as
principal, agent, employee, contractor, shareholder, or in any other capacity whatsoever,
(i) Solicit, divert or appropriate or attempt to solicit, divert or appropriate any employee of Magnolia River
who was an employee of Magnolia River during the term of this Agreement with whom it had any direct
or indirect contact during the term of this Agreement, or
(ii) hire or attempt to hire any employee of Magnolia River who was an employee of Magnolia River during
the term of this Agreement with whom it had any direct or indirect contact during the term of this
Agreement. The Parties hereto acknowledge and agree that the period of time for such non-solicitation
is reasonable and necessary for the protection of Magnolia River’s business interests.
16. Publicity and Use of Logo. Client grants permission for Magnolia River to publish and/or use its company
logo or registered mark and name for purposes of this project, to add to project deliverables, paper and softcopy files.
Client grants to Magnolia River a License for the use of Client’s logo for the above purposes only. Client further
agrees to serve as a project reference for Magnolia River and grants permission for Magnolia River to use project
particulars and contact information in marketing materials and on Magnolia River’s website.
17. Notices. By giving to the other Party hereto at least ten (10) Days’ notice thereof, each Party hereto shall have
the right from time to time and at any time while this Agreement is in effect to change its respective address, email
address or fax number and each shall have the right to specify as its new address, email address or fax number any
other address, email address or fax number. Each notice to Magnolia River and Client shall be addressed, until notice
of change as aforesaid has been made, as follows:
(a) If intended for Magnolia River, to:
Magnolia River Services, Inc.
408 Bank Street
Decatur, Alabama 35601
Attention: Mr. Ronald S. Hoff, Jr.
Telephone Number: (256) 773-9420
Facsimile Number: (775) 383-4345
Email Address: Ronnie.Hoff@Magnolia-River.com
(b) If intended for Client, to:
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
Attention: Mr. Brian Langille, Assistant Director
Telephone Number: (727) 562-4911
Facsimile Number: (727) 562-4902
Email Address: Brian.Langille@clearwatergas.com
[GM19-2064-088/231085/1] Services Agreement
Page 5
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized
representatives as of the Effective Date.
“Magnolia River”
Magnolia River Services, Inc.
By: __________________________________________
Print Name: ___________________________________
Its: __________________________________________
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
Exhibit 1 to Services Agreement
Sample Client Order
Client Order Number _ issued under
Services Agreement dated
Date Issued:
Work to be performed by Magnolia River:
Delivery date(s):
Compensation to be paid to Magnolia River:
Invoicing and Payment Terms:
Other Pertinent Information:
“Client”
By: SAMPLE – DO NOT SIGN
Print Name:
Its:
“Magnolia River”
Magnolia River Services, Inc.
By: SAMPLE – DO NOT SIGN
Print Name:
Its:
[GM19-2064-088/231085/1] Sample Client Order to Services
Agreement
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
#15-19
Natural Gas Distribution Flow Modeling Software and Training
November 15, 2018
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, December 20, 2018, to provide Natural Gas Distribution Flow Modeling
Software and Training.
Brief Description: the Clearwater Gas System is in need of natural gas distribution flow modeling
software and related services, not limited to data import, ability to validate segments and
components, training, and training documentation.
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
Natural Gas Modeling Software 2 RFP #15-19
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: December 20, 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
Natural Gas Modeling Software 3 RFP #15-19
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
Natural Gas Modeling Software 4 RFP #15-19
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
Natural Gas Modeling Software 5 RFP #15-19
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
Natural Gas Modeling Software 6 RFP #15-19
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 Format, page 20) Points
Demonstrated Firm and Personnel Experience (Tab 2) 30
Firm’s Approach to Providing Services (Tab 3) 20
Software, Training, Resources, Costs – Exhibit A (Tab 4) 30
References (Tab 5) 20
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
Natural Gas Modeling Software 7 RFP #15-19
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: November 15, 2018
Advertise Tampa Bay Times: November 17, 2018
Responses due: December 20, 2018
Review proposals: December 20, 2018 – January 4, 2019
Presentations (if requested): week of January 14, 2019
Award recommendation: January 18, 2019
Council authorization: February 2019
Contract begins: February 2019
TERMS AND CONDITIONS
Natural Gas Modeling Software 8 RFP #15-19
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
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Natural Gas Modeling Software 9 RFP #15-19
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
Natural Gas Modeling Software 10 RFP #15-19
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.
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Natural Gas Modeling Software 11 RFP #15-19
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
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Natural Gas Modeling Software 12 RFP #15-19
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
Natural Gas Modeling Software 13 RFP #15-19
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
Natural Gas Modeling Software 14 RFP #15-19
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
Natural Gas Modeling Software 15 RFP #15-19
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
Natural Gas Modeling Software 16 RFP #15-19
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
Natural Gas Modeling Software 17 RFP #15-19
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. PROJECT GOAL. Clearwater Gas System (City) requires a comprehensive natural gas modeling
software system to evaluate distribution system impacts based on adding new loads, main sizing,
distribution weaknesses, and other “what if” analysis abilities.
3. SCOPE OF WORK. The selected software and provider will meet the following objectives:
Ability to import all gas distribution mains and service lines data from ESRI’s GIS program
Ability to import gas consumption information from Cayenta UMS billing system for each
service location
Capability to analyze and determine weak areas of CGS’ distribution system
Capability to analyze and evaluate distribution system impacts when adding new loads, main
sizing, and other “what if” scenarios
Provide on-site training for seven (7) CGS employees
Provide a training manual and/or resources for ongoing training and reference
4. MINIMUM QUALIFICATIONS. Companies responding to this RFP will have at a minimum of five
(5) years’ experience with natural gas distribution network modeling software, implementation of
software, on-site training, and ongoing reference resources. A minimum of three (3) references,
preferably from other public entities for which similar services have been provided, are required.
5. 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. 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. 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
DETAILED SPECIFICATIONS
Natural Gas Modeling Software 18 RFP #15-19
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.
d. Cyber liability coverage in an adequate amount to meet or exceed the requirements, including
notification and monitoring, under Florida Statute 501.171.
e. 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.
The address where such certificates and certified policies shall be sent or delivered is as
follows:
City of Clearwater
Attn: Purchasing Department, RFP #15-19
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.
MILESTONES
Natural Gas Modeling Software 19 RFP #15-19
1. ANTICIPATED BEGINNING OF INITIAL TERM. February 2019.
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 herein. 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.
Four (4), one (1) year maintenance and support renewals are possible at the City’s option.
4. PRICES. All pricing shall be firm for the implementation term and maintenance support renewals
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 proposal.
a. 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 proposal and occurring after award will apply to the undelivered balance. The
Contractor shall promptly notify the City of such price reductions.
b. 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 in accordance with the RFP proposal.
c. No fuel surcharges will be accepted.
RESPONSE ELEMENTS
Natural Gas Modeling Software 20 RFP #15-19
1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, six (6) 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 work to be performed.
2. A positive commitment to perform the service within the time period specified.
3. The names of key persons, representatives, project managers who will be the main
contacts for the City regarding this project.
TAB 2 – Demonstrated Firm and Personnel Experience. Provide a statement of qualifications,
abilities, experience and expertise in providing the requested software and services.
1. A description of what qualifies your company, financial and otherwise, to provide the City
with these services for the required period of time, provide appropriate staffing, provide
necessary resources and show a history of demonstrated competence.
2. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking
into consideration the requested services, additional services and/or expertise offered that
exceed the requirements, or the vendor’s inability to meet some of the requirements of the
specifications.
3. Identification of senior and technical staff to be assigned to the City. Staff named in the
proposal may not be substituted without permission of the City. Resumes, including
relevant experience may be included.
TAB 3 – Firm’s Approach to Providing Software and Services. Define the program offered and
your method of approach to include, but not limited to, a project plan/approach, and scheduling
ability with project timeline.
TAB 4 – Software, Training, Resources, Costs – Exhibit A. Complete Exhibit A to provide
requested details. Incomplete forms will be scored accordingly. Supporting documentation
and information can be provided – please reference “additional information provided” in Exhibit
A, the question number being answered and include under Tab 4.
TAB 5 – References. Provide a minimum of three (3) references, preferably from other public
entities within the State of Florida, 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 6 – Other Forms. The following forms should be completed and returned in proposal:
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)
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-5905
Agenda Date: 4/18/2019 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Approve the contract between the City of Clearwater and Eastbourne Investments Inc. to
relocate the current onsite health clinic from the current location of Suite 240 to Suite 400 within
the Powell Professional Center at 401 Corbett Street, Clearwater for a cost not-to-exceed
$400,230 for the five-year period beginning June1, 2019 through May 31, 2024; approve
relocations expenses of not-to-exceed $53,000; and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
On July 1, 2010, the City entered into a lease agreement with Powell Professional Center for a
space to be used by the City as an onsite medical clinic for city employees, retirees, and their
dependents covered under the City’s medical insurance.
The original lease provided for the rental of suite 240 containing 2,677 rentable square feet.
The term of the initial lease was three years, commencing on July 1, 2010 and ending on June
30, 2013, with two subsequent renewals: July 1, 2013 through June 30, 2016 and July 1, 2016
through June 30, 2019.
This lease agreement provides for a five-year lease for suite 400 containing 3,719 rentable
square feet which will commence on June 1, 2019 and end on May 31, 2024. Landlord will pay
for the costs associated with the buildout and is responsible for major repairs and
maintenance. The lease provides an option for the City to terminate the lease by providing 120
days written notice at any time after the first full lease year, with penalty. This lease agreement
provides for a rental rate of $6,282.00 per month, with an escalation of 3% per year. Relocation
expenses are estimated at $53,000 which includes all moving expenses, additional equipment,
re-calibration of existing equipment and IT implementation.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the Employee Health Center budget (5909835) to fund the fiscal year
2019 portion of this contract and the relocation expenses. Funding for future years will be
included in the proposed budget request.
Page 1 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#18-5230
Agenda Date: 4/18/2019 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Approve a Sublease Agreement between the City of Clearwater and the Clearwater Regional
Chamber of Commerce and the State of Florida, Bureau of Public Land Administration, Division
of State Lands for use of the Florida Department of Transportation Building and property
located at 3204 Gulf to Bay Boulevard to allow for the Clearwater Regional Chamber of
Commerce to utilize said property as a visitor center and for trailhead facilities and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
Staff recommends that the City (sublessor) enter into a Sublease Agreement with the
Clearwater Regional Chamber of Commerce (sublessee) for the first floor of the building and
approximately 2-acre site located at 3204 Gulf to Bay Boulevard. The City is currently leasing
this property from the State of Florida, Bureau of Public Land Administration, Division of State
Lands.
The City entered into a Lease Agreement with the State of Florida, Bureau of Public Land
Administration, Division of State Lands for lease of said property August 16, 2017. It has been
the intention of the City to sublease a portion of the property to Clearwater Regional Chamber
of Commerce to utilize said location to operate a trail head, welcome center, and restrooms.
For any organization to sublease the property, the sublessee and the sublessor must sign a
sublease in conjunction with the State.
The sublessee will be responsible for all costs associated with the general maintenance and
improvements to be made inside the building as well as all utilities, except for water, which the
sublessor has agreed to pay.
The term of this Sublease is 10 years.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 4/17/2019
This Sublease was prepared by:
Jay Sircy
Bureau of Public Land Administration
Division of State Lands
Department of Environmental Protection, MS 130
3900 Commonwealth Boulevard,
Tallahassee, Florida 32399-3000
AID# 38875
PNS1
[First Floor office space, 1,700 sq. st +/-]
CITY OF CLEARWATER, FLORIDA
_______________________________________
SUBLEASE AGREEMENT
Sublease Number 4799-002
THIS SUBLEASE AGREEMENT is made and entered into this ____ day of _________________, 20___, between the
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation hereinafter referred to as "SUBLESSOR", and
GREATER CLEARWATER CHAMBER OF COMMERCE, INC., a Florida not for profit corporation, its successors and
assigns, hereinafter referred to as "SUBLESSEE".
WITNESSETH:
In consideration of the covenants and conditions set forth herein SUBLESSOR subleases the below described premises
to SUBLESSEE on the following terms and conditions:
1.ACKNOWLEDGMENTS: The parties acknowledge that title to the subleased premises is held by the Board of
Trustees of the Internal Improvement Trust Fund (TRUSTEES) and is currently managed by SUBLESSOR for use as trail
support activities under TRUSTEES’ Lease No. 4799.
2.DESCRIPTION OF PREMISES: The property subject to this sublease, is situated in the County of Pinellas, State
of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "subleased
premises".
3.TITLE DISCLAIMER: SUBLESSOR does not warrant or guarantee any title, right or interest in or to the subleased
premises.
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4.SUBLEASE TERM: The term of this sublease shall be for a period of ten years (10) years commencing on
________________________ and ending on __________________________, unless sooner terminated pursuant to the
provisions of this sublease.
5.PURPOSE: SUBLESSEE shall manage the subleased premises only for the establishment and operation of a welcome
center and trail restroom facility, along with other related uses necessary for the accomplishment of this purpose as designated
in the Land Use Plan required by paragraph 22 of this sublease.
6.CONFORMITY: This sublease shall conform to all terms and conditions of that certain lease between the TRUSTEES
and SUBLESSOR dated August 16, 2017, a copy of which is attached hereto as Exhibit "B", and SUBLESSEE shall through its
agents and employees prevent the unauthorized use of the subleased premises or any use thereof not in conformance with this
sublease.
7.QUIET ENJOYMENT AND RIGHT OF USE: SUBLESSEE shall have the right of ingress and egress to, from and
upon the subleased premises for all purposes necessary to the full quiet enjoyment by said SUBLESSEE of the rights conveyed
herein, subject, however, to any pre-existing easements, rights-of-way and other third party interests which were in existence
at the time that the subleased premises were conveyed to SUBLESSOR and which, pursuant to the terms of the operative
instruments, remain in full force and effect.
8.ASSIGNMENT: This sublease shall not be assigned in whole or in part without the prior written consent of
SUBLESSOR and the TRUSTEES. Any assignment made either in whole or in part without the prior written consent of
SUBLESSOR and the TRUSTEES shall be void and without legal effect.
9.RIGHT OF INSPECTION: The TRUSTEES and SUBLESSOR or their duly authorized agents, representatives or
employees shall have the right at any and all times to inspect the subleased premises and the works and operations of
SUBLESSEE in any matter pertaining to this sublease.
10.PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures, improvements, and signs shall
be constructed at the expense of SUBLESSEE in accordance with plans prepared by professional designers and shall require the
prior written approval of SUBLESSOR as to purpose, location and design. Further, no trees, other than non-native species, shall
be removed or major land alterations done by SUBLESSEE without the prior written approval of SUBLESSOR. Removable
equipment and removable improvements placed on the subleased premises by SUBLESSEE and which do not become a
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permanent part of the subleased premises will remain the property of SUBLESSEE may be removed by SUBLESSEE upon
termination of this sublease.
11.INSURANCE REQUIREMENTS: During the term of this sublease SUBLESSEE shall procure and maintain policies
of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount
equal to the full insurable replacement value of any improvements or fixtures located on the subleased premises. The liability
insurance coverage shall be in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal
injury, death, and property damage on the subleased premises. During the term of this sublease, if Section 768.28, Florida
Statutes, or its successor statute is subsequently amended to increase the amount of the liability coverages specified herein,
SUBLESSEE shall immediately obtain liability coverage for the increased amounts. Such policies of insurance shall name
SUBLESSOR and the State of Florida as additional insureds. SUBLESSEE shall submit written evidence of having procured
all insurance policies required herein prior to the effective date of this sublease and shall submit annually thereafter, written
evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, State of
Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida
32399-3000. SUBLESSEE shall purchase all policies of insurance from a financially-responsible insurer duly authorized to do
business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer,
State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. SUBLESSEE shall
immediately notify SUBLESSOR and the insurer of any erection or removal of any building or other improvement on the
subleased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate
changes in the coverage to reflect the changes in value. SUBLESSEE shall be financially responsible for any loss due to failure
to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall
constitute a breach of this sublease.
12.INDEMNITY: In consideration of the privileges herein granted, SUBLESSEE hereby covenants and agrees to
investigate all claims of every nature at its own expense, and to indemnify, protect, defend, save and hold harmless the State of
Florida, TRUSTEES, and SUBLESSOR from any and all claims, costs, expense, including attorney’s fees, actions, lawsuits and
demands of any kind or nature arising out of this sublease. SUBLESSEE shall contact SUBLESSOR and TRUSTEES regarding
the legal action deemed appropriate to remedy such damage or claims. SUBLESSOR and TRUSTEES shall have the absolute
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right to choose its own legal counsel in connection with all matters indemnified for and defended against herein at
SUBLESSEE’S expense.
13.PAYMENT OF TAXES AND ASSESSMENTS: SUBLESSEE shall assume full responsibility for and shall pay all
liabilities that accrue to the subleased premises or to the improvements thereon, including any and all drainage and special
assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied
against the subleased premises.
14.NO WAIVER OF BREACH: The failure of SUBLESSOR to insist in any one or more instances upon strict
performance of any one or more of the covenants, terms and conditions of this sublease shall not be construed as a waiver of
such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of SUBLESSOR of any
of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by
SUBLESSOR.
15.TIME: Time is expressly declared to be of the essence of this sublease.
16.BINDING EFFECT AND INUREMENT: This sublease shall be binding on and shall inure to the benefit of the
successors, governmental and corporate sublessees and assigns of the parties hereto, but nothing contained in this paragraph
shall be construed as a consent by the TRUSTEES and SUBLESSOR to any assignment of this sublease or any interest therein
by SUBLESSEE.
17. NON-DISCRIMINATION: SUBLESSEE shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the
subleased premises or upon lands adjacent to and used as an adjunct of the subleased premises.
18. UTILITY FEES: SUBLESSOR shall not be required to furnish to SUBLESSEE any services of any kind whatsoever
during the term of this sublease except the SUBLESSOR shall furnish to SUBLESSEE water. SUBLESSEE shall be responsible
for the payment of all charges for the furnishing of gas, electricity, and other public utilities to the subleased premises and for
having all utilities turned off when the subleased premises are surrendered.
19. MINERAL RIGHTS: This sublease does not cover petroleum or petroleum products or minerals and does not give
the right to SUBLESSEE to drill for or develop the same. However, SUBLESSEE shall be fully compensated for any and all
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damages that might result to the subleasehold interest of SUBLESSEE by reason of any such exploration and recovery
operations.
20.RIGHT OF AUDIT: SUBLESSEE shall make available to the TRUSTEES and SUBLESSOR all financial and other
records relating to this sublease, and the TRUSTEES and SUBLESSOR shall have the right to audit such records at any
reasonable time. This right shall be continuous until this sublease expires or is terminated. This sublease may be terminated by
SUBLESSOR should SUBLESSEE fail to allow public access to all documents, papers, letters or other materials made or
received in conjunction with this sublease, pursuant to the provisions of Chapter 119, Florida Statutes.
21.CONDITION OF PROPERTY: SUBLESSOR assumes no liability or obligation to SUBLESSEE with reference to
the condition of the subleased premises or the suitability of the subleased premises for any improvements. The subleased
premises herein are subleased by SUBLESSOR to SUBLESSEE in an "as is" condition, with SUBLESSOR assuming no
responsibility for bidding, contracting, permitting, construction, and the care, repair, maintenance or improvement of the
subleased premises for the benefit of SUBLESSEE.
22.NOTICES: All notices given under this sublease shall be in writing and shall be served by certified mail including,
but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to
whom notice is to be given, as designated by such party in writing. SUBLESSOR and SUBLESSEE hereby designate their
address as follows:
SUBLESSOR: City of Clearwater
3204 Gulf to Bay Boulevard
Clearwater, Florida 33759
SUBLESSEE: Greater Clearwater Chamber of Commerce, Inc.
600 Cleveland Street, Suite 204
Clearwater, Florida 33755
With a mandatory copy to:
Board of Trustees of the Internal Improvement
Trust Fund
c/o State of Florida Department of Environmental
Protection
Division of State Lands
Bureau of Public Land Administration
3800 Commonwealth Boulevard, M.S. 130
Tallahassee, Florida 32399-3000
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23.DAMAGES TO THE PREMISES: (a) SUBLESSEE shall not do, or suffer to be done, in, on or upon the subleased
premises or as affecting said subleased premises or adjacent properties, any act which may result in damage or depreciation of
value to the subleased premises or adjacent properties, or any part thereof. (b) SUBLESSEE shall not generate, store, produce,
place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic
substances, chemicals or other agents on, into, or from the subleased premises or any adjacent lands or waters in any manner not
permitted by law. For the purposes of this sublease, "hazardous substances" shall mean and include those elements or
compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United
States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the
EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating,
relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance,
material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376
and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of
SUBLESSEE'S failure to comply with this paragraph, SUBLESSEE shall, at its sole cost and expense, promptly commence and
diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and
monitoring of (1) the subleased premises, and (2) all off-site ground and surface waters and lands affected by SUBLESSEE'S
such failure to comply, as may be necessary to bring the subleased premises and affected off-site waters and lands into full
compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees,
and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage.
SUBLESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this sublease. This paragraph
shall not be construed as a limitation upon SUBLESSEE'S obligations regarding indemnification and payment of costs and fees
as set forth in paragraphs 12 and 13 of this sublease, nor upon any other obligations or responsibilities of SUBLESSEE as set
forth herein. Nothing herein shall relieve SUBLESSEE of any responsibility or liability prescribed by law for fines, penalties
and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by
SUBLESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation
of local, state or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production,
placement, treatment, release or discharge of any contaminant, SUBLESSEE shall report such violation to all applicable
governmental agencies having jurisdiction, and to SUBLESSOR, all within the reporting periods of the applicable agencies.
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24.LAND USE PLAN: SUBLESSEE shall prepare and submit a Land Use Plan for the leased premises, in accordance
with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to SUBLESSOR for approval through the Division
of State Lands, State of Florida Department of Environmental Protection. The leased premises shall not be developed or
physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior
written approval of SUBLESSOR until the Land Use Plan is approved. SUBLESSEE shall provide SUBLESSOR with an
opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased premises. The Land Use
Plan shall be submitted to SUBLESSOR in draft form for review and comments within ten months of the effective date of this
lease. SUBLESSEE shall give SUBLESSOR reasonable notice of the application for and receipt of any state, federal or local
permits as well as any public hearings or meetings relating to the development or use of the leased premises. SUBLESSEE shall
not proceed with development of said leased premises including, but not limited to, funding, permit application, design or
building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made
by SUBLESSEE which are not in compliance with the terms of this lease shall be done at SUBLESSEE’S own risk. The Land
Use Plan shall emphasize the original management concept as approved by SUBLESSOR on the effective date of this lease
which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan
shall provide the basic guidance for all management activities and shall be reviewed jointly by SUBLESSEE and SUBLESSOR.
SUBLESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior
written approval of SUBLESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic
species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land
Use Plan. In accordance with Section 253.034, Florida Statutes, the SUBLESSEE shall submit a Land Use Plan update at the
end of the fifth year from the execution date of this lease to establish all short-term goals developed under the Land Use Plan
have been met in accordance with Section 253.034 (5) (i), Florida Statutes. The SUBLESSEE shall submit an updated Land Use
Plan at least every ten (10 ) years from the execution date of the lease.
25.SURRENDER OF PREMISES: Upon termination or expiration of this sublease, SUBLESSEE shall surrender the
subleased premises to SUBLESSOR. In the event no further use of the subleased premises or any part thereof is needed,
SUBLESSEE shall give written notification to SUBLESSOR and the Bureau of Public Land Administration, Division of State
Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard,
Tallahassee, Florida 32399-3000 at least six months prior to the release of any or all of the subleased premises. Notification
shall include a legal description, this sublease number and an explanation of the release. The release shall only by valid if
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approved by SUBLESSOR and the TRUSTEES through the execution of a release of sublease instrument with the same
formality as this sublease. Upon release of all or any part of the subleased premises or upon termination or expiration of this
sublease, all improvements, including both physical structures and modifications to the subleased premises, shall become the
property of SUBLESSOR and the TRUSTEES unless SUBLESSOR gives written notice to SUBLESSEE to remove any or all
such improvements at the expense of SUBLESSEE. The decision to retain any improvements upon termination of this sublease
shall be at SUBLESSOR'S sole discretion. Prior to surrender of all or any part of the subleased premises SUBLESSOR shall
perform an on-site inspection and the keys to any building on the subleased premises shall be turned over to SUBLESSOR. If
the improvements do not meet all conditions as set forth in paragraphs 18 and 36 herein, SUBLESSEE shall pay all costs
necessary to meet the prescribed conditions.
26.BREACH OF COVENANTS TERMS, OR CONDITIONS AND DEFAULT AND FORFEITURE: Should
SUBLESSEE, at any time during the term of this sublease, suffer or permit to be filed against it an involuntary, or voluntary,
petition in bankruptcy or institute a composition or an arrangement proceeding under Chapters 10 or 11 of the Bankruptcy
Reform Act of 1978, as amended; or make any assignments for the benefit of its creditors; or should a receiver or trustee be
appointed for SUBLESSEE’S property because of SUBLESSEE’S insolvency, and the said appointment not vacated within
thirty days thereafter; or should SUBLESSEE’S sublease interest be levied on and the lien thereof not discharged within thirty
days after said levy has been made; or should SUBLESSEE fail promptly to make the necessary returns and reports required of
it by state and federal law; should SUBLESSEE fail promptly to comply with all governmental regulations, both state and
federal; should SUBLESSEE fail to comply with any of the terms and conditions of this sublease and such failure continues for
thirty (30) days after SUBLESSEE’S receipt of written notice of the failure from SUBLESSOR; then, in such event, and upon
the happening of either or any of said events, SUBLESSOR shall have the right, at its discretion, to consider the same a default
on the part of SUBLESSEE of the terms and provisions hereof, and, in the event of such default, SUBLESSOR shall have the
option of either declaring this sublease terminated, and the interest of SUBLESSEE forfeited, or maintaining this sublease in
full force and effect and exercising all rights and remedies herein conferred upon SUBLESSOR. The pendency of bankruptcy
proceedings or arrangement proceedings to which SUBLESSEE shall be a party shall not preclude SUBLESSOR from
exercising either option herein conferred upon SUBLESSOR. In the event SUBLESSEE, or the trustee or receiver of
SUBLESSEE’S property, shall seek an injunction against SUBLESSOR’S exercise of either option herein conferred, such action
on the part of SUBLESSEE, its trustee or receiver, shall automatically terminate this sublease as of the date of the making of
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such application, and in the event the court shall enjoin SUBLESSOR from exercising either option herein conferred, such
injunction shall automatically terminate this sublease.
27.BEST MANAGEMENT PRACTICES: SUBLESSEE shall implement applicable Best Management Practices for
all activities conducted under this sublease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which
have been selected, developed, or approved by SUBLESSOR, SUBLESSEE or other land managing agencies for the protection
and enhancement of the subleased premises.
28.SOVEREIGNTY SUBMERGED LANDS: This sublease does not authorize the use of any lands located waterward
of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the
air space thereabove.
29.PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the subleased premises is held
by the TRUSTEES. SUBLESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of
any nature against the real property contained in the subleased premises including, but not limited to, mortgages or construction
liens against the subleased premises or against any interest of the TRUSTEES and SUBLESSOR therein.
30.CONDITIONS AND COVENANTS: All of the provisions of this sublease shall be deemed covenants running with
the land included in the subleased premises, and construed to be "conditions" as well as "covenants" as though the words
specifically expressing or imparting covenants and conditions were used in each separate provision.
31.PARTIAL INVALIDITY: If any term, covenant, condition or provision of this sublease shall be ruled by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
32.ENTIRE UNDERSTANDING: This sublease sets forth the entire understanding between the parties and shall only
be amended with the prior written approval of the TRUSTEES and SUBLESSOR.
33.CONVICTION OF FELONY: If SUBLESSEE or any principal thereof is convicted of a felony during the term of
this sublease, such conviction shall constitute, at the option of the TRUSTEES and SUBLESSOR, grounds for termination of
this sublease.
34.EASEMENTS: All easements of any nature including, but not limited to, utility easements are required to be granted
by TRUSTEES. SUBLESSEE is not authorized to grant any easements of any nature and any easement granted by SUBLESSEE
shall be void and without legal effect.
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35.SUBSUBLEASES: This sublease is for the purposes specified herein and subsubleases of any nature are prohibited,
without the prior written approval of TRUSTEES and SUBLESSOR. Any subsublease not approved in writing by TRUSTEES
and SUBLESSOR shall be void and without legal effect.
36.MAINTENANCE OF IMPROVEMENTS: SUBLESSEE shall maintain the real property contained within the
subleased premises and any improvements located thereon, in a state of good condition, working order and repair including, but
not limited to, maintaining the planned improvements as set forth in the approved Land Use Plan, keeping the subleased premises
free of trash or litter, meeting all building and safety codes in the location situated and maintaining any and all existing roads,
canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this sublease.
37.COMPLIANCE WITH LAWS: SUBLESSEE agrees that this sublease is contingent upon and subject to
SUBLESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and
laws of the State of Florida or the United States or of any political subdivision or agency of either.
38.ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this sublease in no way affects any of the parties'
obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic
sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of
State, Division of Historical Resources. The Land Use Plan prepared pursuant to Chapter 18-2, Florida Administrative Code,
shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify,
protect and preserve the archaeological and historic sites and properties on the leased premises.
39.GOVERNING LAW: This sublease shall be governed by and interpreted according to the laws of the State of Florida.
40.SECTION CAPTIONS: Articles, subsections and other captions contained in this sublease are for reference purposes
only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this sublease or any provisions
thereof.
[Remainder of page intentionally left blank;
Signature page follows]
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Sublease No. 4799-002
CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation
By: (SEAL)
George N. Cretekos, Mayor
"SUBLESSOR"
_________________________
Witness
_________________________
Print/Type Witness Name
_________________________
Witness
_________________________
Print/Type Witness Name
STATE OF FLORIDA
COUNTY OF _____________
The foregoing instrument was acknowledged before me this______ day of ________________,20___, by George N.
Cretekos, as Mayor, of the City of Clearwater, Florida, a Florida municipal corporation, who is personally known to me or
who has produced ___________________________ as identification.
_________________________________
Notary Public, State of Florida
_________________________________
Print/Type Notary Name
Commission Number:
Commission Expires:
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Sublease No. 4799-002
GREATER CLEARWATER CHAMBER OF
COMMERCE, INC., a Florida not for profit corporation
By: (SEAL)
Carol Hague, President
"SUBLESSEE"
________________________
Witness
________________________
Print/Type Witness Name
________________________
Witness
________________________
Print/Type Witness Name
STATE OF FLORIDA
COUNTY OF _____________
The foregoing instrument was acknowledged before me this______ day of ________________,20___, by Carol
Hague, as President, for and on behalf of Greater Clearwater Chamber of Commerce, Inc., a Florida not for profit corporation, who is personally known to me or who has produced ___________________________ as identification.
_________________________________
Notary Public, State of Florida
_________________________________
Print/Type Notary Name
Commission Number:
Commission Expires:
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Consented to by the TRUSTEES on _____ day of _____________, 20__.
APPROVED SUBJECT TO PROPER EXECUTION
By: ________________________
DEP Attorney
By:________________________________
Cheryl C. McCall, Chief, Bureau of Public Land Administration,
Division of State Lands, State of Florida Department of
Environmental Protection, as agent for and on behalf of the
Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
03-27-2019
EXHIBIT "A" Offices within: 3204 Gulf to Bay Blvd.
Clearwater, Florida
Exclusive Use of all of first floor
containing 1,700 SF
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EXHIBIT "B"
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Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6008
Agenda Date: 4/18/2019 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Approve an agreement with Axon, Incorporated, of Scottsdale, AZ, in the amount of
$114,000.00, for interview room recording equipment and licensing, 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:
On February 7, 2019, the Council approved an agreement between the Police Department and
Axon, Incorporated, for a Digital Evidence Management system to create operational
efficiencies with regard to evidence location/retention, address public records requests, and
more appropriately aggregate and control property disposals relating to electronic evidence or
items which could be digitized. Axon, Incorporated was the recommended vendor, selected as
a result of Request for Proposal (RFP) 29-18.
Currently, the Police Department has five interview rooms within the Criminal Investigations
Division and one Driving Under the Influence (DUI) room, which is accessible by all Patrol
personnel, which are equipped with video and/or audio recording equipment. Building upon the
foundation of the Digital Evidence Management system, the Police Department seeks approval
to execute an agreement with Axon, Incorporated, to update the Department’s existing video
and audio recording equipment and ensure compatibility with the Axon Digital Evidence
Management system.
The pricing included in this agreement was previously competitively solicited and obtained
through National Purchasing Partners, a national resource for public entities for similar public
solicitations; the City of Clearwater is a participating member in this partnership.
The Department anticipated this purchase and has funding available for the first year of the
agreement, in the amount of $66,915.00 plus 5% project contingency ($3,881), through P1802 -
Police Equipment Replacement. The four subsequent years’ service and support is estimated
at an annual amount of $10,801 ($43,204).
APPROPRIATION CODE AND AMOUNT:
FY19 - P1802 Police Equipment Replacement $66,915.00. Future fiscal year funding will be
required through the annual Operating Budget process.
Page 1 City of Clearwater Printed on 4/17/2019
File Number: ID#19-6008
Page 2 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-5733
Agenda Date: 4/18/2019 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 7.7
SUBJECT/RECOMMENDATION:
Approve a Contract (Blanket Purchase Order) to Goodyear Commercial Tire and Service and
Monro Muffler Brake for an amount not to exceed $670,000 annually for the purchase of
Goodyear tire products and services for city motorized equipment through March 31, 2024, in
accordance with Sec. 2.564(1)(d), Code of Ordinances - Other government bid and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
This contract covers the purchase of various tire sizes for use on all city vehicles and offers
discount pricing up to 55% for their services for all commercial vehicles which includes road
service assistance, tire repairs, mounting and dismounting, tire rotation, balancing and
disposal. Goodyear also does fleet inspections of tires on a set schedule at no charge.
This contract is a piggyback off of the State of Florida Alternate Contract Source No.
25172500-19-ACS effective through March 31, 2024. Fleet will be presenting an additional
contract through the Florida Sheriff for alternative pricing at a later meeting. Fleet requests an
amount not to exceed $670,000 annually for the contract term. If the contract is annulled for
any reasons, then Fleet services will seek alternative sourcing options.
Local vendors currently used under this contract are Monro Muffler dba Tire Choice and
Goodyear Commercial Tire & Service Center (formerly Wingfoot).
APPROPRIATION CODE AND AMOUNT:
5666611-550700 (Tires) $550,000
5666611-546500 (Repairs & Services)$120,000
Funds are currently available in the current year budget and will be budgeted each year
accordingly.
Page 1 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-5967
Agenda Date: 4/18/2019 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 7.8
SUBJECT/RECOMMENDATION:
Request authority to settle case of City of Clearwater v. Carolyn Curry, Case No. 18-6008-CI.
(consent)
SUMMARY:
On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in
municipal lien foreclosure matters. The outside counsel then filed a foreclosure action Carolyn
Curry, owner of the property located at 1005 N. Highland St.
Since that time, the property has been brought into full compliance with the City’s codes. Ms.
Curry has agreed to pay the City’s administrative and legal costs in exchange for dismissal of
the lawsuit. Therefore, authority is being sought to settle this case for the City’s administrative
and legal costs.
Page 1 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6028
Agenda Date: 4/18/2019 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 7.9
SUBJECT/RECOMMENDATION:
Request for authority to settle Pinellas County Case Nos. 18-8364-CI and 18-8366-CI.
(consent)
SUMMARY:
On July 19, 2018 the City retained Weidner Law, P.A. (outside counsel) for representation in
municipal lien foreclosure matters. The outside counsel then filed two foreclosure actions
against two commercial properties located at 19320 US Highway 19 and 19400 US Highway
19.
The aggregate lien total amount is approximately $750,000.
The defendants in those cases have offered to globally settle both cases for $250,000 and have
agreed that if demolition of the buildings located on the properties has not been initiated by a
date certain, it will be required to pay the remaining amounts of the liens. The defendants have
also agreed to implement interim corrective measures and 24/7 security until demolition
begins.
Authority is requested to settle the two cases on these terms.
Page 1 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2019-02004
Agenda Date: 4/18/2019 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential/Office General
(R/OG) and initial Zoning Atlas designation of Office (O) District for 2233 Nursery Road and an
unaddressed parcel abutting to the south, and pass Ordinances 9250-19, 9251-19, and
9252-19 on first reading. (ANX2019-02004)
SUMMARY:
This voluntary annexation petition involves 1.081 acres of property consisting of two parcels of
land, one of which is currently used as an office (2233 Nursery Road) and the other which is
vacant. The parcel located at 2233 Nursery Road is approximately 345 feet south of Nursery
Road and 265 feet east of South Belcher Road, and the vacant parcel abutting to the south is
approximately 423 feet south of Nursery Road. The applicant is requesting annexation in order
to receive sanitary sewer and solid waste service from the City. The parcels are located within
an enclave and are contiguous to existing city limits to the west, north and east. It is proposed
that the property be assigned a Future Land Use Map designation of Residential /Office General
(R/OG) and a Zoning Atlas designation of Office (O).
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 developed parcel currently receives water service from the City, but the vacant
parcel does not. The closest sanitary sewer line is located to the west along the
adjacent Walgreens’ property line. The applicant is aware of the required sanitary sewer
impact and assessment fees which must be paid in full prior to connection and of any
additional costs to extend to the City’s sanitary sewer and water lines. Collection of solid
waste will be provided to the property by the City. The property is located within Police
District III and service will be administered through the district headquarters located at
2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to
this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS
service. The 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 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
Page 1 City of Clearwater Printed on 4/17/2019
File Number: ANX2019-02004
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
·The proposed Residential/Office General (R/OG) 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 15 units per acre or
nonresidential uses at a floor area ratio (FAR) of 0.50. The proposed zoning district to
be assigned to the parcels is Office (O). The use of the parcel at 2233 Nursery Road is
consistent with the uses allowed in the District and the property exceeds the District’s
minimum dimensional requirements. If the vacant (unaddressed) parcel were to
develop in the future, any proposed development would be required to meet the
standards of the Office (O) District. The proposed annexation is therefore consistent
with the Countywide Plan and the City’s Comprehensive Plan and Community
Development Code; and
·The property proposed for annexation is contiguous to existing city limits to the west,
north and east; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 4/17/2019
Ordinance No. 9250-19
ORDINANCE NO. 9250-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL
PROPERTY LOCATED APPROXIMATELY 423 FEET
SOUTH OF NURSERY ROAD AND 265 FEET EAST OF
SOUTH BELCHER ROAD, AND CERTAIN REAL
PROPERTY LOCATED APPROXIMATELY 345 FEET
SOUTH OF NURSERY ROAD AND 265 FEET EAST OF
SOUTH BELCHER ROAD, WHOSE POST OFFICE
ADDRESS IS 2233 NURSERY ROAD, ALL IN
CLEARWATER, FLORIDA 33764, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described properties are hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for legal descriptions.
(ANX2019-02004)
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,
Ordinance No. 9250-19
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
ANX2019‐02004, Unaddressed parcel & 2233 Nursery Road, 19‐29‐16‐00000‐330‐0900 & 19‐29‐16‐00000‐330‐1500
Parcel A:
FROM THE NORTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 19, TOWNSHIP 29
SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, RUN S. 00°01’41” E., ALONG THE WEST LINE OF SAID
SECTION 19, A DISTANCE OF 384.00 FEET, RUN THENCE S. 89°09’04” E., A DISTANCE OF 311.00 FEET FOR A
POINT OF BEGINNING, CONTINUE THENCE S. 89°09’04” E., A DISTANCE OF 172.00 FEET, RUN THENCE S.
00°01’41” E., A DISTANCE OF 162.20 FEET; RUN THENCE N. 88°53’42” W. A DISTANCE OF 172.00 FEET, RUN
THENCE N. 00°01’41” W., A DISTANCE OF 161.43 FEET TO THE POINT OF BEGINNING.
Parcel B:
BEGIN FROM THE NORTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF THE SAID SECTION 19,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, THE POINT OF INTERSTECTION OF THE R/W CENTERLINES OF BELCHER
AND NURSERY ROADS, AND RUN THENCE ALONG THE SAID R/W CENTERLINE OF BELCHER ROAD, S. 00°01’41” E.,
40.00 FEET; THENCE ALONG THE SOUTHERLY R/W LINE OF THE SAID NURSERY ROAD, S. 89°09’04” E., 311.00
FEET; THENCE S. 00°01’41” E., 231.60 FEET FOR A POINT OF BEGINNING; THENCE RUN S. 89°09’04” E., 172.00
FEET; THENCE S. 00°01’41” E., 112.40 FEET; THENCE N. 89°09’04” W., 172.00 FEET; THENCE N. 00°01’41” W,
112.40 TO THE POINT OF BEGINNING.
Exhibit B
PROPOSED ANNEXATION
Owner(s): Haysam LLC Case: ANX2019-02004
Site: Unaddressed Parcel & 2233 Nursery Road
Property
Size(Acres):
ROW (Acres):
1.081
Land Use Zoning
PIN: 19-29-16-00000-330-0900
19-29-16-00000-330-1500
From : Residential/Office
General (R/OG) GO – General Office
Atlas Page: 317A To: Residential/Office
General (R/OG) Office (O) 1862470272
23598
62124
06219
1
2
15 16 17 18 19 20 21
9 10 11
11
1
33/03
33/08
33/081
141
33/10
33/0933/07
33/02
2.85
33/15
11425
25
07155
11
10
9
44/04
4.8
44/02 44/01
41/05
5.19 AC(C)
AC(C)
AC
1
1
NURSERY RD S BELCHER RD MAPLE FOREST RD 911101500
1492
1490
2235217414992170
1505
1477
22501545 22601550 223915512182 2230217522251478
22451496 1492
22331475
2225
1486
217621721488
22411481
1494
1498
1583 -Not to Scale--Not a Survey-Rev. 2/15/2019
Ordinance No. 9251-19
ORDINANCE NO. 9251-19
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
UNADDRESSED REAL PROPERTY LOCATED
APPROXIMATELY 423 FEET SOUTH OF NURSERY ROAD
AND 265 FEET EAST OF SOUTH BELCHER ROAD, AND
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY
345 FEET SOUTH OF NURSERY ROAD AND 265 FEET
EAST OF SOUTH BELCHER ROAD, WHOSE POST
OFFICE ADDRESS IS 2233 NURSERY ROAD, ALL IN
CLEARWATER, FLORIDA 33764, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL/OFFICE GENERAL (R/OG); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
properties, upon annexation into the City of Clearwater, as follows:
Property Land Use
Category
See attached Exhibit A for legal descriptions; Residential/Office
General (R/OG)
(ANX2019-02004)
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. 9250-19.
Ordinance No. 9251-19
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
ANX2019‐02004, Unaddressed parcel & 2233 Nursery Road, 19‐29‐16‐00000‐330‐0900 & 19‐29‐16‐00000‐330‐1500
Parcel A:
FROM THE NORTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 19, TOWNSHIP 29
SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, RUN S. 00°01’41” E., ALONG THE WEST LINE OF SAID
SECTION 19, A DISTANCE OF 384.00 FEET, RUN THENCE S. 89°09’04” E., A DISTANCE OF 311.00 FEET FOR A
POINT OF BEGINNING, CONTINUE THENCE S. 89°09’04” E., A DISTANCE OF 172.00 FEET, RUN THENCE S.
00°01’41” E., A DISTANCE OF 162.20 FEET; RUN THENCE N. 88°53’42” W. A DISTANCE OF 172.00 FEET, RUN
THENCE N. 00°01’41” W., A DISTANCE OF 161.43 FEET TO THE POINT OF BEGINNING.
Parcel B:
BEGIN FROM THE NORTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF THE SAID SECTION 19,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, THE POINT OF INTERSTECTION OF THE R/W CENTERLINES OF BELCHER
AND NURSERY ROADS, AND RUN THENCE ALONG THE SAID R/W CENTERLINE OF BELCHER ROAD, S. 00°01’41” E.,
40.00 FEET; THENCE ALONG THE SOUTHERLY R/W LINE OF THE SAID NURSERY ROAD, S. 89°09’04” E., 311.00
FEET; THENCE S. 00°01’41” E., 231.60 FEET FOR A POINT OF BEGINNING; THENCE RUN S. 89°09’04” E., 172.00
FEET; THENCE S. 00°01’41” E., 112.40 FEET; THENCE N. 89°09’04” W., 172.00 FEET; THENCE N. 00°01’41” W,
112.40 TO THE POINT OF BEGINNING.
Exhibit B
PROPOSED FUTURE LAND USE MAP
Owner(s): Haysam LLC Case: ANX2019-02004
Site: Unaddressed Parcel & 2233 Nursery Road
Property
Size(Acres):
ROW (Acres):
1.081
Land Use Zoning
PIN: 19-29-16-00000-330-0900
19-29-16-00000-330-1500
From : Residential/Office
General (R/OG) GO – General Office
Atlas Page: 317A To: Residential/Office
General (R/OG) Office (O) 1862470272
23598
62124
06219
1
2
15 16 17 18 19 20 21
9 10 11
11
1
33/03
33/08
33/081
141
33/10
33/0933/07
33/02
2.85
33/15
11425
25
07155
11
10
9
44/04
4.8
44/02 44/01
41/05
5.19 AC(C)
AC(C)
AC
1
1
NURSERY RD S BELCHER RD MAPLE FOREST RD RM
RH
CG RH
R/OG
RS
RS
CG
CG
RS
RS
R/O/R
CG CG
R/OGWATER911101500
1492
1490
2235217414992170
1505
1477
22501545 22601550 223915512182 2230217522251478
22451496 1492
22331475
2225
1486
217621721488
22411481
1494
1498
1583 -Not to Scale--Not a Survey-Rev. 2/19/2019
Ordinance No. 9252-19
ORDINANCE NO. 9252-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN UNADDRESSED REAL PROPERTY
LOCATED APPROXIMATELY 423 FEET SOUTH OF
NURSERY ROAD AND 265 FEET EAST OF SOUTH
BELCHER ROAD, AND CERTAIN REAL PROPERTY
LOCATED APPROXIMATELY 345 FEET SOUTH OF
NURSERY ROAD AND 265 FEET EAST OF SOUTH
BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS
2233 NURSERY ROAD, ALL IN CLEARWATER, FLORIDA
33764, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS OFFICE (O); 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,
is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9250-19.
Property Zoning District
See attached Exhibit A for legal descriptions; Office (O)
(ANX2019-02004)
Ordinance No. 9252-19
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
ANX2019‐02004, Unaddressed parcel & 2233 Nursery Road, 19‐29‐16‐00000‐330‐0900 & 19‐29‐16‐00000‐330‐1500
Parcel A:
FROM THE NORTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 19, TOWNSHIP 29
SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, RUN S. 00°01’41” E., ALONG THE WEST LINE OF SAID
SECTION 19, A DISTANCE OF 384.00 FEET, RUN THENCE S. 89°09’04” E., A DISTANCE OF 311.00 FEET FOR A
POINT OF BEGINNING, CONTINUE THENCE S. 89°09’04” E., A DISTANCE OF 172.00 FEET, RUN THENCE S.
00°01’41” E., A DISTANCE OF 162.20 FEET; RUN THENCE N. 88°53’42” W. A DISTANCE OF 172.00 FEET, RUN
THENCE N. 00°01’41” W., A DISTANCE OF 161.43 FEET TO THE POINT OF BEGINNING.
Parcel B:
BEGIN FROM THE NORTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF THE SAID SECTION 19,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, THE POINT OF INTERSTECTION OF THE R/W CENTERLINES OF BELCHER
AND NURSERY ROADS, AND RUN THENCE ALONG THE SAID R/W CENTERLINE OF BELCHER ROAD, S. 00°01’41” E.,
40.00 FEET; THENCE ALONG THE SOUTHERLY R/W LINE OF THE SAID NURSERY ROAD, S. 89°09’04” E., 311.00
FEET; THENCE S. 00°01’41” E., 231.60 FEET FOR A POINT OF BEGINNING; THENCE RUN S. 89°09’04” E., 172.00
FEET; THENCE S. 00°01’41” E., 112.40 FEET; THENCE N. 89°09’04” W., 172.00 FEET; THENCE N. 00°01’41” W,
112.40 TO THE POINT OF BEGINNING.
Exhibit B
PROPOSED ZONING MAP
Owner(s): Haysam LLC Case: ANX2019-02004
Site: Unaddressed Parcel & 2233 Nursery Road
Property
Size(Acres):
ROW (Acres):
1.081
Land Use Zoning
PIN: 19-29-16-00000-330-0900
19-29-16-00000-330-1500
From : Residential/Office
General (R/OG) GO – General Office
Atlas Page: 317A To: Residential/Office
General (R/OG) Office (O) 1862470272
23598
62124
06219
1
2
15 16 17 18 19 20 21
9 10 11
11
1
33/03
33/08
33/081
141
33/10
33/0933/07
33/02
2.85
33/15
11425
25
07155
11
10
9
44/04
4.8
44/02 44/01
41/05
5.19 AC(C)
AC(C)
AC
1
1
NURSERY RD S BELCHER RD MAPLE FOREST RD 911101500
1492
1490
2235217414992170
1505
1477
22501545 22601550 223915512182 2230217522251478
22451496 1492
C
MDR
O
MHDR
C
HDR
O
LDR
22331475
2225
1486
217621721488
22411481
1494
1498
1583
LDR -Not to Scale--Not a Survey-Rev. 2/19/2019
LOCATION MAP
Owner(s): Haysam LLC Case: ANX2019-02004
Site: Unaddressed Parcel & 2233 Nursery Road
Property
Size(Acres):
ROW (Acres):
1.081
Land Use Zoning
PIN: 19-29-16-00000-330-0900
19-29-16-00000-330-1500
From : Residential/Office
General (R/OG) GO – General Office
Atlas Page: 317A To: Residential/Office
General (R/OG) Office (O)
NURSERY RD
BELLEAIR RD S BELCHER RD BEVERLY DR CURTIS DR S
ALEMANDA DR
CATALINA DR S
BARCELONA DR EXCALIBER DR MAPLE FOREST RD WILLIAMS DR MEADOW DALE DR RESERVE BLVD BRIDGE WAYWISTFULL VISTA DR
^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 2/19/2019
AERIAL PHOTOGRAPH
Owner(s): Haysam LLC Case: ANX2019-02004
Site: Unaddressed Parcel & 2233 Nursery Road
Property
Size(Acres):
ROW (Acres):
1.081
Land Use Zoning
PIN: 19-29-16-00000-330-0900
19-29-16-00000-330-1500
From : Residential/Office
General (R/OG) GO – General Office
Atlas Page: 317A To: Residential/Office
General (R/OG) Office (O)
NURSERY RD NURSERY RD S BELCHER RD S BELCHER RD -Not to Scale--Not a Survey-Rev. 2/19/2019
EXISTING SURROUNDING USES MAP
Owner(s): Haysam LLC Case: ANX2019-02004
Site: Unaddressed Parcel & 2233 Nursery Road
Property
Size(Acres):
ROW (Acres):
1.081
Land Use Zoning
PIN: 19-29-16-00000-330-0900
19-29-16-00000-330-1500
From : Residential/Office
General (R/OG) GO – General Office
Atlas Page: 317A To: Residential/Office
General (R/OG) Office (O) 1862470272
23598
62124
06219
1
2
15 16 17 18 19 20 21
9 10 11
11
1
33/03
33/08
33/081
141
33/10
33/0933/07
33/02
2.85
33/15
11425
25
07155
11
10
9
44/04
4.8
44/02 44/01
41/05
5.19 AC(C)
AC(C)
AC
1
1
NURSERY RD S BELCHER RD MAPLE FOREST RD 911101500
1492
1490
2235217414992170
1505
1477
22501545 22601550 223915512182 2230217522251478
22451496 1492
22331475
2225
1486
217621721488
22411481
1494
1498
1583 -Not to Scale--Not a Survey-Rev. 2/15/2019
Multi-Family
Residential
Bank Commercial Office
Multi-Family
Residential Commercial Office Multi-Family
Residential
Bank
Commercial
Commercial
ANX2019-02004
Haysam LLC
2233 Nursery Road
View looking east at subject property, 2233 Nursery Road.
South of the subject property
North of the subject property
Across the street, to the west of the subject property
View looking northerly along Executive Place Drive View looking southerly along Executive Place Drive
ANX2019-02004
Haysam LLC
Unaddressed Nursery Road
View looking east at subject property, unaddressed Nursery Road.
South of the subject property
North of the subject property
Across the street, to the west of the subject property
View looking northerly along Executive Place Drive View looking southerly along Executive Place Drive
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2019-02005
Agenda Date: 4/18/2019 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of US 19-Neighborhood Center
(US 19-NC) and initial Zoning Atlas designation of US 19 District for an unaddressed parcel
located on the southwest corner of Nursery Road and US Highway 19 North, together with all
abutting Nursery Road right-of-way; and pass Ordinances 9253-19, 9254-19 and 9255-19 on
first reading. (ANX2019-02005)
SUMMARY:
This voluntary annexation petition involves 0.516 acres of property which is currently vacant.
The parcel is located on the southwest corner of Nursery Road and US Highway 19 North. The
applicant owns 18584 US Highway 19 North, the L-shaped parcel abutting to the west and
south of the subject property, and is requesting this annexation so that this additional parcel is
also in the City’s jurisdiction for future redevelopment of the entire site. The property is
contiguous to existing city limits in all directions, and the annexation of the property will
eliminate an enclave. The Development Review Committee is proposing that the 0.117 acres of
abutting Nursery Road right-of-way also be annexed. It is proposed that the property be
assigned a Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and a
Zoning Atlas designation of US 19.
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 does not have water or sewer service as the parcel was
previously used as a parking lot for a fast food restaurant. The applicant is requesting
annexation in order to prepare a unified plan for redevelopment and would include this
parcel within any development application. Therefore, connection to urban infrastructure
(i.e., city sewer and water) is not being requested at this time but is anticipated in the
future. The applicant is aware that the required sanitary sewer and water impact and
assessment fees must be paid in full prior to connection and of any additional costs to
extend to the City’s sanitary sewer and water lines. The property is located within Police
District III and service will be administered through the district headquarters located at
2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to
this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve this property with solid waste, police, fire and EMS service, as well as
water and sanitary sewer when requested in the future. 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 of the
Page 1 City of Clearwater Printed on 4/17/2019
File Number: ANX2019-02005
Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.5 Unincorporated property within the Clearwater Planning Area
located within the US 19 Corridor redevelopment area shall be designated
through an amendment to the Future Land Use Map with the appropriate future
land use category upon annexation, consistent with the US 19 Regional Center,
US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on
Map A-17.
·The US 19-Neighborhood Center (US 19-NC) category primarily permits a mix of uses
at a floor area ratio (FAR) of 1.5. The proposed zoning district to be assigned to the
property is US 19 District. The proposed annexation is therefore consistent with the
City’s Comprehensive Plan and Community Development Code;
·The proposed US 19-Neighborhood Center (US 19-NC) Future Land Use Map category
to be assigned to the property will require an amendment to the Countywide Plan Map
from Retail & Services (R&S) to Activity Center (AC); and
·The property proposed for annexation is contiguous to existing city limits in all
directions; 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 4/17/2019
Ordinance No. 9253-19
ORDINANCE NO. 9253-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL
PROPERTY LOCATED ON THE SOUTHWEST CORNER OF
NURSERY ROAD AND US HIGHWAY 19 NORTH,
CLEARWATER, FLORIDA 33764, TOGETHER WITH ALL
ABUTTING RIGHT-OF-WAY OF NURSERY ROAD, INTO
THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for legal description.
(ANX2019-02005)
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. 9253-19
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
ANX2019‐02005, Unaddressed parcel, 19‐29‐16‐00000‐440‐0100
That part of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 19, Township 29
South, Range 16 East, Pinellas County, Florida, being further described as follows:
Begin at the Southeast corner of the aforesaid Section 19, and run thence North 01°26'21" East, 1343.64
feet along the center line of U.S. Highway 19 to the 40 acres line, also being the centerline of Nursery
Road; thence North 89°24'49" West, 100.01 feet along the centerline of Nursery Road (40 acres line);
thence South 01°26'21" West 40.00 feet along the Westerly right‐of‐way of U.S. Highway 19 to the Point
of Beginning; thence continue South 01°26'21" West, along said Westerly right‐of‐way, 150.00 feet;
thence North 89°24'49" West 150.00 feet thence North 01°26'21" East, 150.00 feet to a point lying on
the South right‐of‐way of said Nursery Road; thence South 89°24'49" East, along said South right‐of‐way,
150.00 feet to the Point of Beginning.
Together with all abutting Right‐of‐Way of Nursery Road.
Exhibit B
PROPOSED ANNEXATION
Owner(s): Wilder Corporation of Delaware Case: ANX2019-02005
Site: Unaddressed Parcel
Property
Size(Acres):
ROW (Acres):
0.516
0.117
Land Use Zoning
PIN: 19-29-16-00000-440-0100
From : Commercial General
(CG) C-2 General Retail
Commercial
Atlas Page: 317B To: US 19 Neighborhood
Center (US 19-NC) US 19 (US 19) 50820*
25385
A
169.1
86 143.4 100.1 135.7 41.6
161.2144.7130.3159.893.5
165.1 107.7106.6152.29 9.7
4
3.6
5 6 .7 56.7
5
6.7
15.3
67.9
148.1
232.38461462.17275
275 9696
96
41/09
41/10
41/12
44/01
44/02
44/03
44/04
44/11 41/118.22
44/051
44/06 44/052
41/091
3.08
1.1
DEED DISCREPANCY
21858
85187 A
78.45
70204.4346.5
301144
122.83489.9
177.9356.2
70.6345.8
91.1 96.4
62.2
106
38.532/03
33/03
3.88
1
AC(C)
AC(C)
AC(C)
AC(C)US-19 NE US-19 FRONTAGE RDW US-19 FRONTAGE RDNURSERY RD FLOURNOY CIR WFLOURNOY BLVD FLOURNOY LOOP 2253261173201231212043242241202031163042262082133141193082122191182232072061152093161111072101093102141103122151013181223062111241001052051253221142022011021081131122212171032202221515
15232625
1551
15921591
1574
15881583
155625551564255915571580 2561157725961596
1568158718546
18746
18423
18699
18819
18421
18400
18627
18736
18562
18538
18514
18524
18740
21630221815531575 2570156015851586
15941581
1557258415761555
15621590
25761582
256165 15891578
15541566157018540
18548
18675
18698 18717
18584 -Not to Scale--Not a Survey-Rev. 2/15/2019
Ordinance No. 9254-19
ORDINANCE NO. 9254-19
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
UNADDRESSED REAL PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF NURSERY ROAD AND US
HIGHWAY 19 NORTH, CLEARWATER, FLORIDA 33764,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS US 19 NEIGHBORHOOD CENTER (US 19 - NC);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use
Category
See attached Exhibit A for legal description; US 19
Neighborhood
Center (US 19 –
NC)
(ANX2019-02005)
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. 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 or
to achieve consistency with the Future Land Use Plan Element of the City’s
Comprehensive Plan as amended by this ordinance.
Ordinance No. 9254-19
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
ANX2019‐02005, Unaddressed parcel, 19‐29‐16‐00000‐440‐0100
That part of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 19, Township 29
South, Range 16 East, Pinellas County, Florida, being further described as follows:
Begin at the Southeast corner of the aforesaid Section 19, and run thence North 01°26'21" East, 1343.64
feet along the center line of U.S. Highway 19 to the 40 acres line, also being the centerline of Nursery
Road; thence North 89°24'49" West, 100.01 feet along the centerline of Nursery Road (40 acres line);
thence South 01°26'21" West 40.00 feet along the Westerly right‐of‐way of U.S. Highway 19 to the Point
of Beginning; thence continue South 01°26'21" West, along said Westerly right‐of‐way, 150.00 feet;
thence North 89°24'49" West 150.00 feet thence North 01°26'21" East, 150.00 feet to a point lying on
the South right‐of‐way of said Nursery Road; thence South 89°24'49" East, along said South right‐of‐way,
150.00 feet to the Point of Beginning.
Together with all abutting Right‐of‐Way of Nursery Road.
Exhibit B
PROPOSED FUTURE LAND USE MAP
Owner(s): Wilder Corporation of Delaware Case: ANX2019-02005
Site: Unaddressed Parcel
Property
Size(Acres):
ROW (Acres):
0.516
0.117
Land Use Zoning
PIN: 19-29-16-00000-440-0100
From : Commercial General
(CG) C-2 General Retail
Commercial
Atlas Page: 317B To: US 19 Neighborhood
Center (US 19-NC) US 19 (US 19) 50820*
25385
A8
6
7 8 9
10
12
17 18 19 20 2122 23 24
25
26
27
28
29
30
31
32
33
34
35
36373839404142
PHASE ONE41/09
41/10
41/12
44/01
44/02
44/03
44/04
44/11 41/118.22
44/051
44/06 44/052
41/091
3.08
1.1
DEED DISCREPANCY
21858
85187 A
1
1
32/03
33/03
3.88
1
AC(C)
AC(C)
AC(C)
AC(C)
NURSERY RD
US 19-NC
US 19-NC
US 19-C
RL
US 19-C
RM
US 19-C
CG
WATER
US 19-CUS 19-C
US-19 NE US-19 FRONTAGE RDW US-19 FRONTAGE RDFLOURNOY CIR WFLOURNOY BLVD FLOURNOY LOOP 2253261173201231212043241202031163042082133141193082122191182232072061152093161111072101093102141103122151013181223062111241001052051253221142022011021081131122212171031515 262515512570255525592584155525762561259618546
18746
18423
18699
18819
18421
18627
18675
18736
18562
18538
18514
18717
18524
18740
2242163022262182202221553
15231575159215911574
15881583
15561560158515641586
15941581
155715571576
15621590
15801582
256165 157715961589
15681578
155415661570158718540
18400
18548
18698
18584 -Not to Scale--Not a Survey-Rev. 2/15/2019
Ordinance No. 9255-19
ORDINANCE NO. 9255-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN UNADDRESSED REAL PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF NURSERY
ROAD AND US HIGHWAY 19 NORTH, CLEARWATER,
FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS US 19 (US 19); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9253-19.
Property Zoning District
See attached Exhibit A for legal description; US 19 (US 19)
(ANX2019-02005)
Ordinance No. 9255-19
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
ANX2019‐02005, Unaddressed parcel, 19‐29‐16‐00000‐440‐0100
That part of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 19, Township 29
South, Range 16 East, Pinellas County, Florida, being further described as follows:
Begin at the Southeast corner of the aforesaid Section 19, and run thence North 01°26'21" East, 1343.64
feet along the center line of U.S. Highway 19 to the 40 acres line, also being the centerline of Nursery
Road; thence North 89°24'49" West, 100.01 feet along the centerline of Nursery Road (40 acres line);
thence South 01°26'21" West 40.00 feet along the Westerly right‐of‐way of U.S. Highway 19 to the Point
of Beginning; thence continue South 01°26'21" West, along said Westerly right‐of‐way, 150.00 feet;
thence North 89°24'49" West 150.00 feet thence North 01°26'21" East, 150.00 feet to a point lying on
the South right‐of‐way of said Nursery Road; thence South 89°24'49" East, along said South right‐of‐way,
150.00 feet to the Point of Beginning.
Together with all abutting Right‐of‐Way of Nursery Road.
Exhibit B
PROPOSED ZONING MAP
Owner(s): Wilder Corporation of Delaware Case: ANX2019-02005
Site: Unaddressed Parcel
Property
Size(Acres):
ROW (Acres):
0.516
0.117
Land Use Zoning
PIN: 19-29-16-00000-440-0100
From : Commercial General
(CG) C-2 General Retail
Commercial
Atlas Page: 317B To: US 19 Neighborhood
Center (US 19-NC) US 19 (US 19) 50820*
25385
A8
6
7 8 9
10
12
17 18 19 20 2122 23 24
25
26
27
28
29
30
31
32
33
34
35
36373839404142
PHASE ONE41/09
41/10
41/12
44/01
44/02
44/03
44/04
44/11 41/118.22
44/051
44/06 44/052
41/091
3.08
1.1
DEED DISCREPANCY
21858
85187 A
1
1
32/03
33/03
3.88
1
AC(C)
AC(C)
AC(C)
AC(C)
NURSERY RD US-19 NE US-19 FRONTAGE RDW US-19 FRONTAGE RDFLOURNOY CIR WFLOURNOY BLVD FLOURNOY LOOP 2253261173201231212043242241202031163042262082133141193082122191182232072061152093161111072101093102141103122151013181223062111241001052051253221142022011021081131122212171032202221515
15232625
15512570255525591557258425762561259618546
18746
18423
18699
18819
18421
18400
18627
18675
18736
18562
18538
18514
18717
18524
18740
US 19
US 19
MDR 21630221815531575 15921591
1574
15881583
15561560158515641586
15941581
155715761555
15621590
15801582
256165 157715961589
15681578
155415661570158718540
18548
18698
18584 -Not to Scale--Not a Survey-Rev. 2/15/2019
LOCATION MAP
Owner(s): Wilder Corporation of Delaware Case: ANX2019-02005
Site: Unaddressed Parcel
Property
Size(Acres):
ROW (Acres):
0.516
0.117
Land Use Zoning
PIN: 19-29-16-00000-440-0100
From : Commercial General
(CG) C-2 General Retail
Commercial
Atlas Page: 317B To: US 19 Neighborhood
Center (US 19-NC) US 19 (US 19) US-19 NE US-19 FRONTAGE RDW US-19 FRONTAGE RDBELLEAIR RD
NURSERY RD
VIA CIPRIANI
HARN BLVD
VI A C A P R I SUMMERLIN DR FLOURNOY CIR EFLOURNOY CIR WLACONIA DR ELACONIA DR WFLOURNOY WAY BURNS DR ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 2/14/2019
AERIAL PHOTOGRAPH
Owner(s): Wilder Corporation of Delaware Case: ANX2019-02005
Site: Unaddressed Parcel
Property
Size(Acres):
ROW (Acres):
0.516
0.117
Land Use Zoning
PIN: 19-29-16-00000-440-0100
From : Commercial General
(CG) C-2 General Retail
Commercial
Atlas Page: 317B To: US 19 Neighborhood
Center (US 19-NC) US 19 (US 19) US-19 NUS-19 NE US-19 FRONTAGE RDE US-19 FRONTAGE RDW US-19 FRONTAGE RDW US-19 FRONTAGE RDNURSERY RD NURSERY RD FLOURNOY CIR WFLOURNOY CIR WFLOURNOY BLVD FLOURNOY BLVD FLOURNOY LOOP FLOURNOY LOOP -Not to Scale--Not a Survey-Rev. 2/15/2019
EXISTING SURROUNDING USES MAP
Owner(s): Wilder Corporation of Delaware Case: ANX2019-02005
Site: Unaddressed Parcel
Property
Size(Acres):
ROW (Acres):
0.516
0.117
Land Use Zoning
PIN: 19-29-16-00000-440-0100
From : Commercial General
(CG) C-2 General Retail
Commercial
Atlas Page: 317B To: US 19 Neighborhood
Center (US 19-NC) US 19 (US 19) 50820*
25385
A
169.1
86 143.4 100.1 135.7 41.6
161.2144.7130.3159.893.5
1
6
5.1 107.7106.6152.29 9.7
4
3.6
5 6 .7 56.7
56.7
15.3
67.9
148.1
232.38461462.17275
275 9696
96
41/09
41/10
41/12
44/01
44/02
44/03
44/04
44/11 41/118.22
44/051
44/06 44/052
41/091
3.08
1.1
DEED DISCREPANCY
21858
85187 A
78.45
70204.4346.5
301144
122.83489.9
177.9356.2
70.6345.8
91.1 96.4
62.2
106
38.532/03
33/03
3.88
1
AC(C)
AC(C)
AC(C)
AC(C)US-19 NE US-19 FRONTAGE RDW US-19 FRONTAGE RDNURSERY RD FLOURNOY CIR WFLOURNOY BLVD FLOURNOY LOOP 2253261173201231212043242241202031163042262082133141193082122191182232072061152093161111072101093102141103122151013181223062111241001052051253221142022011021081131122212171032202221515
15232625
1551
15921591
1574
15881583
155625551564255915571580 2561157725961596
1568158718546
18746
18423
18699
18819
18421
18400
18627
18736
18562
18538
18514
18524
18740
21630221815531575 2570156015851586
15941581
1557258415761555
15621590
25761582
256165 15891578
15541566157018540
18548
18675
18698 18717
18584 -Not to Scale--Not a Survey-Rev. 2/15/2019
Commercial
Commercial
Self Storage Office Commercial Mobile Home Park
Automobile
Sales & Service
Multi-Family
Residential
Multi-Family
Residential
Commercial
Commercial
ANX2019-02005
Wilder Corporation of Delaware
Unaddressed US Highway 19 North
View looking south at subject property, Unaddressed US Highway 19 North.
West of the subject property
East of the subject property
North of the subject property
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2019-02008
Agenda Date: 4/18/2019 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1763
Ragland Court, together with all right-of-way of Ragland Court; and pass Ordinances 9262-19,
9263-19 and 9264-19 on first reading. (ANX2019-02008)
SUMMARY:
This voluntary annexation petition involves 0.218 acres of property consisting of one parcel of
land occupied by a single-family home. The parcel is located on the north side of Ragland
Court approximately 110 feet east of Ragland Avenue. The applicant is requesting annexation in
order to receive sanitary sewer and solid waste service from the City. The property is located
within an enclave and is contiguous to existing city limits to the west, north and east. The
Development Review Committee is proposing that the 0.196 acres of Ragland Court
right-of-way not currently within the City also be annexed. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Clearwater Community Development Code Section 4-604.E
as follows:
·The property currently receives water service from Pinellas County. The closest
sanitary sewer line is located in the adjacent Ragland Court right -of-way. The applicant
has paid the required sewer impact fee in full and is aware of the additional costs to
extend City sewer service to the property. Collection of solid waste will be provided to
the property by the City. The property is located within Police District III and service will
be administered through the district headquarters located at 2851 N. McMullen Booth
Road. Fire and emergency medical services will be provided to this property by Station
48 located at 1700 North Belcher Road. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service. Water service
will continue to be provided by 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 4/17/2019
File Number: ANX2019-02008
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
·The proposed Residential Low (RL) Future Land Use Map category to be assigned to
the property is consistent with the Countywide Plan designation. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed zoning
district to be assigned to the property is Low Medium Density Residential (LMDR). The
use of the subject property is consistent with the uses allowed in the District and the
property exceeds the District’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
·The property proposed for annexation is contiguous to existing city limits to the west,
north and east; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 4/17/2019
Ordinance No. 9262-19
ORDINANCE NO. 9262-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF RAGLAND COURT
APPROXIMATELY 110 FEET EAST OF RAGLAND AVENUE
WHOSE POST OFFICE ADDRESS IS 1763 RAGLAND
COURT, CLEARWATER, FLORIDA 33765, TOGETHER
WITH ALL RIGHT-OF-WAY OF RAGLAND COURT, INTO
THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owners of the real property described herein and depicted on the
map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 76, Clearwater Manor, according to the map or plat thereof, as recorded in Plat
Book 41, Page 66 of the Public Records of Pinellas County, Florida; together with all
Right-of-Way of Ragland Court.
(ANX2019-02008)
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,
Ordinance No. 9262-19
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
PROPOSED ANNEXATION
Owner(s): Alice R. MacInnis & Sandra Devarney Case: ANX2019-02008
Site: 1763 Ragland Court
Property
Size(Acres):
ROW (Acres):
0.218
0.196
Land Use Zoning
PIN: 06-29-16-16506-000-0760
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 263A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
06220
2
1
2
16506A
B
18 19 42 43 48 49
60 59 58 57 56 55
12345678910111213
15 16 17
17 16 15 14
18
19
20
21
22
23
24
25
26
27
47
46
45
44
43
42
41
40
39
48
49
50
51
52
53
54
55
56
38
37
36
33
28
29
30
31
32
34
35
57
58
59
60
61
62 63
64
65
66
67
68
69
70
71
72
73
107
106
105
104
103
102
101
100
99
98
97
96
95
94
8178 79 80
77 76
75
74 117
116
115
114
113
112
111
110
109
108
127
126
125
124
123
122
121
120
119
118
82
84
93 92 91
90
1
2
3
7
5
4
83
3
2
1
1
N BELCHER RD MANOR BLVD N
W LAGOON CIRRAGLAND AVE W MANOR AVE VERDE DR E LAGOON CIRVANDERBILT DR
CALUMET ST N LAG OON CIR RAGLAND CT 2180219817712220
1716 22401710226322171770
1802
22731756
1809
1811
1740 22471748
1716
1811
1734
1809
225222431749
1799
1744
1721 226922321764
1741
1809
1811
17242201 224322681811
1745
1728 224422571733
1750 226422371732
1758
1810
1716
1760 22571721
1737
1716
1749
1749
1811
22061717
1811
1728
1736222517441763
1725
1751 226822001740
1
7
5
5
1736
1732
1717 225622281724
17481748
1736
1729
1725
1756
171617512236 22491767
1744
1732
1741
1762
1762
1717
1745 11740
1750 22161720
1724
1763
1736
1759
1733 22511733
1711 22601758
1720
1754
1729 22481811
1728
1735 223922611744
1711
1755
1729
1
174022122224 22631720
1741
1755 1759
1732
1735
1710
1724
1721
1725
1750
1754 226022311728 -Not to Scale--Not a Survey-Rev. 2/14/2019
Ordinance No. 9263-19
ORDINANCE NO. 9263-19
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 NORTH SIDE OF
RAGLAND COURT APPROXIMATELY 110 FEET EAST OF
RAGLAND AVENUE, WHOSE POST OFFICE ADDRESS IS
1763 RAGLAND COURT, CLEARWATER, FLORIDA 33765,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use
Category
Lot 76, Clearwater Manor, according to the
map or plat thereof, as recorded in Plat Book
41, Page 66 of the Public Records of
Pinellas County, Florida.
Residential Low
(RL)
(ANX2019-02008)
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. 9262-19.
Ordinance No. 9263-19
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
PROPOSED FUTURE LAND USE MAP
Owner(s): Alice R. MacInnis & Sandra Devarney Case: ANX2019-02008
Site: 1763 Ragland Court
Property
Size(Acres):
ROW (Acres):
0.218
0.196
Land Use Zoning
PIN: 06-29-16-16506-000-0760
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 263A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
06220
2
1
2
16506A
B
18 19 42 43 48 49
60 59 58 57 56 55
12345678910111213
15 16 17
17 16 15 14
18
19
20
21
22
23
24
25
26
27
47
46
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48
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55
56
38
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36
33
28
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30
31
32
34
35
57
58
59
60
61
62 63
64
65
66
67
68
69
70
71
72
73
107
106
105
104
103
102
101
100
99
98
97
96
95
94
8178 79 80
77 76
75
74 117
116
115
114
113
112
111
110
109
108
127
126
125
124
123
122
121
120
119
118
82
84
93 92 91
90
1
2
3
7
5
4
83
3
2
1
1
N BELCHER RD MANOR BLVD N
W LAGOON CIRRAGLAND AVE W MANOR AVE VERDE DR E LAGOON CIRVANDERBILT DR
CALUMET ST N LAG OON CIR RAGLAND CT
I
IL
RU
RU
RL
IL
RU
RU
R/OG
RL RL
RU
RL
RL
RL
RL
RU
RL
RL
RU
RL
P
RU
RU
RL
RU
RU
RU
RL
218021981750 2264223717712220 1810
1716
1760 22571737
17492206
1728
1736222522401744
1710226322171770
1802
17512200
22731736
1756
1809
1732 22561811
222822471748
1724
1748
1748
1716
1729
1811
1756
1716
1809
2236224922521767 22431744
1732
1741
1762
1717
1745
1750 22161720
1724
1749
1744
1763
1736
1759
1721225122321733
1711
1764
22601720
1754 22481728
1735 22391741
1811
22611724
17112243 1755
174022122224 22631720
1741
1755
1732
1710 22681724
1750
1811
1754 22602231224422571732
1758
1
1721
1716
1749
1811
1717
1811
1716 17631725 22681740
17
5
5
1717
1740
1736
1725
1734 17511762
1
1740
1799
22691733
1758
1
1729
1811
1809
17442201
1729
1
1759
1735
1721
1725
1
1745
1728
1728
1733 -Not to Scale--Not a Survey-Rev. 2/14/2019
Ordinance No. 9264-19
ORDINANCE NO. 9264-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF RAGLAND COURT
APPROXIMATELY 110 FEET EAST OF RAGLAND
AVENUE, WHOSE POST OFFICE ADDRESS IS 1763
RAGLAND COURT, CLEARWATER, FLORIDA 33765,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit 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. 9262-19.
Property Zoning District
Lot 76, Clearwater Manor, according to the
map or plat thereof, as recorded in Plat Book
41, Page 66 of the Public Records of
Pinellas County, Florida.
Low Medium Density Residential
(LMDR)
(ANX2019-02008)
Ordinance No. 9264-19
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
PROPOSED ZONING MAP
Owner(s): Alice R. MacInnis & Sandra Devarney Case: ANX2019-02008
Site: 1763 Ragland Court
Property
Size(Acres):
ROW (Acres):
0.218
Land Use Zoning
PIN: 06-29-16-16506-000-0760
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 263A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
06220
2
1
2
16506A
B
18 19 42 43 48 49
60 59 58 57 56 55
12345678910111213
15 16 17
17 16 15 14
18
19
20
21
22
23
24
25
26
27
47
46
45
44
43
42
41
40
39
48
49
50
51
52
53
54
55
56
38
37
36
33
28
29
30
31
32
34
35
57
58
59
60
61
62 63
64
65
66
67
68
69
70
71
72
73
107
106
105
104
103
102
101
100
99
98
97
96
95
94
8178 79 80
77 76
75
74 117
116
115
114
113
112
111
110
109
108
127
126
125
124
123
122
121
120
119
118
82
84
93 92 91
90
1
2
3
7
5
4
83
3
2
1
1
N BELCHER RD MANOR BLVD N
W LAGOON CIRRAGLAND AVE W MANOR AVE VERDE DR E LAGOON CIRVANDERBILT DR
CALUMET ST N LAG OON CIR RAGLAND CT
LMDR
I
IRT
O
218021981750 2264223717712220
1732
1758
1810
1716
1760 22571737
1716
17492206
1728
17362225
1716 22401744
1710226322171770
1802
1751 226822001740 22731736
1756
1809
1732 22561811
1740 222822471748
1724
1748
1748
1736
1716
1729
1811
1756
1716
1734
1809
2236224922521767 22431744
1732
1741
1762
1762
1717
1745
1740
1750 22161720
1724
1749
1744
1763
1736
1759
1721 2269225122321733
1711
1764
22601758
1720
1754 22481728
1735 22391741
1809
1811
22611724
17112243 1755
174022122224 22631720
1741
1755
1732
1710 22681724
1750
1811
1754 22601745
1728 223122441728 22571733
1
1721
1749
1811
1717
1811
17631725
17
5
5
1717
1725 17511
1799
1733
1
1729
1811
17442201
1729
1
1759
1735
1721
1725
1-Not to Scale--Not a Survey-Rev. 3/12/2019
LOCATION MAP
Owner(s): Alice R. MacInnis & Sandra Devarney Case: ANX2019-02008
Site: 1763 Ragland Court
Property
Size(Acres):
ROW (Acres):
0.218
0.196
Land Use Zoning
PIN: 06-29-16-16506-000-0760
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 263A To: Residential Low (RL) Low Medium Density
Residential (LMDR) N BELCHER RD SUNSET POINT RD N OLD COACHMAN RDYALE DR ALBRIGHT DR MANOR BLVD N
S LAGOON CIR
LOGAN ST STETSON DR 5th ST
6th ST PRINCETON DR CALUMET ST
CAMPBELL RD VERDE DR W LAGOON CIRRAGLAND AVE W MANOR AVE ELMHURST DR GLENVILLE DR 7th ST 4th ST SUNNYDALE BLVD ASBURY DR WETHERINGTON RD BELMONT DR EVANDERBILT DR
^PROJECT
SITE -Not to Scale--Not a Survey-Rev. 2/13/2019
AERIAL PHOTOGRAPH
Owner(s): Alice R. MacInnis & Sandra Devarney Case: ANX2019-02008
Site: 1763 Ragland Court
Property
Size(Acres):
ROW (Acres):
0.218
0.196
Land Use Zoning
PIN: 06-29-16-16506-000-0760
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 263A To: Residential Low (RL) Low Medium Density
Residential (LMDR) N BELCHER RD N BELCHER RD MANOR BLVD NMANOR BLVD N
W LAGOON CIRW LAGOON CIRRAGLAND AVE RAGLAND AVE W MANOR AVE W MANOR AVE VERDE DR VERDE DR E LAGOON CIRE LAGOON CIRVANDERBILT DR VANDERBILT DR
CALUMET ST CALUMET ST N LAGOON CIR N LAG OON CIR -Not to Scale--Not a Survey-Rev. 2/14/2019
EXISTING SURROUNDING USES MAP
Owner(s): Alice R. MacInnis & Sandra Devarney Case: ANX2019-02008
Site: 1763 Ragland Court
Property
Size(Acres):
ROW (Acres):
0.218
0.196
Land Use Zoning
PIN: 06-29-16-16506-000-0760
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 263A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
06220
2
1
2
16506A
B
18 19 42 43 48 49
60 59 58 57 56 55
12345678910111213
15 16 17
17 16 15 14
18
19
20
21
22
23
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25
26
27
47
46
45
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48
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56
38
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36
33
28
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30
31
32
34
35
57
58
59
60
61
62 63
64
65
66
67
68
69
70
71
72
73
107
106
105
104
103
102
101
100
99
98
97
96
95
94
8178 79 80
77 76
75
74 117
116
115
114
113
112
111
110
109
108
127
126
125
124
123
122
121
120
119
118
82
84
93 92 91
90
1
2
3
7
5
4
83
3
2
1
1
N BELCHER RD MANOR BLVD N
W LAGOON CIRRAGLAND AVE W MANOR AVE VERDE DR E LAGOON CIRVANDERBILT DR
CALUMET ST N LAG OON CIR RAGLAND CT 2180219817712220
1716 22401710226322171770
1802
22731756
1809
1811
1740 22471748
1716
1811
1734
1809
225222431749
1799
1744
1721 226922321764
1741
1809
1811
17242201 224322681811
1745
1728 224422571733
1750 226422371732
1758
1810
1716
1760 22571721
1737
1716
1749
1749
1811
22061717
1811
1728
1736222517441763
1725
1751 226822001740
1
7
5
5
1736
1732
1717 225622281724
17481748
1736
1729
1725
1756
171617512236 22491767
1744
1732
1741
1762
1762
1717
1745 11740
1750 22161720
1724
1763
1736
1759
1733 22511733
1711 22601758
1720
1754
1729 22481811
1728
1735 223922611744
1711
1755
1729
1
174022122224 22631720
1741
1755 1759
1732
1735
1710
1724
1721
1725
1750
1754 226022311728 -Not to Scale--Not a Survey-Rev. 2/14/2019
Single Family Residential Single Family Residential Single Family Residential Single Family Residential
ANX2019-02008
Alice R. MacInnis
1763 Ragland Court
View looking east at subject property, 1763 Ragland Court.
West of the subject property
South of the subject property
View looking westerly along Ragland Court
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2019-02007
Agenda Date: 4/18/2019 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.4
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 1767
Cardinal Drive, and pass Ordinances 9259-19, 9260-19, and 9261-19 on first reading.
(ANX2019-02007)
SUMMARY:
This voluntary annexation petition involves a 0.197-acre property consisting of one parcel of
land occupied by a single family home. The parcel is located on the east side of Cardinal Drive
approximately 950 feet north of SR 590. The applicant is requesting annexation in order to
receive sanitary sewer and solid waste service from the City. The property is located within an
enclave and is contiguous to existing city limits to the north, south and west. It is proposed that
the property be assigned a Future Land Use Map designation of Residential Low (RL) and a
Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Clearwater Community Development Code Section 4-604.E
as follows:
·The property currently receives water service from the City. The closest sanitary sewer
line is located in the adjacent Cardinal Drive right-of-way. The applicant has paid the
City’s sewer impact and assessment fees and is aware of the additional costs to
extend City sewer service to this property. The property is located within Police District
III and service will be administered through the district headquarters located at 2851 N.
McMullen Booth Road. Fire and emergency medical services will be provided to this
property by Station #49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and
their levels of service; and
·The proposed annexation is consistent with and promotes the following objectives and
policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Page 1 City of Clearwater Printed on 4/17/2019
File Number: ANX2019-02007
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 is consistent with
the Countywide Plan designation of the property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the District and the
property exceeds the District’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
·The property proposed for annexation is contiguous to existing city limits to the north,
south 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 4/17/2019
Ordinance No. 9259-19
ORDINANCE NO. 9259-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED GENERALLY ON THE EAST SIDE OF CARDINAL
DRIVE, APPROXIMATELY 950 FEET NORTH OF SR 590,
WHOSE POST OFFICE ADDRESS IS 1767 CARDINAL
DRIVE, CLEARWATER, FLORIDA 33759 INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 67, Pinellas Terrace, according to the map or plat thereof as recorded in Plat
Book 49, Page 52, of the Public Records of Pinellas County, Florida.
(ANX2019-02007)
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. 9259-19
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 7144271424
A
13
14
15 16 17 18 19 20 21 22 23
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 1 2345 6
26
27
28
29
30
31
32
33
34
35
3637
38
39
40
41
42
43
44
45
46
4754
55
56
57
58
59
60
61
62
63
6465
66
67
68
69
70
71
72
73
74
75
33/02
33/01
33/03
33/051
1.75
33/06
33/04
1.68
33/052
33/05
1.13
1.97
AC(C)
AC(C)
AC(C)
AC(C)US-19 NAUDREY DR CARDINAL DR E US-19 FRONTAGE RDN TERRACE DR COACHMAN PLAZA DR1746
1774
1754
1734
1742
1738
1730
1770
1778
1722
1750 26551726
1737
177926372625
1727 267226711721 26491771 26662678264826541715
17302665263126591717 267726431725
1731
1719
1771
1762
1766
1775
1761
1751
1743
1745
1758
1767
1754
1730
1766
1719
1737
1731
1773
1749
1761
1772
1743
1748
1767
1778
1725
1760
1724
1736
1742 26841766
1724
1760
173626601742
1772
1754
1778-Not to Scale--Not a Survey-Rev. 2/13/2019
PROPOSED ANNEXATION
Owner(s): Rohe Street Property, LC
Case:ANX2019-02007
Site: 1767 Cardinal Drive
Property
Size(Acres):
ROW (Acres):
0.197
Land Use Zoning
PIN: 05-29-16-71424-000-0670
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
Ordinance No. 9260-19
ORDINANCE NO. 9260-19
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 GENERALLY ON THE EAST SIDE
OF CARDINAL DRIVE, APPROXIMATELY 950 FEET
NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS
1767 CARDINAL DRIVE, CLEARWATER, FLORIDA 33759,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Properties Land Use
Category
Lot 67, Pinellas Terrace, according to the
map or plat thereof as recorded in Plat Book
49, Page 52, of the Public Records of
Pinellas County, Florida.
Residential Low
(RL)
(ANX2019-02007)
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. 9259-19.
Ordinance No. 9260-19
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 7144271424
A
13
14
15 16 17 18 19 20 21 22 23
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 1 2345 6
26
27
28
29
30
31
32
33
34
35
3637
38
39
40
41
42
43
44
45
46
4754
55
56
57
58
59
60
61
62
63
6465
66
67
68
69
70
71
72
73
74
75
33/02
33/01
33/03
33/051
33/1233/071
1.75
33/06
33/04
1.68
33/052
33/05
1.13
1.97
AC(C)
AC(C)
AC(C)
AC(C)
RL
RL
RL
RU
R/O/R
US 19-NC
RL
RU
RL
RL
RUUS-19 NAUDREY DR CARDINAL DR E US-19 FRONTAGE RDN TERRACE DR COACHMAN PLAZA DR1746
1731
1719
1774
1771
1754
1742
1738
1730
1751
1745
1770
1778
1750 26551737
1779
1719
1731
1773
1761
1725
1760 2684263726251727 267226711721 26491771 26662678264826541715
173026652631265917172660 267717542643
1718
23459
23331
23399
1725
1762
1766
1775
1734
1761
1743
1758
1767
1722
1726
1754
1730
1766
1737
1718
1749
1772
1743
1748
1767
1778
1724
1736
1742
1766
1724
1760
1736
1742
1772
1778
23499 -Not to Scale--Not a Survey-Rev. 2/13/2019
PROPOSED FUTURE LAND USE MAP
Owner(s): Rohe Street Property, LC
Case:ANX2019-02007
Site: 1767 Cardinal Drive
Property
Size(Acres):
ROW (Acres):
0.197
Land Use Zoning
PIN: 05-29-16-71424-000-0670
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
Ordinance No. 9261-19
ORDINANCE NO. 9261-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
GENERALLY ON THE EAST SIDE OF CARDINAL DRIVE,
APPROXIMATELY 950 FEET NORTH OF SR 590, WHOSE
POST OFFICE ADDRESS IS 1767 CARDINAL DRIVE,
CLEARWATER, FLORIDA 33759, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit 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. 9259-19.
Property Zoning District
Lot 67, Pinellas Terrace, according to the
map or plat thereof as recorded in Plat Book
49, Page 52, of the Public Records of
Pinellas County, Florida
Low Medium Density Residential
(LMDR)
(ANX2019-02007)
Ordinance No. 9261-19
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 7144271424
A
13
14
15 16 17 18 19 20 21 22 23
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 1 2345 6
26
27
28
29
30
31
32
33
34
35
3637
38
39
40
41
42
43
44
45
46
4754
55
56
57
58
59
60
61
62
63
6465
66
67
68
69
70
71
72
73
74
75
33/02
33/01
33/03
33/051
1.75
33/06
33/04
1.68
33/052
33/05
1.13
1.97
AC(C)
AC(C)
AC(C)
AC(C)US-19 NAUDREY DR CARDINAL DR E US-19 FRONTAGE RDN TERRACE DR COACHMAN PLAZA DRUS 19
LMDR
1746
1731
1719
1774
1771
1734
1742
1738
1730
1751
1743
1745
1770
1778
1722
1750 26551726
1737
1779
1719
1731
1773
1761
1778
1725
1760 2684263726251727 267226711721 26491771 26662678264826541715
173026652631265917172660 26771754264323459
23331
23399
23499
LMDR
LMDR
1725
1762
1766
1754
1775
1761
1758
1767
1754
1730
1766
1737
1718
1749
1772
1743
1748
1767
1724
1736
1742
1766
1724
1760
1736
1742
1772
1778-Not to Scale--Not a Survey-Rev. 2/13/2019
PROPOSED ZONING MAP
Owner(s): Rohe Street Property, LC
Case:ANX2019-02007
Site: 1767 Cardinal Drive
Property
Size(Acres):
ROW (Acres):
0.197
Land Use Zoning
PIN: 05-29-16-71424-000-0670
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
US-19 NSR 590 EVANS DR OWEN DR AUDREY DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDCARDINAL DR MORNINGSIDE DR
N TERRACE DR COACHMAN PLAZA DR ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 2/13/2019
LOCATION MAP
Owner(s): Rohe Street Property, LC
Case: ANX2019-02007
Site: 1767 Cardinal Drive
Property
Size(Acres):
ROW (Acres):
0.197
Land Use Zoning
PIN: 05-29-16-71424-000-0670
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
US-19 NUS-19 NAUDREY DR AUDREY DR CARDINAL DR CARDINAL DR E US-19 FRONTAGE RDE US-19 FRONTAGE RDN TERRACE DR N TERRACE DR -Not to Scale--Not a Survey-Rev. 2/13/2019
AERIAL PHOTOGRAPH
Owner(s): Rohe Street Property, LC
Case: ANX2019-02007
Site: 1767 Cardinal Drive
Property
Size(Acres):
ROW (Acres):
0.197
Land Use Zoning
PIN: 05-29-16-71424-000-0670
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
7144271424
A
13
14
15 16 17 18 19 20 21 22 23
2
3
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5
6
7
8
9
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11
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13
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17 1 2345 6
26
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3637
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44
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46
4754
55
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57
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59
60
61
62
63
6465
66
67
68
69
70
71
72
73
74
75
33/02
33/01
33/03
33/051
33/1233/071
1.75
33/06
33/04
1.68
33/052
33/05
1.13
1.97
AC(C)
AC(C)
AC(C)
AC(C)US-19 NAUDREY DR CARDINAL DR E US-19 FRONTAGE RDN TERRACE DR COACHMAN PLAZA DR 1746
1774
1754
1734
1742
1738
1730
1770
1778
1722
1750 26551726
1737
177926372625
1727 267226711721 26491771 26662678264826541715
17302665263126591717 267726431725
1731
1719
1771
1762
1766
1775
1761
1751
1743
1745
1758
1767
1754
1730
1766
1719
1737
1731
1773
1718
1749
1761
1772
1743
1748
1767
1778
1725
1760
1724
1736
1742 26841766
1724
1760
173626601742
1772
1754
1718
1778-Not to Scale--Not a Survey-Rev. 2/13/2019
EXISTING SURROUNDING USES MAP
Owner(s): Rohe Street Property, LC
Case: ANX2019-02007
Site: 1767 Cardinal Drive
Property
Size(Acres):
ROW (Acres):
0.197
Land Use Zoning
PIN: 05-29-16-71424-000-0670
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
Single Family Residential
Single Family Residential Retail Vehicle Sales Vehicle Service Vacant
View looking east at subject property, 1767 Cardinal Drive North of subject property
ANX2019-02007
Rohe Street Property, LC
1767 Cardinal Drive
South of subject property East of subject property, across Moss Avenue
View looking northerly along Cardinal Drive View looking southerly along Cardinal Drive
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2019-02006
Agenda Date: 4/18/2019 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.5
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 800
Moss Avenue and 3046 Grand View Avenue, and pass Ordinances 9256-19, 9257-19, and
9258-19 on first reading. (ANX2019-02006)
SUMMARY:
These voluntary annexation petitions involve 0.437 acres of property consisting of two parcels
of land occupied by single family homes. The parcels are located generally north of Drew
Street, south of SR 590, and within ¼ mile west of McMullen Booth Road. The applicants are
requesting annexation in order to receive sanitary sewer service from the City as part of the
Kapok Terrace Sanitary Sewer Extension Project. The properties are located within an enclave
and are contiguous to existing city limits along at least one boundary. It is proposed that the
properties be assigned a Future Land Use Map designation of Residential Low (RL) and 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. The property at 800 Moss has been connected to the City’s
sewer system, and the owner of 3046 Grand View Avenue is aware of the additional
costs to extend city sewer service to this property. 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
Page 1 City of Clearwater Printed on 4/17/2019
File Number: ANX2019-02006
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
·The proposed Residential Low (RL) Future Land Use Map category to be assigned to
both properties is consistent with the Countywide Plan designation. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed zoning
district to be assigned to the 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 4/17/2019
Ordinance No. 9256-19
ORDINANCE NO. 9256-19
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 3046 GRAND VIEW AVENUE
AND 800 MOSS 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.
(ANX2019-02006)
The map attached as Exhibit B are 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. 9256-19
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
ANX2019‐02006
=========================================================================================
No. Parcel ID Lot No., Block No. Address
1. 09-29-16-45126-002-0130 Lot 13, Block B 3046 Grand View Avenue
2. 09-29-16-45126-007-0060 Lot 6, Block G 800 Moss Avenue
The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas
County, Florida.
Exhibit B
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL
88245
82890
45126
E
F C
D
G
B
AH
I
234
5
6
7
8
9
10
11
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
234567
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789111
1
16
17
32
33
(14)
1 2 3 4 5
8
9 10 11 12
1
32/01
1.57
AC(C)MOSS AVE MERRILL AVE
GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE E601
511510
600
8 0 6
808
7 1 2
800
911
923
918
90 6
8 0 1
708
809
801
815
707
924
907
900
911
807
306930353001301930613003301330803059301230643001302130473019307130003013303530063065304930773007304130233048302430203006308130183000304030463024303030573025307430263100300730063012901
8 0 0
602
915
917
607
701
3058301030343059305330413042303630123047304030763071333053304130473031305530293058304130413070330523077304730633052306430463075307630653070305330353040302531023046-Not to Scale--Not a Survey-Rev. 2/13/2019
PROPOSED ANNEXATION
Owner(s): Daron W. Whitley
Richard L. Zacchigna Case: ANX2019-02006
Site: 3046 Grand View Avenue
800 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.437
Land Use Zoning
PIN: 09-29-16-45126-002-0130
09-29-16-45126-007-0060
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
Ordinance No. 9257-19
ORDINANCE NO. 9257-19
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 3046 GRAND VIEW AVENUE
AND 800 MOSS 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)
(ANX2019-02006)
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. 9256-19.
Ordinance No. 9257-19
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
ANX2019‐02006
=========================================================================================
No. Parcel ID Lot No., Block No. Address
1. 09-29-16-45126-002-0130 Lot 13, Block B 3046 Grand View Avenue
2. 09-29-16-45126-007-0060 Lot 6, Block G 800 Moss Avenue
The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas
County, Florida.
Exhibit B
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL
88245
82890
45126
E
F C
D
G
B
AH
I
234
5
6
7
8
9
10
11
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
234567
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789111
1
16
17
32
33
(14)
1 2 3 4 5
8
9 10 11 12
32/01
1.57
AC(C)N McMULLEN BOOTH RD RL
RL
RL
RL
RL
RL
RL
RL
RLRL
CG
CG
RH
RUMOSS AVE MERRILL AVE
GRAND VIEW AVE
LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE E601
511510
600
8 0 6
901
808
71 2
800
911
923
918
602
906
915
8 0 1
607
708
809
801
701
707
924
907
900
911
807
30693035305830193010306130343059305330413013304230803036301230593047304030123064307630013021304730193053304130473071300030313013305530353006306530493077302930073041305830413023304130703048305230243020300630773081301830003040304630473024306330303064307530573076302530743065307030263035310030073006304030253102301230468 0 0
917
815
300130033071333305230463053-Not to Scale--Not a Survey-Rev. 2/15/2019
PROPOSED FUTURE LAND USE MAP
Owner(s): Daron W. Whitley
Richard L. Zacchigna Case: ANX2019-02006
Site: 3046 Grand View Avenue
800 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.437
Land Use Zoning
PIN: 09-29-16-45126-002-0130
09-29-16-45126-007-0060
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
Ordinance No. 9258-19
ORDINANCE NO. 9258-19
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
3046 GRAND VIEW AVENUE AND 800 MOSS
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. 9256-19.
Property Zoning District
See attached Exhibit A for Legal
Descriptions
Low Medium Density Residential
(LMDR)
(ANX2019-02006)
Ordinance No. 9258-19
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
ANX2019‐02006
=========================================================================================
No. Parcel ID Lot No., Block No. Address
1. 09-29-16-45126-002-0130 Lot 13, Block B 3046 Grand View Avenue
2. 09-29-16-45126-007-0060 Lot 6, Block G 800 Moss Avenue
The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas
County, Florida.
Exhibit B
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL
88245
82890
45126
E
F C
D
G
B
AH
I
234
5
6
7
8
9
10
11
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
234567
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789111
1
16
17
32
33
(14)
1 2 3 4 5
8
9 10 11 12
32/01
1.57
AC(C)N McMULLEN BOOTH RD MOSS AVE MERRILL AVE
GRAND VIEW AVE
LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE ELMDR
C
HDR
601
511510
600
8 0 6
808
7 1 2
800
911
923
918
906
8 0 1
70 8
809
801
815
707
924
907
900
911
807
306930353001301930613003301330803059301230643001302130473019307130003013303530063065304930773007304130233048302430203006308130183000304030463024303030573025307430263100300730063012901
8 0 0
602
915
917
607
701
30583010303430593053304130423036301230473040307630713053304130473031305530293058304130413070330523077304730633052306430463075307630653070305330353040302531023046-Not to Scale--Not a Survey-Rev. 2/15/2019
PROPOSED ZONING MAP
Owner(s): Daron W. Whitley
Richard L. Zacchigna Case: ANX2019-02006
Site: 3046 Grand View Avenue
800 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.437
Land Use Zoning
PIN: 09-29-16-45126-002-0130
09-29-16-45126-007-0060
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
DREW ST MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
CHAMBLEE LN
BORDEAUX LN
WOLFE RD MADERA AVE THOMAS RD
SAN MATEO ST
TERRACE VIEW LN
SAN BERNADINO ST ^-Not to Scale--Not a Survey-Rev. 2/13/2019^
LOCATION MAP
Owner(s): Daron W. Whitley
Richard L. Zacchigna Case: ANX2019-02006
Site: 3046 Grand View Avenue
800 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.437
Land Use Zoning
PIN: 09-29-16-45126-002-0130
09-29-16-45126-007-0060
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE
GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD LAKE VISTA DR LAKE VISTA DR
GLEN OAK AVE NGLEN OAK AVE N
TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 2/13/2019
AERIAL PHOTOGRAPH
Owner(s): Daron W. Whitley
Richard L. Zacchigna Case: ANX2019-02006
Site: 3046 Grand View Avenue
800 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.437
Land Use Zoning
PIN: 09-29-16-45126-002-0130
09-29-16-45126-007-0060
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL
88245
82890
45126
E
F C
D
G
B
AH
I
234
5
6
7
8
9
10
11
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
234567
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789111
1
16
17
32
33
(14)
1 2 3 4 5
8
9 10 11 12
1
32/01
1.57
AC(C)MOSS AVE MERRILL AVE
GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE E601
511510
600
8 0 6
808
7 1 2
800
911
923
918
90 6
8 0 1
708
809
801
815
707
924
907
900
911
807
306930353001301930613003301330803059301230643001302130473019307130003013303530063065304930773007304130233048302430203006308130183000304030463024303030573025307430263100300730063012901
8 0 0
602
915
917
607
701
3058301030343059305330413042303630123047304030763071333053304130473031305530293058304130413070330523077304730633052306430463075307630653070305330353040302531023046-Not to Scale--Not a Survey-Rev. 2/13/2019
EXISTING SURROUNDING USES MAP
Owner(s): Daron W. Whitley
Richard L. Zacchigna Case: ANX2019-02006
Site: 3046 Grand View Avenue
800 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.437
Land Use Zoning
PIN: 09-29-16-45126-002-0130
09-29-16-45126-007-0060
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 283A To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
Single Family Residential
Single Family Residential
View looking west at subject property, 800 Moss Avenue North of subject property
ANX2019-02006
Richard L. Zacchigna
800 Moss Avenue
South of subject property East of subject property, across Moss Avenue
View looking northerly along Moss Avenue View looking southerly along Moss Avenue
View looking north at subject property, 3046 Grand View Avenue East of subject property
ANX2019-02006
Daron W. Whitley
3046 Grand View Avenue
West of subject property South of subject property, across Grand View Avenue
View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9265-19 2nd rdg
Agenda Date: 4/18/2019 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9265-19 on second reading, vacating a 10 foot by 75 foot portion of a platted
utility easement lying in Lot 32, Skycrest Greens Addition, as recorded in Plat Book 69, Page 6,
of the Public Records of Pinellas County, Florida.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 4/17/2019
1
Ord. No. 9265-19
ORDINANCE NO. 9265-19
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A 10’ X 75’ PORTION OF A
PLATTED UTILITY EASEMENT LYING IN LOT 32,
SKYCREST GREENS ADDITION, AS RECORDED IN PLAT
BOOK 69, PAGE 6, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, LYING IN NORTHEAST
1/4 OF SECTION 11, TOWNSHIP 29 SOUTH, RANGE 15
EAST, PINELLAS COUNTY, FLORIDA: PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner in fee title of real property described and depicted in Exhibit
“A”, attached hereto and incorporated herein, has requested that the City vacate a portion
said easement; and
WHEREAS, the City Council of the City of Clearwater, Florida finds that said
easement is not necessary for municipal use and it is deemed to be in the best interest of
the City and the general public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
A portion of easement described as follows:
See Exhibit “A”
is hereby vacated, closed and released, and the City of Clearwater releases all of its
right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the Public Records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
2
Ord. No. 9265-19
PASSED ON FIRST READING ________________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED ________________________________
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
75'N KEENE RD N SATURN AVE ARIES LN E LEO LN S LEO LN
1416
AERIAL MAP
Proposed Vacation10' Utility Easement
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
1416 Leo Ln. EParcel Number: 11-29-15-82631-000-0320
Document Path: V:\GIS\Engineering\Location Maps\1416 Leo Ln East.mxd
Water Easement
²
N.T.S.Scale:
Page 1 of 1Aerial Flown 2018 Date:3/5/2019WDMap Gen By:RBReviewed By:11-29s-15eS-T-R:270BGrid #:
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6017
Agenda Date: 4/18/2019 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Ratify and confirm an amendment to the ICMA Administrative Services Agreement for the 401a
Money Purchase Pension Plan and the 457 Deferred Compensation Plan, authorize a payment
of $57,900 to ICMA and authorize the appropriate officials to execute same.
SUMMARY:
Council approved an administrative services agreement with ICMA in September 2018,
whereby ICMA became the sole provider for the City’s 401a Money Purchase Pension and 457
Deferred Compensation plans.
Implementation of the new agreement requires the transition of 457 deferred compensation
plan assets from Nationwide to ICMA.
The agreement with Nationwide included provisions for a market value adjustment (MVA) fee
upon transition of the assets if market interest rates created a market value loss on assets
within the plan. Unfortunately, an increase in interest rates has caused a loss resulting in an
MVA fee of $109,000 due to Nationwide upon transition of the assets.
ICMA has agreed to absorb the transition costs initially by paying the fee to Nationwide on
behalf of the City.
The City has agreed to use $57,900 of ICMA plan assets from the City’s Treasurers Escrow
Fund to reimburse ICMA for a partial paydown of the $109,000. These plan assets were excess
earnings from the 401a and 457 plans that have been refunded to the City in prior years. The
monies were held in the Treasurers Escrow Fund to designate that they were not City monies
but were owed to the plan. The use of these monies for transition costs such as the MVA is an
appropriate use of the funds.
The balance of the $109,000, totaling $51,100, will be spread across all plan participants in the
form of a minor fee increase over the next five years. The fee increase will be 0.008%,
increasing the ICMA fee from 0.049% to 0.057%.
Per the previous September 2018 agenda item for the ICMA agreement, it was estimated that
the average employee would save $160 annually for each $50,000 in their retirement account
per the new agreement fees. Per this amendment and the 0.008% fee increase, the estimated
savings would decrease $4 to approximately $156 annually for each $50,000.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 650-221102, Treasurer’s Escrow ICMADefComp, to fund this
Page 1 City of Clearwater Printed on 4/17/2019
File Number: ID#19-6017
amendment
Page 2 City of Clearwater Printed on 4/17/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6027
Agenda Date: 4/18/2019 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Approve co-sponsorship and waiver of requested city fees and service charges for special
events including seven annual city events produced by Parks and Recreation Department and
twenty-four city co-sponsored events produced by others, at an estimated General Fund cost
of $629,140 ($107,750 cash contributions and $521,390 in-kind contributions) and Enterprise
Fund cost of $44,930, for the purposes of Fiscal Year 2019/20 departmental budget submittals.
SUMMARY:
According to City Council Policy, Item M - Special Event Fees, there shall be an annual review
of City sponsored/co-sponsored events during the budget process. An agenda item approving
co-sponsorship and level of support for these events will be brought before the City Council at
the beginning of the budget process each fiscal year. In the event additional money is required
beyond what is approved in the Fiscal Year (FY) 2019/20 budget, City Council approval will be
required.
Staff recommends that cash and in-kind contributions be included in the various departmental
budgets for FY 2019/20 for co-sponsored special events as detailed in Special Events Budget
Estimates Chart for FY 2019/20.
Cash contributions of $107,750 are for Jazz Holiday ($75,000), Tampa Bay Veterans
Association, Memorial and Veterans Celebrations ($5,000), MLK Jr. Celebration ($4,750), and
the Florida Orchestra ($23,000). This is a reduction of $3,000 in cash contributions from
2018/19.
Overall, General Fund requests increased by $52,080. This is due in part by shifting the
responsibility for funding of the fireworks display for Clearwater Celebrates America from the
Gas Department to Parks and Recreation ($40,000). Additional increases mainly in Parks and
Recreation and the Police Department are needed to cover the growth and success of three
events: Clearwater Jazz Holiday, Pier 60 Sugar Sand Festival, and Super Boat National
Championships. Enterprise Fund costs decreased by $46,390 for a grand total increase for
FY 2019/20 of $5,690.
One event from 18/19 did not request co-sponsorship for FY 2019/20, Clearwater Beach
Uncorked. Four events were removed and retitled for accounting purposes (Concert Series at
Coachman Park, Blast Friday/Miracle/Cruisin events, Sports Tourism Events, Downtown
Clearwater Festivals).
Two new events were added, “Make a Difference Day” and “NFCA Leadoff Classic.” Also, the
Hispanic Heritage Concert was added back as a city sponsored event to help defray some of
the rising cost of entertainment and event production for this annual community event. A few
Page 1 City of Clearwater Printed on 4/17/2019
File Number: ID#19-6027
events for FY 2019/20 have been renamed, Bay2Beach Music and Arts Festival will be called
Clearwater Music and Arts Festival and Clearwater Seafood and Wine Festival has been
renamed to Feast on the Beach.
Also, included on the Special Events Budget Estimates Chart for FY 2019/20 is a list of
additional events requiring some type of support from the Parks and Recreation Department
Special Events Division.
Special Events Division processed 681 special events applications during 2018, including 226
general permits, 330 wedding permits, 27 co-sponsored event permits, 27 Department
supported event permits, and 71 park usage permits.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 4/17/2019